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453,000 rub. – this amount is provided by the state to citizens who gave birth to a second child after 2007. Some Russians who have experienced a terrible loss are interested in the answer to the question: is it possible to obtain maternity capital if the baby has died?
According to the norms approved by the Supreme Court, if the baby was born lifeless, then maternity capital is not due. If the newborn lived at least a minimum amount of time, the mother and father can receive money. As a result, similar situations are assessed differently from a legal point of view, and may even end up in court.
How does the death of a baby affect the receipt of maternity capital?
The possibility of receiving financial support from the state after the death of one or more children depends on certain factors, the most important of which is the time of death. It depends on him what papers will be provided to the parents - birth and death certificates or a document that confirms that the baby was born not alive.
A certificate is not issued for children born not alive. Due to the fact that this is a document that is necessary for issuing a certificate, it will not be possible to receive funds in such a situation. Moreover, if the baby dies during the first 7 days, the parents are provided with birth and death certificates.
To obtain a certificate and receive financial support, you need to visit the Pension Fund institution. You will need to draw up an application, prepare a passport, a document that confirms that the child was born.
Maternity capital for a deceased child
If grief occurs in a family and the first or second child dies, then this situation may raise questions about the possibility of receiving maternity capital. One of them is: can a family count on maternity capital in the event of the death of a child?
Important! All persons who have the right to receive assistance at the birth of a second child are defined in Law No. 256-FZ. This law does not limit the rights of families in which a child has died to receive this certificate. Thus, the death of a child is not a reason for a negative response from the Pension Fund to the payment of capital to the family. However, there are still some nuances in this issue.
To obtain a certificate, you will need to contact the Pension Fund. This obligation is assigned to territorial units located in the regions. The list of documents required to obtain a certificate is determined by Government Decree No. 873. This Decree details the procedure for obtaining capital.
The priority right to receive a certificate is given to the mother of the children. However, in cases determined by law, this right may be transferred to the father (adoptive parent) of the child or to the child himself. This may happen in the event of the death of the mother or the deprivation of her parental rights.
The documents required to be submitted to the Pension Fund must be submitted to the Pension Fund along with the application. Each application will be assigned an incoming number, after which it will be considered within 1 month. After this, a decision is made to issue or refuse to issue a certificate. If the decision is positive, the applicant (mother, father or child himself) will receive a certificate.
What documents are required to obtain a certificate:
- application on an approved form;
- passport;
- SNILS;
- birth certificates of all children.
Is it possible to receive maternity capital if the first child has died?
If, after the death of the first baby (for whom a birth certificate was issued), the mother gives birth to or adopts a second one, she will be able to apply for maternity capital. Moreover, if the first or second baby dies during childbirth, the parents will not be issued a document confirming the birth.
Even if both children have passed away, but citizens have the necessary papers to obtain maternity capital, the mother will be able to obtain a certificate. This is due to the fact that the right to receive such assistance from the state appears when a second child is born or adopted.
In accordance with Part 2 of Article 3 of Federal Law No. 256 “On State Support for Citizens with Children”, when certifying the right to maternity capital, children are not taken into account in relation to whom:
- the recipient of maternal capital was deprived of parental rights;
- adoption was cancelled;
- on the date of adoption, the woman/man was already considered the baby’s stepmother/stepfather.
Reference! If a certificate for maternal capital has already been issued, the right to use it remains even if the first and second child die. (except for the situations described above).
Maternity leave if the child dies
First of all, you need to understand what is meant by maternity leave. As a rule, pregnant women understand maternity leave to be the period while they are absent from work from the moment they receive a certificate of incapacity for work until they return to work after caring for a child up to 1.5, up to 3 years or earlier. In fact, this is not what we are talking about, and maternity leave is usually understood as maternity leave (B&P).
If the pregnancy is normal, the woman will be sent on leave at the 30th week of pregnancy, but if she is expecting two children at once, she will be sent on leave already at the 28th week. Sick leave serves as the basis for maternity leave. It is also issued for different periods of time:
- For 140 days - the minimum number of days that a woman is entitled to in case of normal pregnancy and childbirth.
- For 156 days - if childbirth is difficult. In this case, two sick leaves will be issued. The first will be issued for the usual duration at the 7th month of pregnancy, and the second will be issued as a continuation of the first, but for 16 days.
- 194 days is the maximum duration of maternity leave that a woman is entitled to in case of multiple pregnancy.
The calculation method we have considered is carried out in general situations, but in life everything is possible and cases may be different. Therefore, faced with such a terrible situation when an employee’s child dies after birth, the accountant is faced with the problem of calculating maternity payments.
If the B&R benefit has already been transferred in full to the employee before the birth, then it can no longer be withheld. The withholding of this payment is not provided for by law. This means that the woman will be on vacation until her sick leave ends. It is also impossible to reduce a woman’s leave under the BiR, since such an opportunity, in accordance with Russian legislation, is provided only for maternity leave.
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The opposite situation is also possible. A woman may not want to go on leave on her own, but it is also impossible to force her to go on such leave. An employee may go on vacation later than expected (30 weeks), or independently reduce her leave under the B&R.
If a woman gives birth before taking maternity leave, then sick leave can be issued in two ways:
- For the period of incapacity for work, it must be at least 3 days - in the event that the child was stillborn or died in the first 6 days of life;
- For 156 days - if the child was born alive, but died more than 6 days from the moment of birth.
Maternity capital for the deceased Maternity capital program The decision made is enshrined in the Federal Law, registration number 256.
The government program was supposed to operate until 2019. Despite the difficult economic situation, it was decided to extend it until December 31, 2021.
