Can a guardian receive maternity capital and how to apply for it?

Maternity capital is designed to stimulate the growth of the birth rate in Russia. Therefore, its program of action is extended every year.

Its funds should help families improve their living conditions, which automatically improves the situation of children.

However, the state has established very strict rules for the disposal of these funds. The possibilities for spending these funds are discussed in detail. Moreover, liability for fraudulent actions with capital funds has also been established. Therefore, you should strictly follow the laws and not abuse your rights.

The state has also created a system of control over how maternity capital is spent. Guardianship authorities are part of this system. The payment of funds is carried out by the Pension Fund, and control over spending is carried out by the guardianship authorities. Accordingly, the question arises: can a guardian receive maternity capital?

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Who can get it?

The grounds for payment, the transfer procedure and other issues related to maternity capital funds are defined in detail in the relevant law “On additional measures of state support.” This regulatory act contains an exhaustive list of legal provisions. Related norms are also included in the Family Code of Russia.

To understand whether the maternal captain is entitled to guardians, you need to consider all categories of persons entitled to this:

The standard situation is for the child’s natural parents to receive the certificate. In this case, this must be the second or subsequent children. In this case, you need to register the fact of birth and contact the Pension Fund for the issuance of a certificate and the disposal of its funds. At the same time, after spending the funds, parents are required to report on this by submitting the relevant documents to the Pension Fund. The involvement of the Pension Fund is justified, since it is the manager of capital funds;
adoptive parents. A family relationship arises between them and the child, which in all respects is equal to the relationship between natural children and parents. They have such a right if the adopted child becomes the second in the family, and the family has not previously received capital funds;
guardians may receive the certificate and dispose of its funds. But in this case, control will be exercised by the guardianship authorities. After all, capital funds are not intended for guardians or the family as a whole, but for the child. These are his individual funds, which can be spent only in his interests. That is, the guardian will not be able to resolve his issues, increase the living space, and so on. Everything purchased with the funds from the certificate will belong to the person under guardianship.

The listed categories have the right to use capital funds. And this list is exhaustive. No one else has this right.

1. What is the minimum share for each minor child that should be specified in the purchase and sale agreement for an apartment when selling it as shared ownership, in order to direct maternity capital to repay the principal debt and pay interest on the loan received to purchase the apartment? 2. What regulatory act regulates and establishes this share? 3. Is it necessary to coordinate this share with the guardianship authorities? Conditions: an apartment is purchased as shared ownership from the company. The purchase and sale agreement indicates, by agreement of the parties, the shares: wife 97/100, husband 1/100, child 1 - 1/100, child 2 - 1/100. The apartment has a total area of 104.6 m2 and a living area of 61.6 m2. Down payment for an apartment in the amount of 400 thousand rubles. already paid earlier with funds from an interest-bearing loan received from the same enterprise. Alexey, Moscow

Answer:

Maternity capital and size of shares by agreement

According to Part 4 of Article 10 of the Federal Law of December 29, 2006 N 256-FZ “On additional measures of state support for families with children,” residential premises acquired (built, reconstructed) using funds (part of the funds) of maternal (family) capital, is registered in the common ownership of parents, children (including the first, second, third child and subsequent children) with the size of shares determined by agreement.

To begin with, we note that in this article we are talking about registering residential premises as common shared ownership (where the shares of the participants are always precisely defined), and not as common joint property (without defining the shares).

Federal Law No. 256-FZ does not contain legal norms establishing the minimum or maximum possible size of the share of parents or children. At the same time, it is indicated that if residential premises are purchased using maternity capital funds, then the size of the share is determined by agreement. With adult family members, everything is clear - they can agree, establish any share size in the agreement, for example, one - 98/100 of the share, two others - 1/100 of the share. It is somewhat more difficult, at first glance, with minors.

Maternity capital and guardianship authorities

In accordance with Part 1 of Art. 28 of the Civil Code of the Russian Federation for minors under fourteen years of age (minors), transactions, with the exception of those specified in paragraph 2 of this article, can be made on their behalf only by their parents, adoptive parents or guardians. The rules provided for in paragraphs 2 and 3 of Article 37 of this Code apply to transactions of legal representatives of a minor with his property.

