Does the use of maternity capital jeopardize the validity of real estate transactions?

Maternity capital is a type of state support for persons with two or more children. To receive the appropriate certificate, parents need to submit an application along with the necessary documents. Within the period established by law, officials will make a decision to satisfy the applicant’s request. But you can also get a refusal to pay maternity capital. Let us consider the main reasons why the decision of the Pension Fund of the Russian Federation may be negative, as well as the features of the regulatory regulation of the implementation of this measure of state material support.

Content:

Reasons for a negative decision
Denial of funds
Appealing such a decision

State program support for families with two or more children has been in effect in the country for quite some time, and an expectant mother can easily find out where this type of financial assistance can be sent and under what conditions. But how can one avoid financial support? And can the services issue a decision in the form of a refusal to pay a family’s request to receive a certificate?

Important
Payments refer to support measures from the state, which is aimed at helping families with two or more children. The opportunity to use maternity capital appears only after the family issues a certificate and submits it to the Pension Fund, indicating the desired purpose for which they want to direct it.

The procedure for obtaining maternity capital

To receive maternity capital, you must submit an application to the pension fund, which will decide on the transfer of maternity capital funds. To do this, you attach the relevant documents confirming your disposition options.

For example, to purchase an apartment, you will submit a purchase and sale agreement and an agreement drawn up with a notary stating that you undertake to allocate shares in the apartment to your children if the purchase is on a mortgage.

Reasons for a negative decision

There are cases when a potential candidate for receiving payments writes an application to receive maternity capital funds to the Pension Fund, but the service refuses to issue a certificate. The grounds for refusal may be the following:

submission of false data;
termination of the right to receive state support;
the baby, mother and father do not have Russian citizenship;
the mother has been deprived of parental rights. Read more about how to deprive a mother of maternal rights;
financial assistance has already been used by the applicant.

Important
The authority that rejected the application for the issuance of a certificate is obliged to notify the applicant about this and indicate the reason on which the decision was made. A citizen has every right to appeal the refusal to a higher authority.

When the father or adoptive parent had the right to receive financial support from the state, but he:

was deprived of parental rights. Learn more about why a father can be deprived of his parental rights - grounds;
canceled the fact of adoption;
died or was declared dead in court;
committed a crime (necessarily intentional).

If the above reasons are possible, the share in maternity capital will be renounced, and it will be transferred in equal parts to children who have not reached 18 years of age or to an adult child (up to 23 years of age) who is studying full-time at an educational institution.

How to challenge a refusal to transfer maternity capital

The grounds for refusal are listed in the law providing for the right to maternity capital , and accordingly, it is impossible to refuse for any other reason. However, the pension fund may refer to the fact that you did not submit documents, or you lost the right to maternal capital, despite the fact that you provided all the conditions. In this case, you need to appeal the pension fund’s refusal to transfer maternity capital.

For this

write a corresponding statement to the court,
in it you describe that you have 2 children , you are not deprived or limited in parental rights,
submitted an application to the Pension Fund for disposal of maternity capital in order to improve housing, namely, purchase a new apartment with a mortgage, where the children will have a ¼ share.
The seller is an individual, but the pension fund refused on the grounds that the seller is a credit institution and therefore refuses.
You don’t agree with this, that’s why you go to court.
In the requirements, you indicate that this refusal is recognized as illegal and that the pension fund is obliged to transfer funds from maternity capital for the purchase of an apartment.
An appendix to the claim consists of children’s birth certificates, marriage certificates, an apartment purchase agreement with a mortgage, a pension fund refusal, a notarized agreement.

In court, you provide the specified documents in originals, and accordingly the court satisfies your claim.

If there are other grounds for refusal by the Pension Fund, the procedure is the same.

Denial of funds

Once a family has issued a certificate, they have the legal right to choose the purpose for which they want to use the money, but in general they can only apply for the use of the money if the second child has reached the age of three.

A refusal to issue maternity capital may occur if:

incorrect application procedure;
there is no right to use maternity capital;
deprivation of parents of their legal rights to the child with whose birth the right to receive payment arose (until the date of lifting this restriction);
the amount indicated in the application exceeds the balance of funds remaining in the account (that is, part of the money has already been spent);
a purpose was indicated that the legislation does not provide for the use of state support;
parents were deprived of their rights to a second child.

It is useful to know how to deprive your ex-husband of paternity if he does not take part in raising children?

Important
If the Pension Fund branch received a negative response regarding the disposal of maternity capital funds, then the applicant must know the exact reason. The refusal must be in writing, since an oral response is not legal and cannot have legal force. In case of disagreement with the reason, the father or mother can appeal the conclusion in court.

After submitting an application for maternity capital, the Pension Fund authorities have exactly one month to make a decision on the plaintiff’s application . During this time, the Pension Fund must send a notice of satisfaction of the requirements or refuse to issue maternity capital. If the response is not received within the specified period, the applicant has the right to complain about the inaction of government services.

