Payments to guardians: minors, as required

Legislative regulation

Regulatory acts clearly state the rights and responsibilities of the guardian, the procedure for registration and types of payments.

The concept, conditions and requirements are regulated by the federal law on guardianship (No. 48).
The definition of persons in need of services is found in the Family Code (Chapter 20, Article 146).
Significant points are reflected in the Civil Code (Articles 32, 35).
Government decrees contain rules for working with an incapacitated citizen (No. 343-2007) and the transfer of minor children (No. 423-2008).

The adopted acts and resolutions serve as a reliable guarantee for trustees; financial assistance includes benefits and benefits at the state and regional level.

Who can become a guardian?

Becoming a guardian entails special requirements. The applicant does not have to be a relative; a stranger has no less rights.

Two mandatory conditions have been put forward - adulthood (from 18 to 55 and 60 years for women and men, respectively) and full legal capacity. Failure will occur when:

restriction or deprivation of parental rights;
alcohol and drug abuse;
violation of guardianship duties;
the occurrence of health problems that interfere with caring for the pupil.

Disability and partial incapacity will allow you to establish a form of patronage to resolve everyday issues.

The helpless person receives full custody and maintenance. The guardian manages property, solves financial problems, and monitors compliance with rights.

Periodically, a report on expenses incurred is provided to the guardianship authorities, proving the intended purpose.

In what cases are payments due?

Priority is given to persons with family ties (grandparents, brothers and sisters). The circle of wards includes:

disabled since childhood and received the first group;
elderly people in dire need of care and attention;
pensioners upon reaching 80 years of age;
minor children without parental care.

In the latter case, guardianship is completely free, when the guardian himself bears the costs.

The paid nature is associated with receiving benefits and allowances immediately after obtaining the status and issuing the act.

Benefit for the birth of twins

Guardianship of an elderly person

Caring for an elderly person initially includes two forms of guardianship. The choice will be influenced by physical condition and the ability to independently perform various actions.

They often resort to patronage, including the purchase of food and medicine, the provision of services to pay for utilities and clean the house.

Helplessness is often associated with complete incapacity. Everyday care is required, including the smallest details. The trustee ensures the protection of the rights of the ward, manages funds and property to meet urgent needs.

Child custody

Child custody requires a fee, given the considerable costs of raising children. Children need care after:

court decisions declaring parents incompetent;
sudden death of father and mother;
restrictions on rights for a certain period;
permanent deprivation of parental rights.

Until the age of 18, guardianship is provided, after which you need to talk about guardianship, unless the matter concerns disability.

Guardianship of disabled people

Health problems often occur due to injuries and serious illnesses. Disability sometimes leads to partial loss of abilities and then patronage is prescribed. Assistance is constantly provided, the trustee helps to carry out transactions and acts as a legal representative.

The first degree of disability and mental disorders shift the burden of care to the caregiver. The actions taken are reflected in the report submitted annually to the regulatory authorities.

What payments are due to a guardian of a minor in 2021?

Registration of child custody gives the right to receive cash payments at the federal and regional level, one-time, monthly, and specialized. Thus, for the maintenance of a minor, the guardian will receive (in addition to a one-time amount of approximately 16.5 thousand rubles) monthly:

for a child under 12 years of age – about 16 thousand rubles;
for a ward over 12 years old – about 22 thousand rubles;
in a large family – 3.5 thousand more each.

Payments are made until the person reaches 18 years of age. When confirming the status of a full-time student - until graduation, but not more than 23 years. Education at a university for the eldest child affects the status of a large family and the amount of compensation for guardians. To confirm training, the student must provide a certificate of full-time study, issued by the dean's office, certified by the seal of the educational institution.

One-time benefit when transferring a child to a guardian

One-time assistance for taking a child into custody is subject to annual indexation. For example, in 2021, the level of payment to guardians was (approximately) 16,350 rubles. The specified amount is the minimum that adoptive parents have the right to count on. The guardian's allowance is paid to each ward. Receiving one-time assistance does not depend on family income.

Citizens who are officially employed are entitled to one-time payments when establishing custody of a child, as at birth. Maternity and one-time benefits are accrued in the amounts established by the collective agreement in compliance with labor legislation. Any parent, not just the mother, can apply for help from the employer. Amounts are calculated based on average earnings over the last six months.