By virtue of clause 2 of Art. 37 of the Civil Code of the Russian Federation, the guardian does not have the right, without the prior consent of the guardianship and trusteeship body, to carry out, and the trustee to give consent to carry out, transactions involving the alienation, including the exchange or donation of the ward’s property, leasing it out for free use or as a pledge, transactions involving renunciation of rights belonging to the ward, division of his property or allocation of shares from it, as well as any other transactions entailing a decrease in the property of the ward.

A contract for the purchase and sale of residential premises concluded by the purchasing parents (one of the parents) is not a transaction for the alienation of the property of a minor. If a minor is indicated in the contract as one of the buyers, then the parents’ agreement to determine his share, for example in the amount of 1/100, also cannot be regarded as a violation of his rights. The renunciation of the rights belonging to the child in this case, within the meaning of Article 37 of the Civil Code of the Russian Federation, does not occur for the following reasons.

Article 3 of the Federal Law of December 29, 2006 N 256-FZ “On additional measures of state support for families with children” (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 22, 2006) states the following.

“the right to additional measures of state support arises upon the birth (adoption) of a child (children) having citizenship of the Russian Federation for the following citizens of the Russian Federation, regardless of their place of residence:

1) women who gave birth (adopted) a second child starting from January 1, 2007;

2) women who gave birth (adopted) a third child or subsequent children starting from January 1, 2007, if they had not previously exercised the right to additional measures of state support;

3) men who are the sole adoptive parents of a second, third child or subsequent children who have not previously exercised the right to additional measures of state support, if the court decision on adoption entered into legal force starting from January 1, 2007.

From the above article of Law N 256-FZ it follows that the right to receive maternity capital arises for women who have given birth to a second child and for men who are adoptive parents of a second child. The child himself is not named among the persons entitled to receive maternity capital funds. Thus, these funds do not belong to the child within the meaning of the law.

According to Art. 60 of the Family Code of the Russian Federation, a child does not have the right of ownership of the parents’ property, and parents do not have the right of ownership of the child’s property.

Based on the foregoing, the child’s parents, in our opinion, have the right to determine shares in the right to the acquired residential premises using maternal capital funds and without the participation (consent) of the guardianship and trusteeship authorities, because there is neither alienation of property belonging to the child, nor waiver of the rights belonging to the child As a result, the transaction does not occur.

Moreover, in the example given (in the question) there was no need to indicate the child as a party to the purchase and sale agreement. In our opinion, this may in the future complicate the procedure for the alienation of acquired residential premises, the owner of a share in which will already be a child, which means - see the above paragraph 2 of Art. 37 Civil Code of the Russian Federation.

Maternity capital and written obligation to register residential premises as common property

If there is only one family member on the buyer’s side, then along with other documents the Pension Fund is presented with an obligation to formalize ownership rights for other family members (spouse, children) in the future.

As stated in paragraph 8 of the Decree of the Government of the Russian Federation dated December 12, 2007 N 862 “On the Rules for allocating funds (part of the funds) of maternal (family) capital to improve housing conditions” in the case of sending funds (part of the funds) of maternal (family) capital to pay for the purchased residential premises, the person who received the certificate, along with the documents specified in paragraph 6 of these Rules, presents: if the residential premises are not registered in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) or state registration of ownership of residential premises has not been carried out - a written obligation of the person (persons) who is the buyer under the purchase and sale agreement of residential premises (purchase and sale agreement of residential premises with installment plan) certified in the manner established by the legislation of the Russian Federation using funds (part of the funds) of maternal (family) capital, register the residential premises in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of shares by agreement within 6 months after the Pension Fund of the Russian Federation transfers maternity (family) capital funds to the person alienating the residential premises, and in the case of acquiring residential premises under an agreement for the purchase and sale of residential premises with installment payment - within 6 months after making the last payment completing the payment of the cost of the residential premises in full size.

