When is it permissible to pay for kindergarten with maternity capital?

Maternity capital can significantly make the life of a family with two or more children easier. The state is gradually increasing the range of possibilities for its use. So, if earlier this money could be spent exclusively on housing, a child’s education or a future pension for the mother, then since 2011 it is possible to pay for a kindergarten with maternity capital. What is required for this and how to do it correctly?

Is it possible to pay for kindergarten with maternity capital?

In 2021, changes were made to the legislation, on the basis of which it is allowed to use money from a certificate to pay for a kindergarten, school, college or university. The money can be used only after the child for whom the certificate was issued turns 3 years old.

Attention! It is allowed to send funds not only to government agencies, but also to private gardens, but the main condition is represented by non-cash payments.

Parents can pay for the education of all their children, and not just one child for whom maternity capital was issued. But institutions that have been accredited and operate officially are selected. Otherwise, the Pension Fund will not accept the application and will not transfer the funds. It is even allowed to transfer the fee to an individual entrepreneur engaged in the provision of kindergarten services.

Is it possible to receive compensation when paying from maternity capital?

Payment for a municipal kindergarten is usually already partially paid from the local budget. Payment from MK already completely covers 100% the amount of payment for kindergarten, including payment for additional services related to the education and development of the child.

Initially, the amount of compensation for attending kindergarten was:

• Minimum 20% for the first child
• Minimum 50% for the second child
• Minimum 70% for the third and subsequent

However, starting from 2021, regional authorities independently set the amount of compensation (No. 388-FZ).

How to pay

To pay for kindergarten with maternity capital, parents perform the following steps:

• a suitable institution that complies with the requirements of the law is selected;
• a formal agreement is signed with the organization;
• the agreement with other documentation is transferred to the PF representative;
• parents independently choose the period when funds will be debited;
• the amount can be transferred every month, quarterly or annually;
• the money is transferred to the kindergarten account, and not given to the applicants;
• within 30 days, PF representatives check the received documentation and make a decision;
• If the answer is positive, then the first payment is made to the garden account within 1.5 months.

During the inspection, the legality of the work of the selected organization is taken into account , so if even the slightest problems or violations are discovered, then you will not be able to use the money using maternity capital.

It is also useful to read: Buying a summer house with maternity capital

Basic provisions of the law

Since 2014, the list of areas where funds are spent under the maternity capital program has been supplemented with the item of targeted payment for children in preschool institutions.

In 2021, the state program within the framework of parental fees for children’s education allows the use of maternity capital money for:

• studying at a college;
• higher education institution;
• preschool institution.

When agreeing on the allocation of funds for the child’s education. From this moment on, parents could pay for their child’s education at college, institute, and even preschool educational institution.

Basic rules for processing payments for kindergarten:

1. The parameters of the preschool institution meet the requirements of legislators.
2. If there are 2-3 children in a family, a transfer from the budget for all wards will be organized within the limits of the maternity capital amount.
3. Payment is made only by bank transfer using the garden details on the basis of a pre-concluded agreement.
4. The state does not set restrictions on the age of pupils and allows the start of deductions immediately after the birth of the second and receipt of a certificate.
5. The organization's work is licensed, and cooperation with parents is formalized.

Question:

Is it possible to pay for the services of private preschool institutions at the expense of MK?

Answer:

If the quality of work of children's budgetary institutions meets the expectations of parents, or state kindergartens are overcrowded, parents have the right to agree through the Pension Fund on payment for a private institution. The procedure is complicated by additional approvals and strict requirements imposed by the supervisory authority.

Institution selection criteria

Before determining the institution for which they expect to reimburse the fees from maternal capital, you should carefully study the question of what requirements and parameters the kindergarten must meet.

Previously, the issue was positively resolved exclusively in favor of state-owned institutions that were licensed and accredited. The Pension Fund required that the kindergarten could confirm the provision of educational services on the basis of the issued license. After the adoption of Law No. 432 of December 28, 2021 (clause 2 of Article 1), parents are exempt from complying with this restriction. Supervision and care are included in the list of acceptable activities. Below are the characteristics of the institution, the observance of which gives the right to count on compensation for monetary costs from maternity capital funds.

