You can issue maternity capital to the father. Maternity capital for the father: can dad get a state certificate. What can a father spend MK funds on

How can a father use maternity capital

01/16/2009 The government of the Russian Federation eliminated the misunderstanding, the essence of which was that maternity capital funds could not be used to pay off a mortgage loan if a spouse took it. Amendments were made to the "Rules for the allocation of funds from maternity (family) capital to improve housing conditions" .

From 01/24/2009, Russian families have the right to direct maternity capital funds to repay a mortgage loan if the loan agreement was drawn up for the husband. Until that moment, the branches of the Pension Fund of the Russian Federation refused to accept such statements as not complying with the norms of the law. In practice, however, a significant part of mortgage contracts is concluded for the husband, who, as a rule, has a higher income than his wife. And the latest changes in legislation are another confirmation of this.

In parallel with this, on January 21, 2009. new "Rules for filing an application for the disposal of funds (part of funds) of maternity (family) capital" were approved, which come into force on February 1, 2009. Thus, the existing misunderstanding was finally eliminated.

At the same time, part 4 of Art. 10 of the Federal Law “On Additional Measures of State Support for Families with Children” obliges housing purchased using maternity capital funds to be registered in the common ownership of spouses, children (including the first, second, third child and subsequent children) and other cohabitants them family members with the determination of the size of the shares by agreement. Therefore, when submitting documents in accordance with paragraphs. “e” of clause 13 of the “Rules for the allocation of maternity (family) capital funds for improving housing conditions” it will also be necessary to provide a notarized obligation to register the dwelling in common ownership within 6 months:

in the case of the acquisition (construction) of a dwelling using a mortgage credit (loan) - after the removal of the encumbrance from the dwelling;
in the case of individual housing construction - after the individual housing construction object is put into operation (in the absence of an encumbrance);
in other cases - after the transfer of maternity capital by the Pension Fund of the Russian Federation (in the absence of an encumbrance and when a housing construction facility is put into operation);

The list of documents for the use of maternity capital:

1) passport
2) certificate for maternity capital
3) loan agreement
4) a certificate from the bank on the amount of the balance of the debt on the loan
5) certificate of state registration of ownership of housing acquired using borrowed funds
6) a written obligation of the person in whose ownership the housing is registered, certified by a notary, to re-register it in common ownership

If a real estate transaction is concluded by a spouse, then the following documents will be additionally required:

1) a copy of the main document proving the identity of the spouse and his registration at the place of residence.
2) a copy of the marriage certificate.

When the father is eligible for maternity capital

1) If the father is the sole adopter of the second child and subsequent children

2) If the spouse who gave birth to a child, in connection with which she had the right to maternity capital: died, was declared dead by the court, deprived parental rights committed a crime against a person against a child.

Maternity capital is paid by the Pension Fund to families in which, since the beginning of 2007, a second or next (in order) child has appeared. However, this support measure has another name - family capital. It is more accurate, since under certain conditions, not only the mother of a born / adopted child, but also other persons are entitled to receive a “mother's” cash payment. Whether maternity capital is paid in 2019 to the father, our article will tell.

Maternity capital: can the father of the child get it

Despite the fact that the amount of maternity capital has not been indexed for almost five years (since 2015), this payment is a significant help for Russian families. Its size for today is 453,026 rubles.

A woman who is a parent or adoptive parent of a child has the preferential right to family capital. Other subjects, including the father, acquire it in the event of the loss of this right by the mother, her death or her absence.

In Art. 3 of the law on maternity capital No. 256-FZ of December 29, 2006, it is reported under what conditions maternity capital will be given to the father. This is possible under the following circumstances:

a man with Russian citizenship is the only adoptive parent minor, with the appearance in the family of which the right to mother capital arose;

the right to the cash payment passed to the father/adoptive parent from the mother (native or adoptive), who lost the right to it.

In the second option, the nationality of the father does not matter. Law No. 256-FZ lists the cases when he has the right to maternity capital:

the mother of the child died without having time to receive it (or was declared dead);

the mother has been deprived of parental rights by a court decision, or the adoption she has made has been canceled - in relation to the child whose birth (adoption) became the basis for receiving maternity capital;

the mother has committed a criminal offense against the personality of one of her children (not necessarily against the child for whom maternity capital is issued).

