Death always comes suddenly. You can’t be ready for it, even if someone nearby was ill for several years in a row, and not a single doctor gave hope for healing. Moreover, in the economic conditions of our country, it is almost impossible to save up for a funeral. You need to know what a small mat. help with the death of a close relative can be provided by the state.
Legal grounds
In order to get some money from the state, you need to know the laws. At the federal level, there is a benefit that will be paid to absolutely all citizens. However, mat. assistance with the death of a close relative will be provided only to one applicant who will submit all documents for the deceased. This benefit is called "Social Payment for Burial" and is regulated by Federal Law No. 255 of December 2006.
Employer Obligations
In contrast to the previous benefits mat. help with the death of a close relative in the enterprise may not be paid. This is regulated by the position of the organization and is prescribed in the collective agreement or labor agreement. These conditions are spelled out in articles 217, 270 and 422 of the Tax Code. They say that the employer may accrue additional payments in the event of an employee having adverse circumstances, including the death of the employee or his close relatives.
Collection of documents
Where to begin? From the death certificate. The passport of the citizen and a copy, the application for the payment of social benefits and, if the deceased was working, an employment record book is attached to it. In order to prove his close relationship with the deceased, the petitioner must present a marriage or birth certificate, as well as adoption documents. The list of securities should include payment receipts confirming the expenses of the applicant for the burial of a close relative.
Where to go
Depending on what status the deceased had, the papers are submitted to different organizations. The pensioner grants the pensioner a benefit. For a former employee - the organization where he worked recently. However, the benefit can be paid by the company only if the reason for the dismissal was retirement. Other circumstances are not taken into account, therefore, material assistance is not paid. In other cases, you need to contact the social security authority.
Wisely write a statement
It is no secret to anyone that an incorrectly written paper can cross out any efforts. Therefore, a statement on the mat. help with the death of a close relative should be written under the supervision of lawyers or at least in a well-written form. On sites organized for legal assistance to citizens, such statements are many. They can be downloaded as a document or printed as a form.
How to search
Just enter the words “mat. help with the death of a close relative a sample application. ” Currently, almost all regulatory documents can be downloaded free of charge in a convenient format for correction. Legal assistance provided on the Web is the same as received directly from a lawyer. In addition, it is not customary to go to lawyers in our country, especially when there is mourning in the house. It remains only to translate the document in which they downloaded the sample fill on the mat. help with the death of a close relative, in the mode of change. Own data is entered. The application is accompanied by the above documents. They must also be indicated in the statement. Below is a sample application for mat. help with the death of a close relative.
To the general director of LLC "..." ...from the procurement manager ...
STATEMENT
Please provide me with financial assistance in connection with the death of a close relative - father ....
I enclose the application:
- certificate of family composition;
- death certificate ...;
- birth certificate;
- copy of passport (deceased);
- copy of passport (employee);
- receipts for funeral services.
June 20, 2017 / Rostov / A.P. Rostov
If the deceased close relative worked
After the death of an employee, the organization is obliged to give his relatives not only material assistance for burial, but also such payments as salaries for hours worked, as well as compensation for unused vacation.
Who are the "close relatives"
The proximity of kinship in Russian law is almost not spelled out. The Family Code of the Russian Federation states that blood relatives are considered close: spouses, mother, father, including non-relatives, but officially adopted the status of parents, grandparents, children and grandchildren. If there is an official adoption, then it is equivalent to consanguinity. In some cases, sisters and brothers, even stepbrothers, may be equated with close relatives. But in most cases, these are second-order relatives
Assistance to former employees
This is also possible if this is provided for by the local regulations of the organization. At the same time, it is not necessary at all that relatives will be able to get help for the deceased, since the decision is made by the leader. His sole decision is the basis for the payment of mat. help with the death of a close relative.
Benefit Taxes
Many are concerned about the question of whether the amount allocated for the burial of a relative is taxed. By law, mat. assistance with the death of a close relative of personal income tax is not taxable if the relationship is close. But since assistance can be obtained simultaneously in various instances, the amount in excess of the double amount of monthly earnings is taxed. That is, if the deceased or the recipient earned 15,000 rubles, and in the amount they helped him eighteen thousand, then 18,000 - 15,000 = 3,000. It is from these three thousand that exceed the norm that the tax will be charged.
If a relative who is not by definition close is dead, then the amount of four thousand rubles is not taxed. Anything that exceeds this amount is also considered taxable. Thus, when applying for financial assistance to all authorities, one should be careful not to have problems with the tax office afterwards.
Benefit Amounts
Mat size help with the death of a close relative is quite small when compared with the necessary burial costs. Officially, at the beginning of 2019, this figure is 5,700 rubles. In different regions, the amount may be slightly adjusted by local regulations. Depending on where the deceased worked, the allowance may amount to ten to fifteen thousand rubles or even more. It is impossible to predict in advance how much will be paid in a particular situation.
What may affect the size of the payment
As mentioned earlier, the head has the right to refuse to pay or reduce it, if the employee had previously received a burial allowance for another relative. Such a benefit is considered one-time, even if one person buries several relatives. Also, the amount can be significantly reduced if the employee received other benefits, for example, for the birth of a child. When calculating taxes, this mat. assistance can also be recorded and attributed to the total amount of benefits. And if the total benefit exceeds the maximum payments, tax is also taken from them.
In what terms can I get paid
You can start issuing a grant for material assistance for burial from the moment you receive a death certificate. Ten days after submitting the application, payments must be made.If for some reason it was not possible to apply for benefits immediately after the death of a relative, then this can be done within six months. If six months passed after the death of a loved one, and the allowance was not issued, then you can forget about him.
Vacation
If a close relative has died at a working person and has to leave for a few days at the time of burial, then he is given unpaid leave for the time needed to organize and conduct the funeral. Namely, for five working days. If an employee for some reason did not come to work after the time allotted by law, missed days are considered absenteeism. They can be a reason for dismissal if there are no documents officially confirming a good reason for absenteeism. For example, it could be a sick leave.
Who should collect documents?
As mentioned earlier, in our country it is not customary to have lawyers who can take the trouble in processing documents in any situation. In addition, the burial falls on the shoulders of those closest to us, who are very vulnerable psychologically during the funeral. However, it is they who will have to walk around the organizations as a supplicant, wading through the jungle of bureaucratic rules. Among other things, this will have to be done during working hours, since no one will provide a separate vacation for the collection and submission of documents. But since it is first of all necessary for the one who spent the funeral, this is inevitable. In this situation, one can only hope that the spirit of the applicant for financial assistance for the burial of a close relative will not be broken.