At the moment, there is no sanction in the legislation for failure to fulfill a written obligation issued in accordance with the above paragraph 8 of the Rules. There is no reason to believe that a purchase and sale transaction in the future may be declared invalid on the basis of failure to fulfill an “obligation” at the request of an interested party.

It is possible that the legislator, the Government of the Russian Federation, will soon introduce amendments to the regulations listed here regulating legal relations regarding the use of state support funds for families (maternity capital). At the moment, the obligation to register ownership of housing for all family members in the event of its acquisition by only one of the spouses using maternity capital funds is not supported by real liability for failure to fulfill this obligation. Although it should be said that the possibility of satisfying a claim of a child who has reached the age of majority to recover damages from a parent who has not fulfilled this obligation in the amount of the value of the share in property rights subject to registration for the child cannot be ruled out.

09/14/2011, Alexander Otrokhov, Legal (Omsk)

How to get a?

Receiving funds is a specific procedure. The first step is collecting documents.

To obtain maternity capital you will need the following papers:

child's birth document. This is a basic document and must be provided in the original. If the original is lost, you should restore it and get a duplicate;
act establishing guardianship. Such a document is drawn up between the guardianship authority and the family. Therefore, it must be on hand;
Personal documents of guardians are required. If the child is being raised by a family, then the passports of both spouses will be needed.

When the listed papers have been collected, you should contact the guardianship authority with an application. Such a statement must express a request for the disposal of capital funds.

The application must clearly reflect the future use of funds. The guardianship authority must know what exactly the money will be spent on.

Additional Tips and Warnings

The guardian must act under the strict control of the guardianship and trusteeship authority.

For your own good, report every action you take to these employees; if they suspect you of misusing funds, as well as that you are not acting in the interests of the child, but in your own interests, you may be forced to return maternity capital.

Judicial practice in these cases is quite extensive, so try not to lose face. The most common cases were when guardians brought repairs to their own home under the guise of improving the home for a minor.

That is why the legislator prohibited trustees from using funds for the purpose of carrying out repair work. You can spend the money on the first mortgage payment on real estate, as well as on the education of a minor.

Remember that the property being purchased must be the property of a minor.

Receipt instructions

After collecting documents and preparing the application, it will be considered within two weeks.
Upon receipt of a positive decision, the guardians will be given written consent. Then they need to contact the Pension Fund to receive the certificate itself.

The certificate will contain the details of the child, not the guardians. Once the certificate is received, you can spend the money. But you need to understand that they cannot be cashed out. They can be spent on strictly defined purposes, which were stated at the stage of writing an application to the pension fund.

When purchasing real estate, the buyer will be the child, and the guardian will only be his representative. Anyway. The transaction will be subject to approval and control by the guardianship authority.

Can a guardian receive maternity capital?

Maternity capital is money allocated by the Federal Pension Fund to provide additional assistance to families in which a second and subsequent child was born.
It is issued to the applicant after submitting a package of documents and an application to the Pension Fund. State assistance can be received for a second and subsequent child. The state also provides social assistance for the birth of twins.

Read the article about the rules for drawing up an application, the required package of documents and the grounds on which an applicant can request maternity capital.

You can learn about what maternity capital is, whether the father can receive these funds, and if so, how, from the article at the link.

Legislative basis

According to Federal Law No. 256 “On additional measures of state support for families with children,” the guardian has the right to receive maternity capital (although all required obligations are also imposed on him).

A person applying for maternity capital must be registered in the federal register. It contains the following information about the future candidate:

insurance account number in the Pension Fund;
Full name of the applicant;
date of birth and gender;
permanent place of residence;
data from a citizen’s identity card;
date of registration in the register;
data on the presence of children and information about them;
grounds for issuing maternity capital;
if a citizen no longer participates in social programs of the state, then the reasons for termination must be indicated.

If the biological parents were deprived of parental rights, then his guardian by law has the right to register maternity capital.

Maternity capital for a child is issued upon reaching the age of three. It cannot be used on:

purchase of land;
purchasing building materials for apartment renovation;
repayment of loans for household appliances;
repayment of utility debts.