Whether the father has the right to maternity capital depends on the "order" of the child - he must be the second from the parents or subsequent. Matkapital is issued to the family only once. Therefore, if the mother has already received a payment for one of the children, the father will not have the right to it again.

When maternity capital is not paid to the father for the second child

The father loses the right to family capital under the same circumstances as the mother of the child. That is, in addition to death, it can be the deprivation of the father of parental rights (or the abolition of adoption by the court), as well as the commission of a criminal act against his own or adopted children. In such cases, the right to mother capital passes to a minor child. An adult child under such circumstances can also become a recipient of the payment, but only if he is a full-time student in one of the educational institutions (except for organizations of additional education) and has not reached the age of 23 years.

A man raising two or more children does not have the right to claim family capital if he is their stepfather, or if he was the stepfather of previous children, the presence of which was taken into account when the right to matkapital arose. For example, a man married a woman who already had a daughter from a previous marriage. If his wife dies during the birth of their joint child, the second in line in the family, the maternity capital for the husband (widower) will not be issued. He will only be entitled to the payment if he adopts his wife's first child. If her daughter will be his stepdaughter, the widower will not be able to receive the capital for the second child that appears in the family. He is considered the father of one child, and not "two or more", as required by law.

Maternity capital: the father's rights to dispose of the payment

The father has the right to spend the family capital for the same purposes as the mother of the child. All possible directions of non-cash funds of mother capital are listed in the 7th article federal law No. 256-FZ, namely:

on the education of children (or one of them);

for the acquisition / improvement of family housing (all children must become its co-owners);

for adaptation aids/services for children with disabilities;

for a monthly child allowance if the family has a low income;

on the device of babies in preschool institutions(if they need to be paid).

The procedure for applying for mother capital was approved by the Order of the Ministry of Health and Social Development of the Russian Federation of October 18, 2011 No. 1180n (as amended on November 20, 2018). If the father has the right to maternity capital, to obtain a certificate, the man applies to Pension Fund by submitting the following documents along with the application:

your passport;

metrics (birth certificates) for all children, documents confirming their Russian citizenship;

documents proving that the father has the right to claim maternity capital (for example, a death certificate of the child's mother or a court decision that deprived her of parental rights).

A certificate for maternity capital is issued to the father in electronic or paper form within 15 days.

The question often arises can a father get maternity capital, since the mother sits with the children and cannot go somewhere for a long time. This is especially true when a woman is breastfeeding a newborn. But this is not the only case when a husband needs to receive mother capital. It is worth considering in more detail the procedure for issuing it and the cases when a father or another person can apply for a certificate.

Is it possible for a father to receive maternity capital

Father draws up maternity capital at the MFC

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

• the mother has lost the right to receive a certificate due to the deprivation of parental rights;
• the mother is disabled and cannot move independently;
• the mother is dead or declared missing;
• a woman has committed an intentional crime against children;
• the man is the only adoptive parent of minors.

Important. If the mother is disabled and cannot move, but she is alive, then a general power of attorney must be issued. It is possible to call a notary home so that he draws up 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 their own, this can be done by the father of the children or the adopter. But the usual desire, due to a more benign 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 money.

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

Issue maternity capital to the father - step by step instructions

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

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

Filling out applications

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

Collected Documents

Step 3 Book an appointment with a specialist. If you go without an appointment, then the coupon may not be enough. There are many people who want to formalize family capital, but there are not enough coupons. Registration is carried out through the portal of the State Service or the Pension Fund of the Russian Federation. But you need to understand that synchronization between two sites does not occur immediately, so sometimes two people are recorded at the same time. The FIU staff must accept both. It is also possible to submit documents to the MFC by making an appointment through the website of this organization.

Appointment

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

Writing an application

Step 5 Waiting for a response and receiving a certificate in 30 days.

Certificate

After that, it is possible to dispose of budget money. You will need to collect documents again and provide them to the employees of the FIU or the MFC. Contacting through the employees of the MFC, the answer will be 5 days later, since the courier must deliver the papers to the employees of the pension fund.

Is it possible to sell an apartment or a house bought with maternity capital, you can find out in a special one.