Important
If a family purchases a residential property or carries out reconstruction of the house, each of its members is assigned a share in the residential property. Shares in the apartment are distributed in equal parts. A spouse can formalize a waiver of a share in an apartment in favor of another family member. Also, they can formalize the waiver of a minor’s share in the apartment in favor of another child. But, in this case, the mandatory participation of guardianship and trusteeship authorities is necessary to protect the interests and rights of the child.

Waiver of maternity capital cannot be annulled. Relinquishment of a share in an apartment must be voluntary and must be confirmed in writing. After signing all the necessary papers, the party to whom part of the real estate is transferred becomes the owner of the larger share. Also, by agreement of all family members, shares can be transferred to one person. The notarial waiver comes into force from the moment of signing.

Reasons for refusal to dispose of funds

It is also important to know that even if a citizen has already received a certificate, he may be denied access to the funds on his balance. Most often this happens if:

There is less money on the certificate balance than the applicant wants to spend

When submitting an application for disposal of maternity capital funds, the certificate holder can indicate both the entire amount on the balance sheet and any part of it. If during the verification it turns out that there are less funds on the balance, the applicant will be refused.

Spending goals do not coincide with established ones

Funds on the balance of the certificate can be used for strictly established purposes, these are:

Improving living conditions.
Children's education.
Adaptation and integration of a child with a disability.
The funded part of the children's mother's pension.
Receive monthly payments.

At the same time, citizens have the right to receive monthly payments only until the child reaches 3 years of age, otherwise they will be refused. It is important to note that funds on the certificate balance cannot be directed to:

Repayment of loans (or credits) that were not obtained for the purpose of improving living conditions.
Repayment of loans (or loans) if the certificate holder did not participate in their execution as a borrower or co-borrower.
Carrying out repairs in an apartment or house.
Purchasing a plot on which there are no real estate objects.
Construction or purchase of residential real estate, if by the time of applying to the fund, it has already ceased to be the property of the certificate holder.

Incomplete documentation package provided

Depending on the purposes for which the certificate holder wants to use the funds on his balance sheet, when applying to the fund, he will need to provide a set package of documentation. If it is determined that the applicant has not provided all the required documents, he will also face a refusal.

The submitted documents contain false information

If the applicant provides documents (including an application) containing false information, he will be given a completely logical refusal, since all submitted documentation is subject to thorough verification. Moreover, in a number of cases the applicant may be held accountable (including criminal liability).

The applicant lost the right to dispose of capital

The law provides for circumstances in the presence of which the certificate holder loses the right to use capital funds. If this fact is revealed, the citizen will be denied.

Practice

A family came to the reception and was denied the transfer of maternity capital on the grounds that they had not provided documents confirming what the maternity capital funds would be used for. However, the family provided permission to build a residential building and an estimate for the construction of the house. The pension fund considered this insufficient. But since construction had already begun and part of the savings had been spent, the family wanted to challenge this refusal.

The lawyer prepared a claim in which he outlined the specified circumstances of the case,
Photographs of the construction site were also presented as evidence.
In court they were able to prove that the construction of the house was an improvement, since a family of 5 people lived in a two-room apartment with an area of 45 sq.m.; a technical passport and a certificate of ownership were presented.
The court upheld the claim and declared the pension fund’s refusal to transfer maternity capital illegal.

Grounds for refusal of maternity capital

Refusal to provide maternity capital can be divided into two categories:

Refusal to actually grant the right to participate in the state program (failure to receive a maternal certificate);
Refusal to implement a subsidy in the direction chosen by the applicant.

Each of the above options can only be triggered if there is a legislative discrepancy.

Among the grounds for refusal to issue maternity capital, the following circumstances can be identified:

The applicant is not eligible to receive a certificate. The following reasons are possible:

The requirement for citizenship of the applicant and children is not met;
The father and children whose situation does not fall under exceptional conditions apply for a subsidy;

The applicant did not provide the full required package of documents;
The information provided in the documents is false or distorted;
The right to receive subsidies was terminated:

The mother (and in exceptional cases the father) has lost parental rights;
The procedure for canceling the adoption was carried out;
The pupil is removed from the family;
The parents committed a criminal offense against the child;

The right to a subsidy was exercised in an alternative way:

In some regions, local payments in the form of maternity capital are available;
According to the conditions, the provision of these subsidies is possible in cases where the applicant was not a participant in the federal program of the same name, otherwise the alternative is considered implemented.

Many families still do not have a clear idea of the procedure for disposing of maternity capital, and therefore, in practice, circumstances arise in which the applicant is denied the opportunity to exercise his existing right.

Among the grounds for refusal to sell a maternal certificate, the following series of situations can be identified:

The option for spending funds is not among the areas determined by the legislator;
The applicant did not provide a complete list of necessary documents confirming the legality of using the subsidy in this area;
The documents submitted to the Pension Fund for verification turned out to be unreliable or contain false information;
The applicant was suspected of misappropriation of funds, including cashing out subsidies;
The family tries to exercise the right before the child reaches a specified age (as a general rule, the certificate can be used to ensure family goals only after the child is 3 full years old, the only exception is the use of a subsidy to pay off mortgage debt).