The death of loved ones is always associated with experiences, bitterness and life changes. Especially acute is the situation when the breadwinner in the family dies. Then the question arises of further maintenance, because the only source of income is now absent. In such situations, you have to put the experience in the background, thinking about the legal side of the issue. Let’s figure out how to get a survivor benefit. 
Legal aspect
The legislation of the Russian Federation provides for social benefits for the loss of a breadwinner. The norms established that family members who are not able to work and are considered to be dependents of the deceased can use compensation. There is one exception to this provision. The benefit of the loss of a breadwinner is not paid to those persons who committed a criminal punishable intentional act proved in court, which resulted in the death of a loved one. It should be said that such norms are valid not only in the Russian Federation. In some neighboring states, survivor benefits are similarly assigned. Kazakhstan, in particular, is one of them.
Subjects of law
As mentioned above, any family members who are recognized as incapable of work can count on the survivor benefit. The following persons fall into this category:
- Sisters, children, brothers, grandchildren of the deceased, if they are under 18 years old. They also include dependents who, at the time of the death of a loved one, are studying full-time in any type of educational institution, even if it is located in another country. Additional facilities are excluded. education. These survivors benefit will be accrued up to 23 years.
- Children, sisters, grandchildren, brothers of the deceased who have reached the age of majority, if a disability group is established for them under the age of 18. At the same time, regarding the last three subjects, their disability is recognized in connection with that of the parents.
- Father / mother, grandfather / grandmother, husband / wife of the deceased, regardless of age and disability, as well as a child, sister / brother who have reached 18 years of age, if they are caring for minor (under 14 years old) grandchildren, sisters, children brothers of the deceased who are entitled to compensation and do not work. In this case, a pension is accrued regardless of whether relatives are considered dependents, with the exception of the criminal case mentioned above.
- 60 and 55-year-old parents and spouses of the deceased, grandparents, if they have a disability and there are no persons containing them.
Adopted
This category should be considered separately. Compensation is due to the adoptive parents of the deceased, as well as the parents. Child benefit for the loss of the breadwinner is assigned in a similar way. Minor children, even if adopted, retain the right to compensation. For the stepmother and stepfather, a labor pension is provided for both mother and father, if they bring up and support the adopted one for five years, at least. The stepdaughter and stepson have the same right to benefit from the loss of the breadwinner as their own son and daughter, if the deceased adoptive parents were recognized as their custodians under domestic law.
Basic conditions for accrual
The survivor benefit is assigned in accordance with the rules. In particular, it can be counted on if the deceased has an insurance experience (at least 1 day) and his death is not related to the commission of a criminal offense by a dependent dependent. The latter must be proved by authorized bodies.
Death of a soldier
Work in the internal and emergency rescue federal bodies carries a high risk to health and life.Often, during the performance of official duties, a person dies or receives such injuries as a result of which he not only loses his ability to work, but also dies after a while. The state policy is aimed at supporting and social protection of families in which a military serviceman or an employee of the department acts as the breadwinner, legally equated to the military. One of the ways of additional support is a pension, which is assigned when it is killed. 
Categories of employees
According to the Decree of the President, a monthly pension is established for the children of employees who died in the course of their duties or are missing, as well as belonging to a number of executive bodies. The list includes both urgent and contract service. Employee children can count on payments:
- ATS, Ministry of Internal Affairs of the Russian Federation.
- Fire service.
- Criminal executive bodies and institutions.
- Psychotropic / Narcotic Drugs Control Services.
- Federal Tax Police Units.
The right to receive monthly compensation is the right of children of persons who died due to work injury after dismissal.
Forms and conditions of provision
The appointment of a monthly survivor's pension is carried out in accordance with the procedure established by Government Decision No. 481 of June 30, 2010. According to the rules, children of military personnel, as well as equivalent employees, can count on compensation if:
- The parent died (declared missing or declared dead) in the course of fulfilling his duties.
- The breadwinner died due to military trauma in the period after he quit.
Age restrictions of legal entities
The law provides for monthly compensation in the presence of the above circumstances. However, the norms set some age restrictions. In particular, children can receive a pension:
- Until adulthood, regardless of cases of recognition of their full legal capacity under the norms of Art. 21, paragraph 2 and Art. 27, paragraph 1 of the Civil Code.
- Until the age of 23, if children study full-time at an educational institution.
- Regardless of age, if up to 18 years of age the child has a disability group.
Until the age of majority of children with the right to retirement, compensation shall be paid to their legal representatives: guardians / curators, adoptive parents or second parent.
Submission Forms
A monthly allowance can be assigned in two ways:
- As a state social security. In this case, compensation is assigned by social security authorities at the place of residence, if the payment is made by the FIU in accordance with the norms of the Federal Law No. 166.
- In the form of providing the Ministry of Defense and other federal departments (Federal Drug Control Service, Federal Penitentiary Service, Federal Security Service, Internal Affairs Directorate, Ministry of Internal Affairs) at the place of receipt of pension under Federal Law No. 4468-1.
What is the survivor benefit established in the Russian Federation?
According to the Presidential Decree, the initial amount of compensation for the children of military personnel, employees of the police department and emergency rescue services of federal significance is set at 1,500 rubles. Federal Law No. 128 fixed the norm of annual indexation of pensions by the indicator of the expected level of inflation in the period stipulated by the law on the budget for the coming fiscal year. In this regard, in 2015, based on the next recalculation, a allowance was established in the amount of 1978.97 p.
Pension term
The allowance for children for the loss of the breadwinner is assigned by the authorized body from the next month, from the moment of:
- Death of a serviceman (an employee equated to a military man) during the performance of an assignment.
- Announcement by the court of the dead or missing.
- Death due to military injury after his dismissal.
When a child is born after an incident, monthly compensation is paid from the month he was born. 
Termination of accrual
Payments cease to be made from a month:
- Coming of age.
- Completion of training in an educational institution on a full-time basis or attaining 23 years of age while continuing to study.
- The annulment of the court decision recognizing the parent as missing or dead.
Survivor benefit: documents
Assignment of monthly compensation to the applicant (the representative of the minor or himself after reaching the age of 18) should be submitted to the authorized social protection body or at the place of compensation in the pension units of the Ministry of Defense and other federal departments. It should indicate the details of the account at the Sberbank branch and your address. Attached to the application:
- Passport or other identity document.
- Sv-in about the birth of children.
- The certificate of death of the breadwinner.
- Papers that confirm the basis for calculating compensation.
The latter include:
- The conclusion, which certifies the death of the parent (recognition as missing) in the performance of official duty.
- A certificate from the federal institution of medical and social examination regarding the cause of the death of the parent with the obligatory mark “service (military) injury”.
- The conclusion of the medical (military) commission, in accordance with which a connection was established between the injury or illness that led to the death of the parent with his official injury.
- For full-time students - a certificate from an educational institution. When he reaches 18 years of age, paper is presented annually.
- For children with disabilities over 18 years of age - an ITU certificate confirming the fact of the presence of a disability group.
- Legal representatives of minors if necessary, children must present a copy of the decision of the authorized body on their appointment as trustees / guardians.
Terms of consideration
The decision on the appointment of compensation is made within 10 days (of workers) from the date of application. The indicated period may be extended if necessary to additionally check the submitted papers. In this case, a notification must be sent to the applicant about the reasons and the estimated date of the final decision.