Reasons

Maternity capital for a child is issued only once. To obtain it, the guardian needs compelling reasons. The list of reasons includes:

guardianship of the second and third child;
obtaining permission from the guardianship authorities;
presence of Russian citizenship;
Citizenship must be completed prior to obtaining guardianship of a minor. An exception may be a situation in which the right to custody is transferred due to the death of the biological father or mother.

Important! Social support from the state is issued for children born after 2007. Maternity capital is issued to the second and subsequent minors.

How to get a?

To obtain a certificate for receiving maternity capital funds, the child’s guardian should contact the Pension Fund of the Russian Federation.

Procedure for issuing a certificate:

Step 1. Collection of necessary documents.

Step 2. Submission of an application by the guardian to the Pension Fund.

Step 3. After the Pension Fund employees accept the application for maternity capital, the guardian must receive a response within 30 days. If the answer is positive, the certificate is sent by mail or issued at the Pension Fund office.

It is important to know that the state issues guardians a certificate, not a sum of money. This is done to avoid deception and waste of money not for the needs of the minor.

The guardian is issued a certificate within 5 days from the date of the decision on his appointment.

The certificate can be used for the following needs of the applicant:

to improve living conditions;
for registration of maternal pension;
for minors to receive education.

List of documents in the Pension Fund of Russia

To receive maternity capital, the guardian must provide the following package of documents to the Pension Fund:

application for government benefits;
guardian's identity card;
birth certificate of a minor;
court order regarding guardianship;
card from the Pension Fund;
certificate of a citizen of the Russian Federation.

The above package of documents is provided in the original. If copies are provided, they must be certified by a notary.

Documents can be sent by mail or by personal contact to the Pension Fund. Depending on the stated needs, the package of documents may vary. Special documents are required for Pension Fund employees to make transfers to authorized organizations.

For example: If the guardian stated that he needs maternity capital to provide the child with higher education, then the funds will be credited to the account of the educational institution.

To use maternity capital, the guardian provides the following package of documents:

issued certificate for maternal capital;
ID card of a citizen of the Russian Federation and SNILS.

Statement

A guardian can submit an application to the Pension Fund both after the birth of the child and before it.

The application must contain the following information:

full name of the territorial body;
Recipient's full name;
his status in relation to the child;
having citizenship in the Russian Federation;
actual place of residence;
ID card data;
SNILS serial number;
information about each ward individually;
list of attached documents;
date and signature of the applicant.

If necessary, a certificate of deprivation of parental rights can be added to the above package of documents.

After accepting the application, the authorized person assigns it a registration number and issues a notification receipt to the guardian. It indicates the date and place of issue of the maternity capital certificate.

The application is sent to the Pension Fund at the place of residence.

Sample application for receiving maternity capital by a guardian

Grounds for refusal to issue maternity capital

Not every applicant is issued a certificate for government assistance. Reasons for refusal may be the following:

the child was stillborn;
father/mother adopted a stepdaughter/stepson. In this case, the second father/mother does not have the right to apply for government assistance;
the candidate does not meet the requirements established by law;
the guardian committed an intentional crime;
the provided grounds for receiving government assistance were not enough;
The documents provided to the Pension Fund contained false information.

After a decision is made to refuse to issue maternity capital to the guardian, he is sent a notification with a list of reasons for the refusal. If the guardian is refused, he can appeal the decision in court.

Source: https://www.samso.ru/grazhdanskoe-pravo/imeet-li-opekun-pravo-na-materinskij-kapital.html

Required documents

In addition to personal documents and the act of establishing guardianship, you will need documents on the intended use of funds.

They are key. For example, when purchasing an apartment or a share in an apartment, you need to submit an agreement.

It is drawn up before the transfer of capital funds. The contract will be checked and assessed from the point of view of legal correctness.

When the agreement is signed by the parties, the pension fund will be able to transfer the money. And they will not be transferred to the child or the guardian, but to the buyer. In addition, you need to prepare passports, as well as a certificate for the child.

