The process of assigning and conditions for receiving a pension are regulated by Federal Law No. 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation.”
General rules
The right to receive a pension in the event of the loss of a breadwinner are citizens who were dependent on the deceased (in our case, children), unemployed and disabled. Let's consider who has the right to demand financial assistance and when, as well as the basic rules relating to this issue.
Rules:
- Adopted children have equal rights with half-blooded children, including to receive social benefits for the loss of a breadwinner;
- a stepson/stepdaughter who is supported and raised by a stepmother/stepfather has equal rights with their own children;
- the amount of the pension does not depend on the amount of insurance coverage of the breadwinner, it is established regardless of the time and causes of death, with the exception of situations where death occurred as a result of intentional harm to one’s health or as a result of committing a criminally punishable intentional act (this fact must be recognized by the court and proven );
- Dependency of children whose parent has died does not require proof (with the exception of adults and children who received full legal capacity before the age of 18).
Important! The survivor's pension is assigned:
- if a citizen is declared dead;
- in the event of his death;
- in case of unknown absence (during the year there was no information about his place of residence, which was established by the court).
The conditions for calculating and the size of this pension depend on the category of persons the breadwinner belongs to:
- if the deceased is an insured person, his children are entitled to a labor pension for the loss of a breadwinner;
- if the deceased did not have insurance experience, died as a result of intentional harm to his health or as a result of committing a criminally punishable intentional act (this fact must be recognized by the court and proven), his child is entitled to a social pension.
Survivor's pension in 2021: amount of payments
Any disabled family member who was dependent on the breadwinner can be applicants for benefits in connection with the loss of a breadwinner. Only persons who committed an intentional criminal act that led to the death of the breadwinner, established by the court, are excluded.
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Who, where and how can apply for and receive a pension (benefits) for the loss of a breadwinner? Not many people know that even citizens without work experience have the right to state pensions. And in the event of premature death, the right to such a pension passes to the dependents. All issues related to the assignment and payment of pensions are regulated by Federal Law No. 173-FZ of December 17, 2001, to which various amendments and additions were subsequently made. In essence, a survivor's pension is his work pension. A person cannot bequeath it, but if after the death of a person there remain people who were in his support, then the state undertakes the obligation to pay his pension in the form of benefits. In addition, the basis for paying pensions to dependents may be recognition of a person as missing.
Labor pension
Who has the right to receive this form of financial assistance from the state:
- children under 18 years of age;
- children under 23 years of age who are full-time students in educational institutions (excluding post-secondary education institutions) until graduation;
- students over 18 years of age who become disabled before adulthood;
- children over 18 who are involved in the care, maintenance, and upbringing of sisters, brothers, grandchildren, and children of the deceased (under 14 years of age).
It is also recommended to read the article about what benefits exist for low-income families.
Categories of dependents:
- orphans;
- a disabled child who has lost one parent.
- The amount of such a pension is basic and fixed. It is established by the state and is constantly indexed and increased.
Are they entitled to a child if the mother and father were not married?
The law stipulates that parents are the breadwinners of children until they reach the age of 18. If they shirk this responsibility, they may be held accountable. If we turn to the Federal Law “On Labor Pensions”, Article 9, paragraph 4, it becomes clear that the dependency of the children of a deceased parent does not require additional evidence.
Thus, the fact that the parents are married is not at all necessary for assigning PPC to a child . If the mother and father were divorced or not divorced at all, then the child has all the rights and grounds to receive monthly assistance from the state in the form of PPC.
The decision to prescribe PPC for a relative is made on the basis of two most important criteria:
- The citizen is incapacitated - he has not reached the age of majority or is disabled.
- Until the death of a person, he was dependent on him in whole or in part.
The Federal Law “On Labor Pensions” in Article No. 9 states that persons who have not reached the age of majority are classified as incompetent , that is, they do not have their own means of subsistence and need outside help. If we talk about the amount of funds that will be paid to the child, it will be approximately equal to 8,725 rubles for 2021. At the same time, these payments are indexed and increased in accordance with the conditions provided by law.
Social pension
The following are entitled to receive it:
- Minor children who have lost one parent, as well as children under 23 years of age who are full-time students in educational institutions (excluding additional education institutions) until graduation, do not have the right to receive a labor pension. The amount of financial assistance in this case is 3,626.71 rubles per month.
- Disabled children - 8,704 rubles per month.
- Minor children who have lost both parents or a single mother, as well as children under 23 years of age who are full-time students in educational institutions (excluding additional education institutions) until graduation, who are not entitled to receive a labor pension. 7253.43 rubles per month.