Power of attorney for registration of maternity capital

Power of attorney to receive capital

Sometimes parents themselves can not contact the staff FIU to issue a certificate for maternity capital. Then you need to issue a power of attorney to a third party. It doesn't matter if 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;
• details of passports;
• SNILS numbers (for PFR);
• information that the principal provides the trusted person with the opportunity to act in his interests for the registration of materkapital;
• validity period of the document;
• signatures of the parties and the notary.

Documents for obtaining maternity capital in 2019

Certificate for mother capital

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

Documents for obtaining a certificate for matkapital

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

What is the amount of maternity capital in 2019

Applying to the FIU for managing money

For several years, the size of the mother's capital has increased, but indexation has been frozen for several years. This is due to the difficult economic situation in the country. That's why nominal the cost stays the same and real decreases. Due to price increases, the same amount of money can buy fewer services or goods. It is worth considering in more detail how the size of the capital capital has changed.

Interesting information

That is, in 2019 and 2020, the size of the mother's capital will remain unchanged. Given that economic situation now it is changing rapidly, and it is difficult to predict it, many apply for the disposal of public money immediately, without waiting for the child to be three years old. That is, these citizens buy new housing.

Where can you spend maternity capital in 2019

Announcement about the opportunity to legally cash out maternity capital

Information about where you can spend budget money is indicated in FZ-256. The data is periodically updated and supplemented. In March 2019, the use of money was tightened. So, it is no longer possible to repay debt in the IFC and MCC if the loan is not targeted. It is required to prove that the money received was used to improve housing conditions.

Today, many people use this method of cashing out maternity capital. Thus, over 70% All criminal cases relate precisely to the misuse of money. Prosecutors periodically check the applicants' files. If the fact of using money for other purposes is revealed, then criminal cases are initiated. But more about the punishments will be described below.

Here is what today it is possible to use the money of maternity capital:

What can you spend maternity capital on?

No need to wait three years only when closing a mortgage, buying a new property, or acquiring funds for the rehabilitation of a disabled child.

Putin's monthly payments from mother's capital

Putin during a live broadcast talks about the new allowance

Today it is possible to receive maternity capital in cash. This is a presidential payment for low-income citizens. Families where the income per member is less than 1.5 living wages can apply. This allowance is required from the employees of the department. social payments. At the same time, you can receive money up to 18 months. That is, until the child is 1.5 years old or until the end of the money in the mother's capital account. The amount of the payment is different in the regions, since living wage is different everywhere. Its average size is 10.5 thousand rubles monthly.

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

• identity cards of all family members;
• income information;
• application (filled in on the spot);
• information about the composition of the family.

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 money can be received. It is required to understand that these are payments not from the budget, but from the mother's capital. That is, its amount is reduced. If you make payments for all 18 months, then almost 200,000 rubles will be spent.

Some are wondering if you can get lump sum payment 25,000 rubles to the father from the capital. No, this payment is no longer valid. It 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. Recall that earlier the money was issued at a time as a measure of social support. At the same time, they could be used for any purpose without providing a report.

Refusal to dispose of maternity capital: reasons

Sometimes FIU employees refuse provide a maternity certificate to the father or other applicant. This happens when:

• lack of necessary documents;
• receiving a certificate by the family earlier;
• absence of Russian citizenship of the father or children;
• there are errors in the application;
• discovery of the fact of forgery of documents.

Each case is considered separately. If a refusal comes, then it must be motivated. If it seems to the applicant that the reason for the refusal is illegal, he applies to the court or the prosecutor's office. After checking the documents, the issue of initiating a criminal case is decided due to the excess of official powers by an employee of the PFR. After the court makes a decision on the possibility of obtaining a certificate, it is necessary apply again at the MFC or at the FIU for its registration.

Misuse of maternity capital: responsibility

The judge announces the verdict on the targeted use of the mother capital funds

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

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

You will also need to return the mother's capital to the state. This requirement is legal and actively enforced in practice. Therefore, do not use semi-legal schemes for cashing out money. Approximately at 90% cases, this is detected and a criminal case is initiated. At the same time, the owner of the certificate, who applied to the FIU to dispose of money, and the owner of the company that participated in the criminal scheme, are brought to justice. But the latter is less likely to be attracted, since legally everything is 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 the third child 2019

Certificate for regional capital

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

Table 2. Size of regional maternity capital in different regions.

