Is it possible for a father to receive maternity capital?

Is it possible for a father to receive maternity capital?

Father registers maternity capital at MFC

The law provides that the father can also receive family capital, but this requires compelling reasons, namely:

• the mother lost the right to receive a certificate due to deprivation of parental rights;
• the mother is disabled and cannot move independently;
• mother died or was declared missing;
• the woman committed a deliberate crime against children;
• the man is the sole adoptive parent of minors.

Important . If the mother is disabled and cannot move, but she is alive, then it is necessary to issue a general power of attorney. It is possible to call a notary at home to formalize everything in accordance with the requirements of the law. The cost of paper is about 2,000 rubles.

Thus, if the mother of the children cannot apply for maternity capital on her own , the father of the children or the adoptive parent can do this. But the usual desire due to a more lenient work schedule is not enough if you do not draw up a power of attorney. The mother gave birth to children, and in any case she will be included in the birth certificate. The father is not always indicated in it, so the woman is considered the main recipient of the money.

It is worth noting that deprivation of parental rights occurs only through the court . Until there is an appropriate decision in hand, the mother is obliged to fulfill her duties to the minors. Moreover, after the court decision comes into force, she is obliged to continue to support the children in accordance with the provisions of the Housing Code of the Russian Federation.

In what cases is the father entitled to receive maternity capital?

All situations in which the father has the right to maternity capital are provided for in Art. 3 of Law No. 256-FZ. Clause 3 of Part 1 of the said article states that the father receives such a right when he acts as the sole adoptive parent of a child, whom he becomes the second or, if the right to maternity capital has not previously been used, the third and further.

Part 3 of the same article lists cases when the right to maternity capital passes from mother to father:

• the mother is dead or declared dead;
• deprived of parental rights;
• has committed a crime against a child or children;
• The decision to adopt a child by a woman is canceled, and the husband remains the adoptive parent.

This is an exhaustive list; in other situations, it is impossible for the father to receive maternity capital.

Articles on the topic (click to view)

• Conditions for using maternity capital to repay a mortgage in 2020.
• Federal Law 256 on maternity capital and Federal Law on large families
• Federal law on the use of maternity capital: rules for use in 2020
• Federal Law on the protection of family, motherhood and childhood
• Requirements for housing purchased with maternity capital
• Validity period of maternity capital after its receipt
• Deadlines for registration and receipt of maternity capital

All cases when the father has the right to receive maternity capital are listed in Art. 3 of Law No. 256-FZ

Transfer maternity capital to the father - step-by-step instructions

The process of obtaining maternity capital is quite long. It is worth considering in more detail how everything happens.

Step 1. Consultation with a Pension Fund employee. Various branches of the Pension Fund may have their own sample applications and other documents. It is worth consulting in advance what you will need to provide. To do this, you can come for a consultation or call the hotline.

Filling out applications

Step 2. Collection of necessary documents. Their list will be given below. It is necessary to make copies of them in advance, since Pension Fund employees do not always agree to photocopy documents.

Collected documents

Step 3. Make an appointment with a specialist. If you go without an appointment, the ticket may not be enough. There are many people who want to register family capital, but there are not enough coupons. Registration is carried out through the State Services portal or the Pension Fund of Russia. But you need to understand that synchronization between two sites does not occur immediately, so sometimes two people are signed up for the same time. Pension Fund employees must accept both. It is also possible to submit documents to the MFC by making an appointment through the website of this organization.

Make an appointment

Step 4. Providing all necessary documents and filling out the application. It must be written in the presence of a Pension Fund employee.

Writing an application

Step 5. Wait for a response and receive a certificate after 30 days.

Certificate

After this, it is possible to manage budget money. You will need to collect documents again and provide them to employees of the Pension Fund or MFC. When applying through MFC employees, the response will be 5 days later , since the courier must deliver the papers to the pension fund employees.

You can find out in a special article whether it is possible to sell an apartment or house purchased with maternity capital.

Power of attorney for registration of maternity capital

Power of attorney to receive maternity capital

Sometimes parents themselves cannot contact Pension Fund to issue a certificate for maternity capital. Then you need to issue a power of attorney to a third party. It doesn’t matter whether it’s a relative or not. The power of attorney is certified by a notary, and the document itself must contain the following:

• Full name, date and place of birth of the parties;
• passport details;
• SNILS numbers (for Pension Fund);
• information that the principal provides the trusted person with the opportunity to act in his interests to register maternity capital;
• validity period of the document;
• signatures of the parties and the notary.

