Legislation 2020 - changes and regulations
The basic conditions for obtaining family capital were enshrined in Federal Law N256. But the procedure and conditions for registering maternity capital in 2020 have undergone some changes. Let us remind you that on the initiative of the president, maternity capital is now issued for the first child. The amount will be 466,617 rubles.
Parents with 2 children will be offered 616,617 rubles. Families with 3 offspring will be able to receive targeted cash assistance, but also the right to repay part of the mortgage in the amount of 450,000 rubles.
It has already been proposed to extend the program of maternal support for young families until 2026, so citizens who are lucky enough to give birth to twins do not have to worry - they will be provided with maternity capital.
Maternity capital payments by year
Can a family count on receiving maternity capital for the birth of twins?
Unfortunately, MK for twins is issued once and in the same amount as established for families who gave birth to one child. In 2014, with twins, the family received maternity capital in the amount of 429.404 thousand rubles. In the new year, this amount will be indexed taking into account the correction factor and will amount to 453.026 thousand rubles. If a family has already managed to receive and spend MK, and then they have twins, they do not have a second right to a subsidy and the issuance of a certificate will be denied (clause 6 of article 5 of Federal Law No. 256).
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Moreover, we would venture to say that in the remaining two years before the completion of the MK program, parents of twins can be calm about their future: no one will deprive them of money. The President’s position on this issue is clear: in order to maintain the achieved results, the birth rate in the country must continue to be supported. Therefore, for at least another, and most likely two years, the program will operate under the same conditions.
Conditions for receiving maternity capital for twins in 2020
The procedure for obtaining financial assistance occurs as standard.
The requirements are as follows:
- children should have been born no earlier than 2007;
- both newborns must receive Russian citizenship;
- The applicants have legal rights to both children (they are parents or guardians).
The only difference is that it is necessary to indicate for which of the 2 children funds should be allocated.
Will maternity capital be paid if twins are born?
The purpose of the adopted law is to help families raising more than one child. This should also help increase the birth rate. So, at the birth of twins, the issuance of capital is absolutely real and legal.
The birth of children is considered a significant and joyful event in the lives of parents. When two babies are born at once, joy doubles, and state subsidies in the form of maternity capital turn out to be important.
Maternity capital for twins at first birth
Parents with 2 children at their first birth will be able to request the right to a certificate as soon as the children turn 3 years old. You can apply for registration at the nearest offices of the Pension Fund and the MFC, or on the portal of the State Services or the Pension Fund.
Procedure for obtaining a certificate for the birth of twins
In this case, no special conditions for issuance have been established; the procedure is the same as when registering family capital for a 2nd child.
First, citizens apply for a certificate confirming their right to maternal capital. Then, directly or indirectly, a request for the use of public funds is submitted to the Pension Fund. When the purpose and identity of the recipient is confirmed, the funds will be transferred to the specified account.
What documents are needed
In addition to a written application requesting maternity capital registration, the applicant must submit:
- passport and SNILS of the applicant;
- birth certificates of children;
- death certificate of one of the parents;
- court decision on adoption;
- certificate of registration or divorce;
- a document confirming the loss of rights to children by one of the parents.
Documents for download (free)
- Application for issuance of a state certificate for maternity capital
The list may be supplemented with other evidence necessary for the use of MK.
For example:
- contract of sale;
- certificate of enrollment in an educational institution;
- mortgage agreement, etc.
Papers can be submitted in paper or electronic form.
Instead of parents, official guardians who have registered their rights to children have the right to request financial assistance.
Upcoming changes in the Maternity Capital program in 2018
There was a proposal from the leadership of the Pension Fund to terminate the program due to the imbalance of the budget of this institution, but the president refused.
The extension of the program was justified by the fact that demographics have still not been regulated, despite the positive results of improvements (more than 6.5 million families over the entire period of the program). One way out of this situation is to continue government support for the population.
In 2020, children who were born in the 90s will increase the demographics, so they need to be supported. Now the funds provided by the financial assistance can be used for a down payment on a mortgage. Restrictions on the child’s age were also lifted, meaning the funds can be used until they turn 3 years old. According to calculations, further development of the program will require an additional 700 billion rubles.
Where can you spend funds?
Federal Law No. 218 regulates all purposes of using funds:
- purchasing housing (using funds to purchase or pay the first mortgage payment);
- payment for repair, reconstruction or construction of a residential property;
- contributing funds to the funded part of the mother’s pension;
- payment for education for children (both university and preschool) in accredited institutions;
- receiving monthly payments at the birth of the 2nd child, until he turns 3 years old.
Important! There are no legal schemes to legally “cash out” maternity capital. Funds are always transferred in cashless form, and only after the purpose of its use has been approved and confirmed.
What is maternity capital
As part of state support for families with children and in order to stimulate the birth rate in the country, current legislation has established a target payment associated with the birth of a second or subsequent child. This payment is maternity capital.
You can read about the amount of payment in 2020 in our material “Amount of maternity capital in 2020.”