Guardian's passport

This is the main document confirming a person’s identity. Therefore, the guardian or guardians are required to carry personal documents with them. Submission of copies is not permitted. Even certified ones. Only originals are required.

Child's birth certificate

It certifies the fact of birth and personal data of the child. In fact, the certificate replaces a passport. Therefore, this document must also be provided only in the original.

Child account details

These are the bank details that are required to credit funds to the appropriate account.

If the ward does not have an account, then one will need to be opened.

At the same time, for the guardianship authorities and the pension fund it does not matter in which banking organization such an account will be opened.

The account must be opened specifically for the child, and not for a third party. Receipt of money to the account of any other persons is not allowed. During the procedure, all actions on behalf of the minor are performed by the guardian. He also signs bank and other documents.

Application to the Pension Fund for a maternity certificate

The maternal certificate is the main document. It confirms the right to use capital funds and is their expression. After receiving approval from the pension authorities, guardians are required to contact the Pension Fund with an application. The application must express a request to issue a certificate and indicate the purpose for which the money will be spent.

Step-by-step instructions for completing the mat. capital for a ward child

Let's look at step-by-step instructions for registering maternity capital, where a legal representative is involved.

First of all, you need to collect a package of documents. It is formed somewhat differently than the standard package of papers required by parents to receive maternity capital.
Next, you will have to draw up an application on behalf of the minor. However, the applicant for this application will be the guardian, which means that the paper will be drawn up on his behalf.
The next step is to report to the pension fund of the Russian Federation. It is there that the guardian takes the package of documents, and also undergoes a short interview with the employees, where he talks about why he wants to receive maternity capital and backs up his words with relevant documents.
While pension fund employees are preparing a certificate for maternity capital, the legal representative must appear at the guardianship and trusteeship authority and notify the employees that he is applying for a measure of state support.
Once the certificate is handed over to the guardian, the procedure is completed. However, in order to obtain permission to use the capital, the guardian will also have to draw up another application and provide the collected documents.

However, the procedure for authorizing the expenditure of maternity capital is no more complicated than the procedure for obtaining a certificate.

The guardianship and trusteeship authorities, along with pension fund employees, will carefully check the direction in which you intend to spend the money.

Let's return to the topic of documents. Let's list the papers that you must provide to the pension fund.

The legal representative must ensure that the package of documents contains a passport of the Russian Federation. It is necessary to verify the person’s identity, as well as confirm information about registration and citizenship.
The guardian draws up a statement. It can be compiled by yourself. Also, the legal representative can contact the relevant companies or a lawyer who provides assistance in drawing up applications.
A birth certificate for a minor, in connection with which citizens have the right to receive maternity capital.
Provide details of an account opened for a minor. This is where the money will go.

Many caregivers mistakenly think that they only need to provide their card number. This is wrong.

Firstly, full bank details are required to receive payments , and secondly, payments are made only to an account that belongs to the child.

Also, if you do not have the opportunity to contact the regional branch of the pension fund directly, you can be content with the local branch. If you cannot get to the nearest branch of the pension fund, you can contact the multifunctional center.

The processing time for your application and papers will increase slightly, however, the result will be the same.

By the way, today, thanks to the government services portal, it is now possible to submit an application electronically. In addition, you can send the application and copies of documents to the pension fund by mail.

Notification of guardianship authorities about receipt

When the certificate is received, the spouses are required to notify the guardianship authority about this.

This is done in all cases and is mandatory. This procedure serves to eliminate the possibility of manipulating capital funds and committing fraudulent actions.

The notification is issued in any form, but in writing. Its contents indicate the receipt of a certificate.

Maternity capital for a guardian: grounds for receipt and procedure for registration

Maternity capital is designed to stimulate the growth of the birth rate in Russia. Therefore, its program of action is extended every year.

Its funds should help families improve their living conditions, which automatically improves the situation of children.

Who can get it?

