The birth of a child is an exciting and long-awaited moment; it brings a lot of joy, new cares and responsibilities. Do not forget about the official side of the birth of a new person. Firstly, it is necessary to immediately inform the state about the appearance of a new citizen, having received a document on the birth of a child in the registry office at the place of registration of the child. After that, newly-born parents can count on help in supporting the child from the state. It is important to know that any state assistance in Russia is provided at the request of citizens and accrued from the moment of appeal to state bodies. For the period in which payments were lost due to the fault of the applicant himself, compensation is not provided. For example, the admissible term for applying for childbirth allowance is 6 months. About the mechanism for processing this allowance and what is a certificate of non-receipt of benefits for childbirth will be discussed in the article.
Governmental support
The assistance consists in paying a lump-sum allowance for the birth of a child to one of the parents, and also, after the mother leaves the maternity leave, accrual of the allowance for the care of the child up to three years. The allowance for which one can live is paid only up to one and a half years, after this time financial assistance becomes much lower, so many mothers have to go to work. It does not matter which of the parents (if they are both officially employed) will draw up a lump-sum allowance for the birth of a child, its size is fixed and does not depend on wages. If only one of the parents works, then the benefit will be received by those who are employed.
Payments for child care can be received by both mom or dad, and any other relative who actually cares for the baby. About how to apply for a one-time allowance for the birth of a child, as well as about some specific situations related to the payment of this type of allowance to a father, is described below.
Who is eligible?
The circle of persons who are entitled to receive a lump-sum allowance for the birth of a child is prescribed in the Order of the Ministry of Health and Social Development No. 1012n of 23. 12. 2009. It includes:
- one of the employed parents;
- unemployed mothers;
- contract mothers who are certified officers of the police, customs, and fire service;
- foreign citizens insured in the compulsory medical insurance system;
- women who have adopted a baby.
If twins or triplets were born as a result of multiple pregnancy, then payment will be made for each of the children. The only condition is the vitality of the child, in the case of the death of the baby can not be claimed for payment, since its nature implies helping to provide the child with necessary things at the beginning of life.
Documents for registration
Clause 28 of Order No. 1012n fixes the list of documents that are attached to the application:
- copy of the birth certificate of the child;
- birth certificate that parents receive in a single copy when registering a child with the registry office, this certificate is valid for 6 months;
- certificate of non-receipt of benefits by the second parent from his place of work; a certificate of non-receipt of the childbirth allowance, if the father does not work, is issued by the social protection authority;
- if the parents are not employed, the applicant must provide an extract from the work book certified by the employment center;
- if the applicant is registered in another region, he provides a certificate stating that he did not receive this allowance at the place of permanent residence;
- extract from the adoption decision, if the adoptive parents claim payment;
- confirmation of the status of stay in the Russian Federation for foreign citizens;
- a divorce certificate and a certificate of residence of the child with one of the parents, if they are divorced.
Certificate of non-receipt of benefits
A certificate stating that the child’s father did not receive payments on the occasion of his birth can be requested from the employer’s personnel department or social security office if he is unemployed. The form and content of such a certificate is not regulated by law, but it must necessarily contain information:
- company stamp of the employer;
- registration sign (number and date);
- name - reference;
- FULL NAME. the applicant, information about the non-receipt of payment of the child’s birth with the details of the child and details of the birth certificate;
- Mandatory signature of the head and specialist who issued the document, seal of the organization.
If the marriage of the parents is dissolved, then the certificate does not need to be provided.
If the father of the child is an individual entrepreneur
Some difficulty is who should issue a certificate of non-receipt of the childbirth allowance if the father is an FE? Who can reliably confirm the fact that he did not receive this benefit himself, and the mother of the child did not follow him again? According to the law, he has the right to write such a certificate to himself, but there are precedents when the FSS authorities refused to pay payments when checking documents, referring to the fact that this information may be false and sending the child’s father to the social protection office for such a certificate.
To avoid such issues, it is better for an individual entrepreneur to directly contact the territorial branch of the FSS, where he will be given a certificate of non-receipt of payments for a child, whose reliability no one will doubt.
Arbitrage practice
The point in this dispute can only put the judicial practice. Thus, the Arbitration Court of the North Caucasus District, by its resolution No. A63-6232 / 2014 of 30. 04. 2015, recognized such claims as unlawful. The justification is simple: unemployed citizens take a certificate from social protection authorities, those who are employed provide a certificate of non-receipt of benefits from the employer. Requirements for the document are presented only in terms of the information about non-receipt of payments, its form has not been established, with a certificate of non-receipt of benefits for childbirth (with an example of completion) can be seen in the article.
An individual entrepreneur is not unemployed, his certificate is certified by signature and seal, and if a full package of documents is provided with this certificate, then the allowance must be assigned and paid. The FSS refusal in such a situation is absolutely unlawful and can be appealed in court.