Maternal, or family, capital - funds allocated from the state budget in order to implement additional measures of material support. For this, a special certificate is issued, which confirms the right that gives additional state support to families with children. When and how to draw up maternity capital is regulated by 256 Federal Laws, which entered into force in two thousand and seven. This is exactly what will be discussed in our article.
Who is eligible?
Most often, the recipient is the mother (in exceptional cases, the father) who has (s) more than one child. The right to receive such a payment is granted for one child and at a time, that is, at the birth of, for example, three babies, the mother receives money for one of the two subsequent children.
This also applies to adopted children. An exception is considered to be children in respect of whom it was decided to deprive the parents of their parental rights. Also, this deviation from the rules includes babies, in relation to whom the fact of adoption was canceled.
If twins are born, the right to receive a cash payment arises in relation to a child who was born later.
Where to draw up maternity capital?
A certificate giving the right to receive such a payment can be issued at the Pension Fund at the place of residence. To do this, you must have a set of documents regulated by law. All necessary certificates can be brought to the institution independently, sent by mail or transmitted with an authorized person. An application must be attached to the package of documents, which must be filled out at the Pension Fund. It is also allowed to print this form on a computer.
So, the Pension Fund is an institution where you can draw up maternity capital. Moreover, it does not have the right to refuse to provide this service even if the place of registration does not coincide with the actual residence of the family.
When can I issue maternity capital?
Receiving Payments capital for a child under the age of majority, requires a certificate. The timing of this document is not limited by law. It can be obtained even ten years after the birth of the baby.
An application for the appointment of the due payment shall be submitted after the expiration of a three-year period. Consideration of the appeal occurs within a month after the submission of the necessary documents. At the same time, the applicant receives a notice of payment or refusal within five days. There are such cases. The reason for the refusal is motivated. In case of a positive result, the notification shall indicate the date of receipt. On this day, the applicant must come to the Pension Office to obtain a certificate.
Required documents
We have already examined where you can draw up maternity capital. Documents required for this include:
- standard form statement,
- identity passport
- certificate confirming the birth (adoption) of the baby,
- a document confirming the presence of Russian citizenship of the child (a stamp of the migration service on the back of the certificate) or an insert on a family member born before February seventh of two thousand and seven.
Where can I spend maternity capital?
The law does not provide the right in monetary terms to see and hold in the hands of family capital. You can spend it to improve housing conditions, on the education of the child.You can also use the certificate to increase the funded part of the mother’s pension.
Improving housing conditions means the construction, reconstruction and acquisition of a house or apartment. No maternity capital is allocated for the purchase of a land plot for the purpose of constructing a residential building on it. There is one more limitation. Improving, building or reconstructing allocated funds for housing located outside the territory of the Russian Federation is also prohibited by law.
It is impossible to spend maternal capital, except for cases specified by law, for any other purpose (buying a car, vacation abroad, treatment, etc.).
The amount allocated to maternal capital increases annually by the state in proportion to the rate of inflation.
If part of the funds was not spent, then they can be used for other purposes prescribed by law.
Maternity capital on a mortgage
Checkout mortgage under maternity capital it is not prohibited by law. All loans taken before the thirty-first of December two thousand and ten years for housing purposes can be repaid by funds allocated by the state. It is allowed to pay a mortgage even before the child is three years old or if this loan was taken before the birth of the second child. At this point, the rules are very flexible.
When applying for a mortgage loan, in addition to the initial payment, the amount of maternity capital is attached, which is not given out to the hands, but transferred by the Pension Fund to the bank account of the bank. Thus, the remaining amount is reduced. Funds are transferred by the Pension Fund after providing a certificate of ownership.
At the same time, the law obliges when purchasing a home under a mortgage to immediately issue a share of the apartment for children.
If such a loan is not repaid in a timely manner, then the bank has the right to judicially terminate the contract with the borrower. At the same time, family capital spent on a mortgage loan is not refundable. The judicial authority has the right to terminate the contract concluded between the bank and the borrower.
Additional maternity capital
In some regions of Russia, additional maternity capital is provided. In this subsection, we will find out what it is. How to draw up maternity capital for a second child and subsequent babies is additionally regulated by laws adopted by local authorities. Conditions and restrictions in various places may have additions.
For example, in the Kaliningrad region maternity capital is provided, which can be used to purchase a car. And many families are happy to use this opportunity. In the Ulyanovsk region an additional mat is provided. capital for the second, third and subsequent children.
The more babies, the higher the amount for each subsequent child. The largest payments of additional maternity capital in Russia are provided for in the Amur Region. Why do these features exist? Funds for additional maternity capital are allocated by the regional, regional, city, republican or regional budgets. Accordingly, these governing bodies have the right to make their own adjustments.
But in all cases, the place where to draw up maternity capital is additionally provided for in certain constituent entities of Russia - the Pension Fund branch. No other authority has such authority.
The decision to accept additional payments is made at the local level by the regional, city, regional, republican or regional authorities.
Maternity capital for citizens living outside the Russian Federation
Citizens who are residents of Russia, but temporarily residing outside their own country, also have the right to receive family capital, along with permanently residing in the territory of their state.How to draw up maternity capital in this case? The terms and conditions differ a little. To obtain a certificate, you must personally or through your representatives apply to the pension office at the place of registration in Russia. The deadline for applying for this document is not limited by law.
To find out how to register maternity capital for citizens of the Russian Federation permanently residing outside their country, having citizenship, but not having a permanent residence or stay in Russia, supported by registration, it is necessary to contact the Pension Fund.
This can be done either directly - in person or through representatives, or by sending the entire package of documents through the Consulate of the Russian Federation, located on the territory of the state of permanent residence. In this case, there is a slight nuance. The application attached to the documents must be notarized in the consulate department. Federal law prohibits spending money received outside the territory of Russia.
So, in this article we examined in detail where and how to issue maternity capital to citizens of the Russian Federation.