To understand whether the maternal captain is entitled to guardians, you need to consider all categories of persons entitled to this:

The standard situation is for the child’s natural parents to receive the certificate. In this case, this must be the second or subsequent children. In this case, you need to register the fact of birth and contact the Pension Fund for the issuance of a certificate and the disposal of its funds. At the same time, after spending the funds, parents are required to report on this by submitting the relevant documents to the Pension Fund. The involvement of the Pension Fund is justified, since it is the manager of capital funds;
adoptive parents. A family relationship arises between them and the child, which in all respects is equal to the relationship between natural children and parents. They have such a right if the adopted child becomes the second in the family, and the family has not previously received capital funds;
guardians may receive the certificate and dispose of its funds. But in this case, control will be exercised by the guardianship authorities. After all, capital funds are not intended for guardians or the family as a whole, but for the child. These are his individual funds, which can be spent only in his interests. That is, the guardian will not be able to resolve his issues, increase the living space, and so on. Everything purchased with the funds from the certificate will belong to the person under guardianship.

The listed categories have the right to use capital funds. And this list is exhaustive. No one else has this right.

Maternity capital is issued to the child, not to the guardian!

This is important to remember. In this situation, the guardian is simply acting in the best interests of the child. He is not the recipient of the certificate funds, but only acts on behalf of the child and in his interests. Accordingly, the recipient will be the minor. And you can spend the money received only on the child, but within the framework of legal expenses.

Receipt instructions

After collecting documents and preparing the application, it will be considered within two weeks.

Upon receipt of a positive decision, the guardians will be given written consent. Then they need to contact the Pension Fund to receive the certificate itself.

Required documents

In addition to personal documents and the act of establishing guardianship, you will need documents on the intended use of funds.

They are key. For example, when purchasing an apartment or a share in an apartment, you need to submit an agreement.

It is drawn up before the transfer of capital funds. The contract will be checked and assessed from the point of view of legal correctness.

Guardian's passport

Child's birth certificate

It certifies the fact of birth and personal data of the child. In fact, the certificate replaces a passport. Therefore, this document must also be provided only in the original.

Child account details

These are the bank details that are required to credit funds to the appropriate account.

If the ward does not have an account, then one will need to be opened.

At the same time, for the guardianship authorities and the pension fund it does not matter in which banking organization such an account will be opened.

Application to the Pension Fund for a maternity certificate

Notification of guardianship authorities about receipt

When the certificate is received, the spouses are required to notify the guardianship authority about this.

This is done in all cases and is mandatory. This procedure serves to eliminate the possibility of manipulating capital funds and committing fraudulent actions.

The notification is issued in any form, but in writing. Its contents indicate the receipt of a certificate.

How to spend maternity capital?

As a rule, funds are spent on purchasing housing or improving living conditions. Therefore, guardians can purchase apartments, a private house or a share in such real estate for the child. If the child already has real estate, it is possible to exchange it for another with an additional payment from capital funds.

If it is necessary to obtain education, the funds from the certificate can be used to pay for the child’s education.

What can I use the certificate for?

Spending these funds arbitrarily is not allowed. Guardians can spend it on education or buying a home. As a rule, the choice is made in favor of housing. Moreover, you can buy any residential real estate. The main thing is that it was suitable for living.

Obtaining permission to use the certificate from the guardianship authorities

This is the final stage. When the certificate is received and the purpose of the expenditure is determined, you need to coordinate your plans with the guardianship authority.

If you plan to purchase real estate, then a specialist from the department is obliged to go to the location of the property and check its suitability for habitation.

Such control allows for the interests of the child to be respected and abuse avoided. Thus, guardians are entitled to receive a maternal certificate. But they do not receive it as natural or adoptive parents. It is received on behalf of the child. And the certificate itself is intended not for the guardians, but for the child.

It is also allowed to spend funds only on behalf and in the interests of a minor.

In this case, the procedure for selecting an object, spending money, and obtaining a certificate will be controlled by specialists from the guardianship authority. They are obliged to protect the interests of the minor from abuse.

And if signs of illegal manipulation are detected, the guardianship authority has the right to stop performing actions on the transaction.

Source: https://uristjournal.com/semejnoe-pravo/usynovlenie-i-opekunstvo/mozhet-li-poluchit-materinskij-kapital.html