Important! Legislators excluded restrictions on services provided from the list of mandatory parameters. Educational services have been supplemented with services for the supervision and care of minors, even if the institution does not conduct educational activities

The Pension Fund, accepting applications for the sale of capital through payment in kindergartens, proceeds from compliance with the following criteria:

1. Type of organization – preschool institution financed from the budget of the country or a constituent entity of the Russian Federation, private enterprise.
2. Compliance with sanitary, hygienic, epidemiological standards with proper placement, lighting, heating and ventilation.
3. Availability of necessary utilities - sewerage, water supply.
4. Carrying out scheduled regular cleaning and daily routine.
5. Operation of the catering unit in accordance with current standards and requirements.

The entire list of necessary parameters is expanded by other necessary standards, but if the kindergarten has all the permits and is properly registered, most likely, the management is concerned about meeting the necessary standards to organize a comfortable and safe stay for the child during the day.

Requirements for the organization

A positive decision on payment for kindergarten is made only if the institution meets certain PF requirements. Funds from the budget are sent to the account of municipal and departmental, as well as private kindergartens.

The main conditions include:

• the organization is represented by an officially registered legal entity;
• availability of a license containing information about the services provided, including supervision, care and provision of food, as well as education;
• compliance with SanPin standards during the operation of the institution, therefore, the optimal temperature in the premises is maintained, balanced meals are organized, and noise limits are also taken into account.

Reference! It is allowed to pay for kindergarten for all children, and not just one child, using budget funds.

Purposes of spending the certificate funds

It is worth noting that you will not be able to spend funds at your own discretion, since the state very strictly limits spending for certain purposes, namely:

1. Changes in living conditions.

As a rule, families who have given birth to more than one child need to increase the square meters of housing. And here payments from the state are a great help.

With the help of this money, some families will reconstruct their homes, increasing the area (this is a mandatory condition), others will purchase a new one, adding their savings or selling their existing living space, and others will take out a mortgage loan by paying the down payment from the bank with a certificate.

At the moment, all major banks working with mortgage lending accept maternity capital certificates for payment.

Changing living conditions is the most popular option for spending funds. This explains the rise in real estate prices. Not every family has such funds to purchase an apartment right away.

1. Investing in an existing mortgage loan.

Some families took out a mortgage earlier, before the birth of children or after the birth of their first child. Mortgage lending is an obligation for decades.

Therefore, upon receipt of the certificate, the spouses will be able to close part of the debt and change the conditions - reduce the term or payment of the loan.

1. Transfer to the pension fund

In this case, the funds will be credited to the mother’s personal account and will form the cumulative part of the future pension with subsequent indexation.

This may be a state pension fund or a non-state one, at the choice of the applicant. As a rule, in non-state ones the profitability is much higher.

This option is the most unpopular among the population. As a rule, citizens want to spend funds as quickly as possible, without thinking about the future at all.

Therefore, high-income families use this type of spending.

1. Payment for child's education

You can pay for education not only for juniors, but also for seniors. In the modern world, there are fewer and fewer budget-funded places in universities, and there are more and more universities with only paid education.

Every parent wants to give their child a good education for further self-realization in life, but not everyone can afford it.

Therefore, this option is very convenient. Age limit – the student must be no older than 25 years. The requirement for the university is to have a license and accreditation, as well as an agreement on the provision of services to this student.

The Pension Fund of Russia, through its own channels, checks the child’s enrollment in the educational institution. The child can apply for a certificate to pay for his or her education if the parents have not done so before.

1. Payment for child treatment

Unfortunately, there are cases when a baby is born disabled or with some serious illness, or becomes disabled in the future.

In such a situation, parents need to spend a lot of money on his treatment.

Charitable organizations can help, but their help is not immediate, and its size will not always cover all expenses.

In this case, the government has provided for how to support the spouses. The certificate can be used to pay for the treatment of any child, regardless of the order of birth or adoption.

