The state is trying to improve the living conditions of various vulnerable categories of the population, as well as people in difficult financial situations. Therefore, you should understand who can receive a pension for the loss of a breadwinner. It is intended for the wives, parents and children of deceased military personnel or police officers, as well as ordinary citizens who have been dependent on other people who cannot work independently.
Purpose of payment
The pension granted due to the loss of the breadwinner is represented by a monthly payment. She is appointed by the regional authorities, and her main purpose is to support families in which the breadwinner died or disappeared. At the same time, it is important that there are dependents in the family who were provided by the deceased person.
Such a payment acts as a certain compensation for the income received by a deceased person during his life in the process of work. Who can receive a survivor's pension? It is assigned to the wives, parents and children of the deceased, and for this they must have documents confirming that they were dependent on him. If these papers are absent, then the matter is decided through the court. Other relatives often claim these payments, moreover, they receive a positive decision if they are really fully provided for by the deceased breadwinner.
Legislative regulation
When determining the size and procedure for transferring this pension, the provisions and information from various regulatory acts are taken into account, which include:
- Federal Law No. 400, which sets out the basic rules used to calculate various insurance pensions.
- Federal Law No. 4468, which sets out the procedure for calculating pensions for citizens who have died in the process of military service.
- Federal Law No. 166, which describes the main nuances of the pension provision of the Russian Federation.
- Art. 39 of the Constitution speaks about who can receive a pension for the loss of a breadwinner, and this includes all the relatives or adoptive children, as well as the parents and spouse of the deceased citizen.
Each citizen applying for this payment should study the information from the above documents.
Who is assigned to?
Initially, you should find out who receives the survivor's pension. Different citizens can apply for this payment. These include family members as well as relatives of the deceased person.
Under certain circumstances, it is allowed to draw it up even for unauthorized persons, but it is important to prove that they were dependent on a deceased citizen, and also can not provide for themselves on account of old age or the presence of a serious illness.
Features of appointing a wife
Is it possible to receive a survivor's pension for the wife of a deceased or missing person? The spouse can count on this security, but only on condition that it is disabled. There may be various reasons for this:
- the presence of a certain disability group;
- identification of a serious disease that does not provide an opportunity to independently engage in income generation;
- being on maternity leave.
If a woman is of working age, has good health, as well as all children over three years old, then there is no reason for her to receive this payment.
Specific purpose for children
It is the children of a deceased person who are considered the main applicants for pension. The child receives a survivor's pension up to 18 years.For this, funds can be transferred to his bank account or to his mother's account.
Can I get a survivor pension after 18 years? This amount is paid if after 18 years the child is studying in person. In addition, it is possible for citizens who are disabled, therefore, they do not have the opportunity for independent employment. They include people with a disability group or who have serious illnesses.
Are they assigned to parents?
The mother receives a survivor's pension if the deceased or missing son provided her with all the necessary means of subsistence. Therefore, there must be evidence that the parents were dependent on their son during his lifetime.
Typically, the purpose of payment is due to the fact that parents are in old age, and their pension is not enough to ensure an optimal standard of living. They can also be disabled or have serious illnesses.
In such a situation, funds are paid until the end of the life of beneficiaries.
Who else can draw up?
A person who does not belong to the family of a deceased person may become a pensioner in case of loss of a breadwinner. This includes distant relatives who are dependent on a citizen during his lifetime.
They must have evidence of this fact, and they are also required to be disabled.
Types of Pension
It is important to understand not only who can receive a pension for the loss of a breadwinner, but also what payment is assigned.
Under such conditions, you can count on several types of pensions, which depend on the availability of registration in the insurance system. If the deceased person was officially employed, then his dependents are granted retirement pensions, the size of which depends entirely on the salary that the citizen received before death.
If there were no deductions to the Pension Fund, then the pension is social, so its size depends on the decision of the authorities.
Insurance pension
What kind of pension a child receives for the loss of a breadwinner depends on the employment of the deceased person during his lifetime. If he worked to death, then an insurance payment is assigned.
To assign this pension, the breadwinner must be registered in the OPS system during his lifetime, and he must also have a minimum length of service equal to one day.
Social pension
The child receives a survivor's insurance pension if the deceased father did not work officially until death. In this case, he did not have transfers to the Pension Fund and other funds, so it is impossible to determine his average earnings. The amount of such payment is minimal.
She is appointed in the absence of any breadwinner experience. It is not assigned to relatives who intentionally committed any actions against the deceased person that led to his death.
State payment
What kind of pension does the dependents receive if the deceased was a soldier or a policeman? In this case, a fairly significant state pension is assigned.
It is additionally paid to dependents of citizens who have become victims of radiation accidents or man-made radiation.
How old is paid?