Indexation of social pensions is carried out in accordance with the legally established procedure.
We have discussed what benefits children have for losing a breadwinner, now we need to talk about how to get them.
Detailed step-by-step instructions for registration
If a citizen has the right to receive state financial assistance due to the loss of a breadwinner, then it is worth noting that different categories of dependents will be assigned different amounts . Thus, the social pension is calculated in the amount of 3,626.71 rubles. But there are categories of people who can count on an increased level of AUC - these are 125, 150, 250%.
If we talk about 125%, then this amount of benefits is due to family members who cannot provide for themselves; 150% is for those who have lost their breadwinner due to injuries or injuries in the service that resulted in the death of the victim. For children who have lost both parents, they are entitled to PPC in the amount of 250% of the social pension.
If you need to apply for a pension, the algorithm of actions will look approximately as follows :
- The entire package of documents discussed above is collected.
- A statement is drawn up.
- Documents with the application are transferred to the Pension Fund using one of the methods described above.
- A decision is expected in 10 days.
- If the answer is positive, bank details are provided to receive the benefit. If the answer is negative, you can go to court.
For some categories of PPC recipients, it will be periodically necessary to provide documents indicating that the grounds for receiving a pension have not been lost. This applies to those citizens who study as a full-time student; if they switch to part-time study, the payment of PPC stops.
Applying for a pension
To receive the form of state financial support under consideration, it is necessary to contact the territorial office of the Pension Fund of the Russian Federation at the applicant’s place of residence. It is this organization that is responsible for the assignment, recalculation of amounts and payment of all types of pensions.
You can also submit an application by sending an electronic document via the Internet.
You can read about receiving child benefits here.
A pension is assigned from the day the application occurs, but not earlier than the moment the right to it arises. The date of application is considered to be the day the PFR body accepts the application along with all the required documents.
If the application and documents were sent by mail, the date of application will be considered the date marked on the postmark.
The survivor's pension will be assigned from the date of death of the child's parent, but you must apply to the Pension Fund no later than one year after the loss of the breadwinner. If the application occurs later, the pension will be calculated from the day 12 months preceding the date of filing the application and submitting documents.
If not all documents have been collected, then the applicant citizen is obliged to provide all the necessary information within three months. If this is done later, the day of applying for financial assistance will be considered the day the application was accepted.
Benefit for caring for a child under 14 years of age in case of loss of a breadwinner
- education in universities at the expense of budgetary funds;
- free medicines and medical care;
- housing from a specialized fund;
- unemployment benefits for 6 months from the date of graduation, but subject to registration with the Labor Exchange and job search;
- free legal assistance in case of violation of the rights of an orphan.
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That is, he does all the work that his relative cannot do due to illness or infirmity; Fulfills spiritual wishes - conducts conversations, listens, gives advice, etc. The size of the survivor's pension was indexed on 04/01/2018.
Required documents
In order to be granted a labor pension, you may need:
- documents confirming: family ties with the deceased, the average monthly income of the deceased, his insurance record, the fact of death, identity, citizenship, place of residence and age of the child;
- identification and authority of the minor’s representative;
- document confirming that the stepson/stepdaughter was/was dependent, raised, supported by the stepmother/stepfather;
- document confirming that the deceased was a single mother;
- confirmation that the pension recipient is a full-time student;
- or is busy caring for, maintaining, raising sisters, brothers, grandchildren, children of the deceased (under 14 years old), while not working himself;
- on declaring the breadwinner dead or missing.
This list is not final and requires clarification in each specific case.
An application can be made either by the minor himself, if he is already 14 years old, or by his legal representative.
What it is
For citizens who do not have social protection, the state can provide financial support. So, if a family has lost one of its older members, then those in it who cannot fully provide for themselves may be provided with a survivor's pension (SPP).
As part of the calculation of the PPC, citizens who apply for help are entitled to monthly transfers of funds. Their amount is assigned in accordance with the established framework of Federal Law No. 400 “On Insurance Pensions”.
Duration of transfer
Payments under the PPC are made within a specified period. If a minor applies for them, he can receive funds until he reaches adulthood.
However, if the heir decides to study until an older age, the period for calculating benefits may be increased. In this case, the money will come until the recipient turns 23 years old.
In the event of the death of one of the relatives, the question may arise: “Is a survivor’s pension entitled if the parents are divorced?” The answer to this can be obtained by studying legislative documents.
What other survivor benefits are there?
We examined in detail the features and procedure for obtaining state financial assistance in the form of pensions for children who have lost a parent/parents. Now let’s talk about what other benefits orphans and orphans are entitled to receive.