Payment order

The procedure for paying for kindergarten using maternity capital is divided into successive stages:

• Initially, an official contract is concluded with the organization, on the basis of which paid services are provided;
• documents are transferred to the PF employee;
• If the decision is positive, the first payment is made within two months;
• the remaining funds are transferred based on the schedule drawn up when the agreement is signed.

Cash is not issued for maternity capital, and if the contract with the organization is terminated, then excess amounts paid are subject to refund.

Kindergarten fees are reduced in case of quarantine, illness of the child or during summer holidays, the duration of which does not exceed 75 days. This also includes carrying out repairs in the organization or the absence of a child in the garden during parental vacation. Fees are reduced for children with any disability group or suffering from tuberculosis. Therefore, if excess funds were transferred from the Pension Fund, they are subject to return.

Refund of overpaid amounts from maternity capital funds

The unused part of the payment for kindergarten, for example due to the child’s illness, is returned back to the Pension Fund budget. This also applies to payment for educational programs, the cost of which has decreased.

When transferring a child to another kindergarten, an application is submitted to the Pension Fund for termination of payments under the current agreement with the preschool educational institution, indicating the reason. A document confirming the child’s expulsion from kindergarten must be attached to the application.

If the terms of the agreement change, an application is written to the Pension Fund to adjust the amount and frequency of payments. An additional agreement with amendments is attached to the application.

Subtleties of drawing up a contract

To take advantage of maternity capital funds, it is important to choose a kindergarten wisely, as well as correctly draw up an agreement with this institution.

For this, the following rules are taken into account:

• the decision to admit a child to the organization is made by the manager, with whom an agreement is signed;
• parents first request statutory documentation and a license;
• The parties to the agreement are the parent for whom the certificate is issued, as well as the preschool institution;
• the obligation to look after the baby, as well as maintenance and care is indicated;
• the amounts and terms of payment are listed;
• The details of the institution are entered, as well as the current account to which funds from the maternity capital will be transferred.

Important! It is recommended to use the supplement in the form of a payment schedule.

The amount of the fee depends on whether parents apply to a public or private kindergarten. Municipal institutions offer numerous free services, so parents only pay for supervision and care. It is for these purposes that the funds under the certificate are allocated. The amount of the fee is calculated by each organization separately, but sometimes in the regions of the Russian Federation a fixed amount is used.

Usually the fee is calculated per month, but it changes if the child fails to show up for kindergarten for good reason. Therefore, the exact amount depends on how many days a month the child attended preschool.

It is also useful to read: Loan for building a house using maternity capital

Description of legal grounds

• Federal Law No. 256 of December 29, 2006 talks about the very possibility of directing maternity capital funds to pay for any educational institutions, if they have a license to operate.
• Federal Law No. 273. Here a description of preschool institutions is formulated, as well as measures that should be aimed at competently organizing the maintenance and stay of children.
• Government Decree No. 862. Describes changes in legislation that made it possible to pay for preschool institutions.

What documents are needed

As soon as the agreement with the kindergarten is signed, a complete package of documents is transferred to the representative of the Pension Fund for the transfer of funds.

Documentation is prepared for this:

• passport and SNILS of the parent in whose name the maternity capital is registered;
• certificate confirming the right to state assistance;
• a well-formed application, and its form can be obtained from a PF employee;
• agreement with kindergarten;
• payment schedule;
• baby's birth certificate;
• additional agreement if any changes were made to the terms of cooperation.

The application is allowed to be submitted not only to a representative of the Pension Fund, but also through the MFC, the State Services portal or the official website of the Pension Fund.

Rules for drawing up an application

The document is transmitted in paper or electronic form. If the second option is used, then within 5 days you must still visit the branch of the Pension Fund or the MFC to transfer the original documents, although you can first sign up through State Services for a specific time so as not to stand in line.

The application contains the following information:

• information about the child’s legal representative;
• please transfer the required amount to pay for kindergarten;
• information about the selected kindergarten, presented by its name, legal address and details of the statutory documentation;
• information about the child, provided by his full name and date of birth;
• list of documents attached to the application;
• Date of preparation;
• compiler's signature.