This payment is assigned on the following conditions:
- payments are suspended when the child reaches the age of majority;
- their renewal is allowed if a citizen continues to study full-time, but payments are stopped if he reaches 23 years old or stops studying at a particular institution;
- this payment is assigned for life if it is paid to the elderly parents of a deceased person or to a disabled child.
Thus, each person applying for such a pension must figure out to whom and to what age it is assigned.
Features of pension accrual
This payment is paid taking into account some factors:
- its size depends on whether the deceased breadwinner worked to death, and also takes into account what salary he received at the same time;
- rely on retirement can not only native children, but also officially adopted;
- if there are several dependents, then a payment is assigned to each of them.
The amount of this payment is different for all recipients of one deceased breadwinner.
Design Nuances
If the wife of the deceased breadwinner claims for this payment, then she can count on it only in the presence of a certain disability group or in case of disability. If she is in retirement age, she can replace her own pension with this payment.
It is necessary to apply for a pension to the PF department at the place of residence. It is allowed to submit documents not only to this organization, but also through the MFC or the State Service portal.
What documents are needed?
Making a payment involves the preparation of certain documentation, which includes:
- applicant's passport;
- certificate of birth of the child for whom the pension is issued;
- certificate of death of the breadwinner;
- certificate of registration of marriage, if the wife of the deceased person plans to receive these funds.
PF employees may require other documentation, for example, which proves that there were indeed family ties between the applicant and the deceased person.
What other documents will be needed?
Other papers may be attached to standard documentation:
- certificate of death of a serviceman, if dependents claim a state pension;
- a document indicating that the cause of death is a disease or injury sustained in the course of service;
- a certificate containing data on how much the deceased breadwinner served in the army;
- confirmation that the widow did not marry another man.
If there is no death certificate, since the person went missing, then a court decision is needed, on the basis of which he is recognized as dead.
How is pension calculated?
The size of this payment can be found directly in the PF department, and the standard standards are used in the calculation:
- if the child remains an orphan, then he receives 250% of the provision of parents;
- family members who are officially disabled, receive a payment equal to 125% of the social pension;
- the relatives of the deceased astronaut receive 40% of his monthly earnings, and this amount is assigned for each dependent;
- if a soldier dies while serving, his family members can expect 40% of the average salary, and funds are allocated for each relative who is not able to earn on his own;
- if a soldier dies due to a non-occupational disease, 30% of his salary is calculated for dependents.
When calculating the retirement pension, the actual number of years the breadwinner has worked is taken into account.
When is the payout scheduled?
After submitting the necessary documents to the PF department, you must wait no more than 10 days.
If you use the help of an intermediary provided by the MFC, this period will increase by about 5 days.
Who is assigned the surcharge?
Only disabled people of the 1st group can expect an additional payment.
Such dependents receive 100% of the state pension. This is due to the fact that they completely lack the opportunity for self-employment.
What benefits are offered?
In addition to the payment itself, benefits are assigned to children receiving a survivor's pension. These include:
- children with disabilities, like children of deceased military personnel, can rely on free prescription drugs, and they will also be given trips to sanatoriums or resorts for treatment, and travel to the place of treatment on different modes of transport is paid by the state;
- orphans who have lost both parents receive free higher education, medicines on preferential terms, housing from the municipal fund, unemployment benefits for six months after graduation, and if the rights of such a child are violated, then he can count on legal help.
You can find out if a child receiving a survivor's pension can count on various benefits from the state at the social security department, where his guardian should apply.
Any benefit to a survivor's pension for children is provided by social protection or guardianship authorities. For this, statements must be drawn up and other documents prepared by official guardians.
Other nuances
The pension granted to dependents who have lost the breadwinner may have different sizes, and at the same time, family members of the deceased citizen must deal with it. Different nuances are taken into account for this:
- the child can rely on this payment even in a situation if his parents were not officially married, but at the same time he should be dependent on his mother or father;
- the refusal to pay a pension may be due to various reasons, and usually this includes the absence of a basis for assigning this payment, the child reaching the age of 18 years or the absence of the necessary documentation;
- all family members can receive a song if they are unable to work, as well as being dependent on a deceased citizen during his lifetime;
- even stepmothers or stepfathers can count on this payment, but they must educate the deceased breadwinner for at least 5 years.
Citizens who are officially functional cannot rely on this payment. They must be employed or registered with the employment service in order to rely on unemployment benefits.
Thus, the survivor benefit is considered an important payment for family members of a deceased person. It allows you to receive a certain amount of funds for the life of citizens, since they themselves do not have the ability to work officially. Payment is assigned only when preparing the necessary documentation, and its size may vary for different dependents. Not only the children of the deceased nurse, but also his spouse, as well as parents can count on her. But for this they must meet certain conditions. The amount of payment depends additionally on the length of service and official employment of the deceased citizen.