Important . It is recommended to call the Pension Fund branch to clarify whether there are special requirements for a power of attorney in a particular branch. When they are present, a sample is required.

How can a father (adoptive parent) receive family capital?

After the father has the right to family capital, he must submit an application with the required documents to the Pension Fund.

The application must contain:

• full name of the Pension Fund of Russia body where it is submitted;
• full passport details of the person who is applying for MK, as well as his status (father, mother or child);
• SNILS number;
• contact number;
• information about the legal representative and documents confirming his authority (if the parent uses the services of a representative);
• data relating to children, including the child in connection with whose birth the right to MC arose;
• information about the deprivation of parental rights, as well as the commission of a crime against the person against the child (if such situations occurred);
• the method of obtaining the certificate (in person, by mail, through the MFC, through the State portal), as well as its type (on paper or electronically).

This is important to know: Allocation of shares to children after repayment of the mortgage with maternal capital

Along with the application documents that:

1. Confirm the identity, place of residence (or actual residence) of the applicant.
2. Confirm the birth (adoption) of children, as well as their citizenship.
3. They confirm the death of the mother, the declaration of her death, the deprivation of parental rights, or the commission of a crime against their children.

Documents for obtaining maternity capital in 2020

Certificate for maternal capital

To obtain a certificate, the list of documents is standard and does not change. But it can be supplemented by information about the impossibility of receiving it by the mother and a power of attorney.

You can download a sample application for maternal capital.

Documents for obtaining a certificate for maternal capital

Important . There will be a different list of securities for managing money, which varies depending on the purposes for using budget money. They can be used immediately only to pay off mortgage debt, for a down payment when obtaining a housing loan, or for the rehabilitation of a disabled child.

You can download a sample application for the disposal of maternal capital.

Can a stepfather apply for regional and state maternity capital?

Maternity capital, in the presence of one of the grounds specified in the law, can only be received by a legal parent. This could be the natural father, a citizen who has recognized paternity. Also, this right is automatically acquired by the adoptive parent, who is endowed with all the rights of a father.

For reference!

Any questions regarding marriage: how a marriage contract, adoption, alimony and child benefits are drawn up, can be resolved by a qualified lawyer. You can get his advice on our website.

This is important to know: Maternity capital for a log house

What is the amount of maternity capital in 2020

Contacting the Pension Fund for money management

For several years, the size of maternity capital has been increasing, but indexation has been frozen for several years now. This is due to the difficult economic situation in the country. Therefore, the nominal value remains unchanged, but the real value decreases. Due to rising prices, the same money can buy fewer services or goods. It is worth considering in more detail how the size of maternity capital has changed.

Interesting information

Table 1. Indexation of maternity capital.

That is, in 2020 and in 2020 the size of maternity capital will remain unchanged. Considering that the economic situation is now changing rapidly, and it is difficult to predict, many people apply to manage public money immediately, without waiting for the child to turn three years old. That is, these citizens are buying new housing.

Where can you spend maternity capital in 2020?

Announcement about the opportunity to legally cash out maternity capital

Information on where budget money can be spent is indicated in Federal Law-256 . The data is periodically updated and supplemented. In March 2020, the use of money was tightened. Thus, it is no longer possible to repay debt to the IFC and MCC if the loan is not targeted. It is required to prove that the money received was used to improve living conditions.

Today, many people use this method of cashing out maternity capital. Thus, more than 70% of all criminal cases relate to the misuse of money. Prosecutor's office officials periodically review applicants' cases. If the fact of using money for other purposes is revealed, then criminal cases are initiated. But more details about punishments will be described below.

Here's what you can use maternity capital money for today:

What can you spend your maternity capital on?

There is no need to wait three years just to close a mortgage, buy a new property, or purchase funds for the rehabilitation of a disabled child.

Putin's monthly payments from maternity capital funds

Putin talks about the new benefit during a live broadcast

Today it is possible to receive maternity capital in cash. This is a presidential payment for low-income citizens. Families whose income per member is less than 1.5 subsistence minimums can apply for it. This benefit must be submitted to employees of the social benefits department. In this case, you can receive money for up to 18 months . That is, until the child is 1.5 years old or until the money in the maternity capital account runs out. The size of the payment varies in the regions, since the cost of living is different everywhere. Its average amount is 10.5 thousand rubles monthly.