- They can enroll in specialty and bachelor's programs at public expense, subject to successful passing of entrance exams.
- They can use public transport services free of charge (for this you need to issue a special coupon).
- Free meals in educational institutions (two meals a day).
- Distribution of free textbooks in educational institutions.
- The right to visit cultural sites free of charge: museums, theaters and others.
- Children under three years of age are provided with free medications, prescriptions for which must be prescribed by a doctor.
- Children under two years old are provided with free dairy products from the dairy kitchen according to medical prescriptions.
In principle, this is where the list of benefits ends. In some cases, you can try to achieve some privileges in educational institutions: for example, get a discount on school lunch.
But receiving such benefits depends on the position of the management of a particular organization.
Full information about the provision of benefits can be obtained from the Social Security Office of your locality. The list of benefits in different regions depends on local regulations and laws, and therefore may differ from those adopted in the capital.
Benefits provided to persons who have lost their breadwinner
Dependents can be either family members, in particular children, of the deceased, or be under his care. In this case, there is no difference in the legislative framework. List of guarantees provided by the state:
- a person who is already receiving a pension has an increase of 15 thousand rubles;
- the possibility of free travel on public transport;
- Schoolchildren are provided with two meals a day in the school canteen and textbooks;
- preferential education in educational institutions, including higher education;
- discount on housing and communal services in the form of 50%;
- children under 3 years old eat in a special dairy kitchen for free;
- free entry to public cultural institutions, such as theaters, museums, exhibitions, cinemas;
- free treatment;
- preferential conditions for the purchase of medicines (children under 3 years old - free);
- dependents under 23 years of age receive compensation of 1,500 rubles.
Additional benefits may be regional programs that do not depend on federal legislation. For example, bonuses may be made to payments or secondary benefits may be given.
It is worth remembering that if a dependent gets a job and becomes capable, then all types of assistance and benefits will be canceled. At the same time, the spouse of the breadwinner in a new marriage does not lose payments if they were issued before the new marriage.
Types of survivor benefits
The concept of benefits is expressed in the state guarantee of assistance and provision for persons who have lost their breadwinner. There are several options for help:
- state pension. It is most often appointed during the civil service of the deceased, if the breadwinner was a conscript, died as a result of a radiation or man-made disaster, or the consequences of liquidation, or was a tester, or while on duty working as an astronaut or was a candidate for cosmonaut;
- The insurance pension is paid in all other cases, but its size will directly depend on whether the person was employed and whether he contributed a certain amount to a pension fund. If this was not the case, then the pension will be social;
- social guarantees. This includes various benefits and privileges for persons who have lost their breadwinners. This type includes free travel or free treatment. A complete list of such concessions has been developed at the federal level, but there are also special privileges from the entity in which the dependents and breadwinner lived.
A lot depends on what category the person who lost the breadwinner belongs to. For example, orphans or pensioners have additional guarantees depending on their social status. A list of all possible benefits, including regional ones, must be established individually at the social support service.
Who can apply for benefits
Several categories of citizens are considered applicants for state guarantees. Among them:
- any family member for whom the deceased’s income is the only source of funds;
- children of the deceased, including adopted ones;
- close relatives who are of retirement age. This could be parents or grandparents;
- a close relative is disabled.
Any dependent who has suffered the loss of a financial plan along with the death of the person who provided him can count on support from the state.
Important! In some cases, you will need to prove through the court your financial dependence on the deceased’s funds, as well as your inability to provide for yourself.
How to take advantage of benefits
To obtain guarantees from the state after the death of the person providing financially, several actions will be required. Order:
- all documentation confirming the need for social support is collected;
- information about the deceased is collected;
- there is an appeal to the Pension Fund of the Russian Federation at the place of residence;
- An application must be submitted along with a package of documents.
After contacting the Pension Fund or its territorial body, you will need to wait for a decision. The Pension Fund considers the application for a pension within 10 working days from the date of receipt of the application (clause 38 of the Rules, approved by Order of the Ministry of Labor of Russia No. 884n dated 17.2014, clause 13 of Administrative Regulation No. 16p).
You will also need to contact the regional social protection center for a complete list of benefits.
Methods of circulation
In order to apply for help from the Pension Fund, you can submit an application in several ways:
- By personally contacting the Pension Fund branch at your place of residence or registration.
- Through your personal account on the official website of the Pension Fund.
- Through the nearest branch of the Multifunctional Center.
- Through the Russian Post office.
Those citizens who do not have the right to stay on the territory of Russia can also apply to the capital’s Pension Fund.
The review process, if documents are submitted on time, takes 10 days. The verdict can be approved by the citizen or challenged legally.