Taking into account indexation, the amount of maternity capital in 2021 is 453.26 thousand rubles.
Is maternity capital due if you die? Let us recall the following main points: As a general rule, the right to swear.
capital is confirmed by a state certificate, which is issued by the territorial bodies of the Pension Fund of the Russian Federation according to the established procedure at the birth or adoption of a second, third or subsequent child, starting from January 1, 2007.
Recipients of maternity capital can be Russian citizens - women, men (sole adoptive parents) or minor children (children under 23 years of age while studying full-time at an educational organization) in the event of the death of their parents or deprivation of their parental rights.
Obtaining a certificate if the child died in the womb
If the 2nd baby was not born alive, then a certificate for state support is not issued, because in this situation a birth certificate cannot be issued. The rules for registering children who were stillborn are determined by Article 20 of the Federal Law No. 143 of November 15, 1997. Registration is carried out on the basis of a document on perinatal death, issued by a budgetary medical institution or a private clinic.
The corresponding application is submitted to the city registry office by the head of the institution in which the birth took place. The petition must be drawn up within 3 days after confirmation of death.
Parents, if necessary, can request a paper that confirms the fact of registration of the birth of a non-living child.
Calculation and payment of maternity benefits
After the antenatal clinic issues a sick leave to a pregnant woman, she submits it to her employer. The accountant will make calculations based on the sick leave certificate. Maternity benefits for a pregnant employee are paid on the next day of payment of salary or advance payment established by the company.
Payment is made immediately for the entire number of days indicated on the sick leave. If a woman has provided several certificates of incapacity for work, then payments are made as they are received by the employer. For example, at first a woman brought a regular sick leave and she was calculated and paid the B&R benefit based on the days indicated on the sheet.
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Is maternity capital required if the child has lived for a week?
If the baby died during the first 7 days, citizens can still submit an application for maternity capital, because in this situation the document certifying the birth of the child is done in the standard manner. To receive money, you need to take the necessary certificates from the registry office and submit them along with the rest of the set of papers to the Pension Fund of Russia unit.
The decision to issue a certificate for maternal capital or to refuse it is made within a period not exceeding 15 days.
Refusal may be due to the following:
- there is no right to maternal capital;
- false information was provided when submitting the application;
- the right to additional state support measures has ceased on the grounds provided for in parts 3, 4, 6 of Article 3 of Federal Law No. 256, or due to the use of maternal capital funds in full.
Difficulties may arise when establishing a legally significant fact - whether the baby was born alive or dead. This determines what kind of paper the parents will be given. If the child died a few hours or days after birth, this problem does not arise. However, sometimes death occurs directly during childbirth, and the exact determination of the time of death depends on the decision of the medical staff.
Employees of the maternity hospital or other medical institution that delivered the child must record the signs of life of the newborn and make sure whether they exist. All detected signs of life are recorded in medical documents.
If a controversial situation arises when establishing the time of death, it can be resolved in court , with the involvement of experts. Only the confirmed fact of the death of a newborn after childbirth allows you to issue a birth certificate, and therefore receive maternity capital.
Attention! An examination conducted by specialists will make it possible to determine whether citizens can receive funds from the state.
The death of a child is a terrible situation that, unfortunately, some citizens of the Russian Federation face. In a normal situation, there are no problems with maternity capital, but if a baby passes away, legal difficulties may arise. The main thing you need to know is when the child died (in the womb or after birth). It is this factor that determines whether the state will provide financial support to parents.
What is the amount of funeral benefit for a stillbirth in 2019?
Currently, the exact amount for this type of compensation has been established.
The benefit today is 6,332 rubles. This amount should cover the expenses of the parents of the dead child strictly for the burial procedure. In certain regions of the country, additional surcharges may be added to the above amount. For example, in Moscow, taking into account the regional salary coefficient, young parents can receive an amount for the burial of a child that is almost twice the standard amount - about 11,000 rubles.
Therefore, citizens should check with the representative offices of social protection authorities for a more accurate amount of this compensation. You can also find out more detailed and detailed information about the progress of applying for a subsidy from these institutions.
At the same time, every citizen should understand that the subsidy can be issued only in an amount that will not exceed the list of established services. In addition, the amount of funds for assistance should not be more than ten times the amount of wages.
The size of the benefit is usually determined according to the minimum wage that exists on the day a person applies for payment.
Financial assistance for the burial of the deceased, who during their lifetime were unemployed and did not receive pensions, is provided by the social protection authority.
Funds are also issued there for a stillborn child (if 196 days have passed since pregnancy). Documents required to receive funeral benefits
Good evening!
What is the list of required documents for payment of benefits for a stillborn child? Can you please tell me the list of required documents for payment of benefits for a stillborn child? What benefits are paid? Only maternity benefits and funeral benefits are paid. Details in the materials of the Personnel System: Attention: if the child died after birth, including in the first days of life, then the parents, subject to certain conditions, will be able to claim benefits. What documents need to be completed after the birth of a child. What documents are needed to receive benefits Birth certificate Paperwork after birth begins with a birth certificate. To do this, you need to contact the nearest registry office within one month.
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There is no state fee for this document.
What benefits are due at birth? The expectant mother should take care in advance about benefits, the assignment and accrual of which is made during the period of maternity leave (as well as immediately after childbirth and during the period of caring for the newborn).
It is paid regardless of whether the woman works, is unemployed, or is registered with the employment service as unemployed.
Registration of documentation and social benefits in case of stillbirth Your issue is regulated by the following regulatory documents: 1) Order of the Ministry of Justice dated October 18, 2000.
No. 52/5 “On approval of the Rules for civil registration in Ukraine”