Legislation establishes a limited range of areas for spending maternity capital funds. Maternity capital can be spent for the following purposes (Part 3, Article 7 of Federal Law dated December 29, 2006 No. 256-FZ “On additional measures of state support for families with children”, Article 2, 4 of Federal Law dated July 28, 2010 No. 241- Federal Law, “On amendments to certain legal acts”):
- improvement of housing conditions (including repayment of mortgages and loans);
- children's education;
- increase in the funded part of the pension;
- purchasing goods and services for the social adaptation of a disabled child;
- monthly cash payments;
- keeping a child in a nursery or kindergarten.
Grounds for refusal of extradition
When checking submitted papers, employees will look at the following points:
- whether citizens have previously applied to the Pension Fund or other authorities to obtain MK;
- whether the mother and/or father were deprived of rights to the newborns;
- whether the parents committed crimes against their children.
Another, less common reason for refusing to transfer funds concerns cases where parents have already spent all the funds provided.
Let us remind you that citizens have the right to spend maternity capital not on one of the purposes, but on several of them at once, but only if the required amount has not been spent previously.
Is maternity capital paid for twins during the second and subsequent births?
The legislation does not stipulate anywhere that citizens receive the right to financial assistance only after 2 births. Federal Law No. 256 clearly states that money is transferred only for the fact of the birth of a second child.
It is not necessary to spend money right away; it can be spent at any appropriate time. But having received the certificate once, funds are no longer allocated for the next birth. The exception is cases when parents did not have time to formalize the MK at the first birth, retaining the right to receive maternal support.
Regional payments for twins
A number of regions have their own surcharges aimed at supporting young families. In the case of parents with twins, they also receive the right to all assistance measures for families with 2 children.
Registration of a regional payment does not deprive the right to receive federal maternity capital.
Amounts of local support range from 30,000 to 300,000 rubles, depending on the subject of residence.
Eg:
- in the Tula region – 60,000 rubles;
- in the Murmansk region - 120,000 rubles;
- in the Nizhny Novgorod region - 70,000 rubles;
- in the Krasnodar Territory - 150,000 rubles.
- in the Ulyanovsk region - 50,000 rubles, etc.
In addition to the fact of the birth of twins, it will also be necessary to confirm the period of residence in the territory of the subject. The period can be from 3 to 10 years. Usually, it is also necessary to confirm the purpose of using the allocated funds, as well as to meet age restrictions (for example, one of the parents must be no older than 35 years to receive assistance).
You can find out about benefits and family assistance programs at local branches of the Pension Fund.
Special cases
There are situations when the conditions and procedure for issuing family capital changes.
Is it possible to receive maternity capital at the birth of triplets?
Even if parents were blessed with 3 children at once, they retain the right to maternity capital. Moreover, they are given the right to both payment and repayment of the mortgage in the amount of 450,000 rubles.
Is it possible to receive financial capital in the event of the death of a child?
Federal Law No. 256 does not stipulate that a newborn child (alive after birth) must remain alive at the time of registration of maternity capital. Therefore, the main supporting document for obtaining MK remains the child’s birth certificate. Additionally, you will need to provide a death certificate.
Important! Even if the Pension Fund refuses to allocate funds, parents have the right to challenge such a decision in court. The RF Supreme Court gave clear explanations about the right of citizens to MK in such cases.
But if the fetus was born without life, the medical institution where the birth took place prepares a certificate of perinatal death. The document is submitted to the registry office, but in this case the parents do not receive the right to maternity capital, since the child did not survive the birth.
A certificate is issued only if the newborn is not only born, but also lives for some time.
How is the mother's capital registered?
To obtain a certificate, in addition to the application to the local Pension Fund office, the following are provided:
- passport;
- children's birth certificates;
- a document indicating the Russian citizenship of the children.
In some situations, Pension Fund employees request certificates proving:
- death of the mother who gave birth to the child or who adopted him;
- the mother (parents) committing a crime against their children;
- declaring both parents dead;
- deprivation of parental rights of mother and father.
According to the legislation of the Russian Federation, a month is given to review the documents submitted to the Pension Fund.
The payment is not due to those who adopt stepsons or stepdaughters, because the main goal of state support is to increase the birth rate among young families in Russia.
When applying for a subsidy, Pension Fund employees take into account the following points:
- parents of twins born must be citizens of the Russian Federation;
- children must have Russian citizenship;
- The certificate is issued to children born between 2007 and 2020.
The mother of a newborn child does not always receive the certificate; exceptions often occur, for example:
- the only adoptive parent of the child is the father;
- the mother was deprived of parental rights or died;
- both parents have no rights to raise children or have died.
If any of the points coincide, the mother’s capital is received by the child upon reaching the age of 18.
If, when issuing a certificate, the father has every reason to receive it, then the mother’s capital is issued in his name.
If a month is given for consideration of the application, then the transfer takes up to 10 days. Previously, applicants had to wait about two months for the money to be transferred.
This year these deadlines have been reduced.
Infographic “Obtaining a certificate”