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

Litigation must be approached with caution, gathering 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 conduct the case, representing the interests of the client in court. This is relevant, given that the respondent is the municipality.

Maternity capital: question-answer

Consultation with an employee of the FIU

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

1. Can a father apply for maternity capital? Yes maybe. This option is available to adoptive parents, guardians and trustees established by the staff of the department of guardianship. You can apply at any time after the birth of the baby.
2. Can everything be done online? No you can not. It is required to provide the original documents to the employees of the FIU or the MFC.
3. Can they refuse to issue a certificate? If everything is done correctly and the required documents are presented, then you should not worry.
4. Is it possible to immediately manage the money. If it's not against the law, then yes. It must be understood that some methods of disposal 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 the employees of the FIU or the MFC. To apply for a presidential payment, you need to write an application in the department of benefits and social payments.
6. If there is no mother, is it possible to send money to the account future pension father? Yes, this is possible when the mother is dead or the father is the only adoptive parent.

Thus, the father of children can receive a certificate for maternity capital. If the program cancel, then the issued certificates will remain relevant. This is spelled out in FZ-256. That is, the money will be budgeted for them, and the family will be able to dispose of it at any time convenient for them. But we must understand that for several years the size of the mother's capital has not been indexed. This means that the real value of money is gradually falling. Therefore, if there is an opportunity and a need, it is better to use the funds now.

Legislation in the field of FZ-256 changes quite often, therefore should be closely monitored for updates.. This will allow you to use the budget money as efficiently as possible. Thus, the deputies of the State Duma of the Russian Federation are actively discussing the expansion of opportunities for the use of matcapitl. For example, to buy a car. But now it is at the stage of the bill, as there are many contentious issues on which the deputies cannot come to a common opinion.

Maternity capital is a benefit allocated from the federal budget to families who have given birth to a second, third or subsequent child. The mother receives the payment by law, but in some life situations The role of the mother in the family is taken by the father.

According to the latest amendments made to the legislation of our country, it can be received by the father.

But at first, the fathers, who legally tried to obtain maternity capital, were forced to apply to the courts to prove their case.

A man has the right to receive a certificate for maternity capital once in two cases:

• If he is the sole adopter of the second and subsequent children, provided that maternity capital has not been received before. The man must have Russian citizenship.
• If the right to maternity capital has passed from the mother, who for objective reasons cannot exercise it (for example, in connection with the abolition of parental rights or adoption). In this case, the nationality of the man does not matter.

Separately, within the framework of the second case, a rather rare situation should be singled out, when the right to receive maternity capital from the mother arises as a result of the adoption of the first child. In case of cancellation of this adoption, the mother loses the right to maternity capital for subsequent children. If the father is also the adoptive parent of the first child, then while maintaining the adoption, the right to maternity capital passes to him.

In two cases, a man cannot apply for maternity capital:

• If in relation to the child, the order of which was taken into account when issuing a certificate for maternity capital, he is the stepfather.
• If the mother of the children is not a citizen of the Russian Federation.

It should be noted that the right to receive maternity capital is not related to the age of the first child. Even if he is already an adult, maternity capital for the second child will be laid.

What documents are required

A certificate for maternity capital is issued at the territorial office of the Pension Fund or through a multifunctional center public services.

An eligible man must submit the following documents:

• Identification passport.
• Certificate of pension insurance.
• Children's birth certificates or adoption court decisions.

If the right to a certificate was transferred to the father of the family from the mother, then additional supporting documents must be submitted:

• A court decision to deprive the mother of parental rights or to cancel the adoption, a woman's death certificate.

What can a father spend maternity capital on?

Maternity capital can be spent by fathers in one or two directions at the same time:

• Improvement of living conditions.
• Education of the child (children).

Maternity capital can be spent for the specified purposes in parts or in whole, simultaneously or with a break.

By general rule the father can use the maternity capital only three years after the birth (adoption) of the child with whom the certificate was issued. With the exception of cases of directing capital to repay a loan and interest on it, taken for the purchase or construction of housing, which can be carried out without waiting for the end of the three-year period.

Men, unlike women, cannot spend maternity capital to increase the funded part of their pension.

A father can receive maternity capital in the event that the mother of the children is deprived of this right or the second parent is absent for objective reasons. This will require several conditions to be met.