To apply for such a benefit, you must provide the social benefits department employees with the following:

• ID cards of all family members;
• income information;
• application (filled out on site);
• certificate of family composition.

Important . If there are adult citizens in the family who do not work, then it is impossible to receive payments. An exception is if an adult is registered with the employment center. Then it is possible to receive money. You need to understand that these payments are not from the budget, but from maternity capital. That is, its amount decreases. If you make payments for all 18 months, you will spend almost 200,000 rubles.

Some people are wondering whether it is possible to receive a one-time payment of 25,000 rubles to the father from maternity capital. No, this payment is no longer valid. This was a measure of social support for the population during the economic crisis. But now the situation in the country has stabilized, so it is impossible to claim it. Let us remind you that previously money was issued as a lump sum as a measure of social support. Moreover, they could be used for any purpose without providing a report.

Can a father receive maternity capital in 2020?

Dear reader, if you are wondering whether fathers can receive maternity capital, then this article is for you. In it we will discuss who has the right to issue the corresponding type of payment, what are the features of its execution in 2020. And what about adoptive parents? Can they apply for such help? We will deal with these questions sequentially.

We are accustomed to the fact that it is the mother who can arrange the payment. And capital is called not parental, but maternal. Everything suggests that a woman should receive it. But can a father and children apply for payment? It turns out that it can, but in cases specified by law.

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On a note!

Help is assigned for the second offspring. For the third child, it is assigned to families who have not previously received assistance.

Denial of disposal of maternity capital: reasons

Refusal

Sometimes Pension Fund employees refuse to provide a maternal certificate to the father or other applicant. This happens when:

• lack of necessary documents;
• the family has previously received a certificate;
• absence of Russian citizenship of the father or children;
• there are errors in the application;
• detection of document forgery.

Each case is considered separately. If a refusal comes, it must be motivated. If the applicant thinks that the reason for the refusal is illegal, he goes to court or the prosecutor's office. After checking the documents, the issue of initiating a criminal case is decided due to the PFR employee exceeding his official powers. After the court makes a decision on the possibility of obtaining a certificate, you must again contact the MFC or the Pension Fund to obtain it.

Misuse of maternity capital: responsibility

The judge announces a verdict on the intended use of maternal capital funds

The law provides for liability for violation of the law in the field of obtaining maternity capital. The main article under which people are held accountable is Article 159 of the Criminal Code of the Russian Federation (fraud). It means:

• imprisonment up to 10 years;
• fine up to 120,000 rubles.

It will also be necessary to return maternity capital to the state. This requirement is legal and actively applied in practice. Therefore, you should not use semi-legal cash-out schemes. In approximately 90% of cases, this is detected and a criminal case is initiated. At the same time, the owner of the certificate, who contacted the Pension Fund of Russia to manage the money, and the owner of the company that participated in the criminal scheme are held accountable. But the latter is less likely to be involved, since everything is legally drawn up correctly and it looks as if the owner of the company did not know about the applicant’s intention to deceive the state.

Maternity capital for third child 2020

Certificate for regional maternity capital

The law provides for the receipt of maternity capital for the third child. This is regulated by regional legislation. Therefore, payments may vary significantly in different regions. However, there are various additional requirements for recipients.

Table 2. The size of regional maternity capital in different regions.

Important . Regions may refuse to provide money, replacing it with a plot of land and vice versa. This is provided for by internal laws. However, it is not a fact that the land plot will be within the city. It may be within a subject of the Russian Federation, which is often the subject of legal disputes. When the region is large, and a plot of land is provided at the other end, then the likelihood that the family will use it is minimal. Moreover, selling it will also be problematic.

It is necessary to approach the trial carefully, collecting the appropriate evidence base. It is worth using the services of a practicing lawyer. He will help assess the chances of a favorable outcome and will be ready to handle the case, representing the client’s interests in court. This is relevant given that the defendant is the municipality.

Maternity capital: question and answer

Consultation with a Pension Fund employee

There are several questions that concern many fathers before applying for a certificate for maternity capital. It is worth considering them in more detail.