Attention! If the application is approved, then the corresponding notification is sent to the applicant’s residential address, after which this document must be handed over to the head of the kindergarten.

Amount of payment for DDU

All the necessary information about who exactly and to what extent should pay for being in kindergarten is described in the Federal Legislation “On Education”. As for expenses, there is a clear distinction:

1. The educational process is paid for from the regional budget.
2. The local treasury allocates money for maintenance and repairs.
3. Parents pay a fee for child care and supervision.

A certain category of citizens may be partially or completely exempt from paying parental fees. These points are regulated by both federal and local legislation. The following categories of families have a 100% benefit:

1. Raising a disabled child.
2. Children left without parental care, orphans.
3. If you have tuberculosis.

   
   Payment order

The fee calculation methodology itself is established in each region independently by local authorities. It can vary significantly even in a specific area, and sometimes has a fixed rate. Often the fee is set as a certain percentage of the monthly costs. In addition, the amount of payment is also affected by what regime is established in a particular preschool educational institution.

Payment reductions for parents are made on the following grounds:

1. The presence of a disease, which is confirmed by a medical certificate.
2. Quarantine was introduced at the educational institution. Moreover, regardless of whether it is in one group or in the entire kindergarten.
3. The child did not attend kindergarten due to being in a health care facility. In this case, the maximum period of absence is 75 days in the summer months.
4. If there is downtime at the parents' enterprise.
5. During the period of repair or emergency work at the preschool educational institution.

In these cases, the reduction in parental fees is carried out only for a certain period while the child has not visited the institution. Reductions are also made for other valid reasons.

The nuances of cooperation with non-state gardens

It is allowed to pay at the expense of maternity capital even for a private kindergarten that charges a large sum for the maintenance and education of children.

But the Pension Fund makes significant demands on these organizations:

• location on the territory of the Russian Federation;
• availability of a license and official registration;
• teaching children according to state accredited programs;
• differentiation of all services offered by garden workers.

Many private kindergartens operating today have not been accredited, so parents have to pay for services only from their own personal funds.

Tax deduction when paying for kindergarten with maternity capital

You cannot apply for a tax deduction:

• It can only be obtained after the child has paid for tuition; education at a preschool educational institution is not taken into account.
• When paying for kindergarten tuition from maternity capital funds, you cannot apply for a tax deduction (Article 219 of the Tax Code)

Article 219 Tax Code

The social tax deduction does not apply if the payment for educational expenses is made from maternal (family) capital funds allocated to ensure the implementation of additional measures of state support for families with children;

Reasons for refusal

The refusal by the PF is due to various reasons:

• transfer of an incomplete package of documents;
• presence of errors in papers;
• in the past, citizens have already spent the entire subsidy;
• the selected kindergarten does not meet the requirements of the Pension Fund;
• there is no license to provide the relevant services.

If the reason is the absence of a certain document, then it can be conveyed, but if the garden does not meet the requirements, then you will have to start looking for a new institution.

Problems usually arise for parents who plan to send their children to a private institution, since such organizations often do not have a license or accredited programs.

What are maintenance, supervision and childcare services?

The work of preschool institutions for the maintenance of children is regulated by the legislation of the Russian Federation and implies the organization of:

• nutrition;
• education;
• personal hygiene;
• household services, such as washing and cleaning.

In this case, educational organizations can take the form of municipal, departmental or private entities. Payment by certificate for the services of individual entrepreneurs is not provided for by law.

An integral part of the requirements for preschool educational institutions is compliance with the sanitary and epidemiological conditions of the premises:

• according to air-thermal conditions;
• on water supply;
• by illumination.

It is also mandatory for employees of the institution to undergo a medical examination.

Equally important is the organization of services depending on the length of stay of children in the institution. When the baby is in kindergarten for no more than 3-4 hours, it is necessary to provide food and sleep, no more than 5 hours - meals and a walk, more than 5 hours - 3-4 meals a day, a walk and sleep