Conditions for receiving capital by the father

The primary right to receive a certificate of family capital is the mother of children. It is from a woman that an application is accepted in the Pension Fund for the execution of a document. At the same time, the father of the family is allocated a share in the housing purchased with these funds. But a man, unlike his mother, cannot count on an increase in pensions. This is due to the fact that many fathers, although they are such according to the documents, do not take part in the upbringing of children. In case of divorce, in 90% of cases, the heirs remain with their mother, so a certificate is issued for her.

But under certain circumstances, the father has the right to issue capital in his name. These include the following situations:

1. the mother is declared dead or missing;
2. the mother is deprived of parental rights;
3. mother is in prison;
4. the man is a single father, an adoptive parent of orphans.

If the mother of the kids is absent for various reasons, and the only guardian is the father, then it is he who draws up the capital. This right is determined by Article 3.

But in some cases, the issuance of a certificate will be refused:

1. if a man is the stepfather of at least one of the kids;
2. if the mother died, and the children were officially recognized as orphans;
3. if the mother is not a citizen of the Russian Federation.

Special cases

Each case of issuing materiel to a man is considered individually. Arbitrage practice shows that many fathers win even difficult cases in which all the required conditions are not met.

For example, a woman has been declared incompetent, is in a coma, or is undergoing treatment for drug addiction, mental illness. In fact, children have an official mother, but for objective reasons she cannot take part in the lives of children. And the refusal to issue the capital is the reason for the infringement of the rights of the child, who has the right to housing. But when applying to the Pension Fund, a man is likely to be denied a document. In this case, it remains to go to court. And the decision of the court is likely to be positive.

The second common reason for going to court is the foreign citizenship of the mother. In this case, she cannot claim capital. If a woman is deprived of parental rights, then the father can prove his right to a certificate through the court. The main condition is that the man is the official parent of his heirs.

Previously, the capital was only maternal. But numerous legal proceedings with the head of the family forced the government to revise the rules for issuing a certificate. He began to be called "family", and fathers can get it. They cannot refuse even if a man brings up two or more children from different wives. If the mother does not have the opportunity or the right to raise babies, the right to help from the state passes to the pope.

What documents are required

In order for the father to receive maternity capital, it is necessary to prepare a package of documents:

• statement;
• passport;
• SNILS;
• birth certificates of children;
• a document confirming the absence of parental rights from the mother (this may be a death certificate, a court order on the deprivation of parental rights, a certificate of criminal record, etc.).

What can a father spend maternity capital on?

The father, as the recipient of family capital, has less choice in the use of the funds provided. A man can spend money for two purposes:

1. buying a home (mortgage or cash);
2. children's education.

Moreover, a man can use funds in two directions at once. For example, part of the funds to pay as a down payment on a mortgage, and the rest to spend on the education of the child.

A woman has more rights - she can direct the entire amount to increase her own pension.

If the mother of the family is not deprived of rights and is alive, then she common grounds a share is allocated when buying an apartment.

If cash were spent by the father without the consent of the mother, she can go to court. For example, if she was in prison. But since a father with maternity capital has the right only to purchase housing or pay for the education of children, then such a case is obviously a losing one. Exceptions are cases of forgery of documents, when a woman at the time of issuing capital was in good health and was not deprived of parental rights.

What to do if the father is denied a certificate?

If the conditions listed above are met, but the Pension Fund refuses to issue a certificate to the father of the family, then you should go to court. As already mentioned, such issues are resolved almost always in favor of the plaintiff.

You must always defend your rights, seek justice through the courts. Of course, if the main condition is met: the mother really does not have legal grounds for receiving capital.

Receiving family capital in the absence of both parents

If the children do not have both biological parents, then the right to receive a certificate remains with the official adoptive parents. They will need to apply to the Pension Fund and receive capital on a general basis.

After the age of majority, children themselves can receive a certificate if it has not been previously issued. After the death of the parents or deprivation of parental rights, the heirs themselves dispose of the funds of the capital. In this case, you will need to provide an extended package of documents confirming the absence of official representatives.

So, the father can receive the family capital instead of the mother. This right arises on the condition that the woman is no longer legally the parent of children or is declared dead or missing. And the Pension Fund has no right to refuse to issue a certificate to a man.