1. Can a father apply for maternal capital? Yes maybe. This opportunity is available to adoptive parents, guardians and trustees identified by employees of the guardianship department. You can contact us at any time after the baby is born.
2. Can everything be done online? No you can not. It is required to provide original documents to employees of the Pension Fund or MFC.
3. Can they refuse to provide a certificate? If everything is done correctly and the required documents are presented, then there is no need to worry.
4. Is it possible to use the money immediately? If it is not against the law, then yes. It is necessary to understand that some disposal methods are available only three years after the birth of the second child.
5. Where to go to manage money. If you plan to use them not to receive monthly payments, then you need to contact employees of the Pension Fund or MFC. To apply for a presidential payment, you need to write an application to the department of benefits and social payments.
6. If there is no mother, is it possible to send money to the father’s future pension account? Yes, this is possible when the mother is dead or the father is the only adoptive parent.

Thus, the father of the children can receive a certificate for maternity capital. If the program is cancelled , the issued certificates will remain valid . This is stated in Federal Law-256 . That is, the money will be budgeted for them, and the family will be able to use it at any time convenient for them. But you need to understand that the size of maternity capital has not been indexed for several years. This means that the real value of money is gradually falling. Therefore, if there is an opportunity and need, it is better to use the funds now.

Legislation in the field of Federal Law 256 changes quite often, so you need to carefully monitor updates . This will allow you to make the most of your budget money. Thus, deputies of the State Duma of the Russian Federation are actively discussing expanding the possibilities for using matkapitla. For example, to buy a car. But now this is at the draft stage, since there are many controversial issues on which the people’s representatives cannot come to a common opinion.

The father’s right to maternity capital in controversial situations

In some situations, the provisions of Law No. 256-FZ cannot be interpreted unambiguously, and this raises questions. Let's consider each of them separately.

Children from different mothers

By default, maternity capital is awarded to the mother, and it takes into account how many children she has and whether she has received this subsidy for any of them before. If she received it, she no longer has the right to maternity capital, and in the situation provided for by law, there is nothing to transfer from her to her father. The law specifically states that stepsons and stepdaughters are not taken into account when determining the right to maternity capital.

If a father is raising a child from his first marriage, a second child is born in his new one, and this is the first child for his second wife, the woman does not have the right to maternity capital.

It is a different matter if the husband, after the death or deprivation of his wife’s parental rights, raises their common child and adopts her child from a previous marriage, acting as the sole adoptive parent. In this case, he has the right to maternity capital.

Foreign mom

In Art. 3 of Law No. 256-FZ stipulates that the mother has Russian citizenship as a mandatory condition. This means that if a mother does not have citizenship, she is not entitled to maternity capital, and her husband and children being Russian citizens will not save the situation.

But if the mother gives birth again, already being a Russian citizen according to her passport, she will be entitled to maternity capital without question.

Russian citizenship of the mother or father, if he is the sole adoptive parent, is a mandatory condition for receiving maternity capital

Another thing is the transfer of the right to maternity capital from mother to father in cases provided for by law. If the mother became entitled to this subsidy and then for any reason passed on to the father, he may be a foreigner or stateless person, and this will not be a hindrance. But when acting as the only adoptive parent, Russian citizenship is required to receive maternity capital.

After the divorce, the children stayed with their father

If the mother is not deprived of parental rights in relation to the child for whom maternity capital is allocated, the certificate remains with her. This is a targeted subsidy, which means, in accordance with Art. 34 of the Family Code of the Russian Federation, is not considered jointly acquired property and is not divided in case of divorce.

Maternity capital is allocated to a woman for bearing and giving birth to at least two children. Thus, she fulfilled her “debt to the homeland,” for which the subsidy is due.

However, the only option provided by law when a mother has the right to spend maternity capital not on children is to direct these funds to her funded pension.

If the mother is not deprived of parental rights, she remains responsible for participating in the upbringing of the children, including financially. So it is possible that maternity capital funds are used to pay for, for example, the education of one or all children. It doesn’t matter who has the certificate and who the children live with.

This is important to know: How to use maternity capital to buy an apartment without a mortgage on the secondary market

After a divorce, the mother retains the right to use maternity capital for the purchase, construction or reconstruction of housing. After the purchase, she is obliged to allocate shares in it to her children, but not to her ex-husband, because he is no longer a member of her family.

Capital is called not only maternal capital, but also - in parentheses - family capital. Why doesn’t the law provide that not only mothers, but also fathers can have two children? There are many fathers in Russia who, by court decision, live with their children and raise them on their own. But they have no right to maternity capital. I've had six calls about this in the last couple of months! There is another situation when the mother is a foreigner, and the father and children are Russians. At the same time, the family is also left without family capital, this is unfair.

Olga Alimova, deputy of the State Duma of the Russian Federation

https://iz.ru/news/53748