Monthly payments from the regional budget

Payments to regional-level guardians significantly help families cope with the maintenance of children. Regardless of the salary level, additional financial assistance is needed for any region. Thus, for families living in Moscow, 16.5 thousand rubles are paid for the maintenance of children under 12 years old, 22 thousand rubles for older ones. Compensation is provided to each minor family member. Parents with many children receive more by about 10 thousand rubles in total.

Special reward

Not every family is ready to take a child. This is especially true for older children, from 6 years old. Regional authorities are trying in every possible way to help those who have decided to take guardianship, and to give a good incentive to those who have not yet taken action. Additional payments are calculated for each adopted child and can be set for different periods. For example, for residents of Moscow, special remuneration for guardians is provided:

annually 10 thousand rubles. – for the needs of the child (school, kindergarten);
for compensation for utilities and other housing and communal services - 800 rubles. monthly;
compensation for travel to a place of recreation or recovery - about 4.5 thousand rubles once a year;
limiting the maximum mortgage rate.

Types and amounts of benefits

The following types of financial assistance have been approved for potential guardians:

a one-time additional payment is made when the baby is handed over to a guardian. The amount grows annually after indexation (this year 4 percent);
monthly payments are made taking into account the age and status of the person under guardianship;
benefits and allowances established by regional authorities are provided;
the pension is intended for children with disabilities and those left without parents;
Child support is paid despite the deprivation of rights.

Adoptive parents will be able to count on a reward after the adoption procedure has been completed. Thus, a one-time benefit for a foster child will exceed 17 thousand rubles.

Monthly

The amount of your monthly benefit will be affected by your place of residence, which should be kept in mind at all times. The averages are:

payments for a child under 12 years of age are about 15,000 rubles, then the amount increases to 20 thousand;
6,000 rubles are given as compensation for caring for a child with a disability under 23 years of age;
when caring for three children, each person receives up to 19 thousand rubles;
the amount of child benefit for an orphan (left without care) increases to 23,000 rubles;
a disabled child and an orphan under the age of 18 will be able to receive 25 thousand rubles.

Adoptive parents with a child with a disability of the first and second groups receive over 12,000 rubles up to three years of age, and 9,200 rubles after that. For the two remaining groups, 25 thousand rubles are provided.

What is a fixed payment to an old-age insurance pension?

During the period of guardianship, children from one and a half to three years old are entitled to 6,100 rubles. From 3 to 6 - 6776, from 7 to 13 years - 7700 rubles.

Guardianship of a toddler under 1.5 years old will result in payment of 40 percent of the salary.

For non-working guardians, a payment of up to 3,000 is provided for one child and 5,800 for a second child.

One-time

A one-time benefit for a ward is issued once and constantly grows, taking into account the cost of living and indexation.

Now the amount ranges from 15,500 to 16,500 rubles and may increase based on the decision of local authorities.

List of payments and benefits

One of the most financially stimulating types of family arrangement is guardianship. The main reason for the large number of payments and benefits is government policy aimed at reducing the number of children raised in orphanages. Therefore, the legislator included significant financial incentives.

The law establishes the following types of assistance:

aimed at supporting the caregiver's family;
aimed at helping the client.

Important! The right to receive benefits and financial support is provided exclusively for families of guardians raising children without parental care. Temporary guardianship with the consent of the parents is not paid.

One-time payments

Art. 12.2 of the Federal Law of 1995 No. 81 establishes the possibility of a guardian of minor children receiving a one-time allowance when registering guardianship. A citizen has the right to demand funds within 6 months from the date of the order to appoint a guardian.

In 2021, the amount of one-time benefit per child is 17,479 rubles. If you take two or more children from an orphanage, the amount is transferred to each of them.

Funds are transferred to the guardian's account. They have no intended purpose. Therefore, the citizen has the right to dispose of them at his own discretion.

Documents for receiving benefits are sent to the social protection department. The citizen submits an application and a package of documents. Funds are transferred within 30 days.

Monthly payments to the child

The law provides for monthly payments for the maintenance of a minor child in the guardian's family. The amount of the benefit is established by regional legislation. Therefore, the amount will vary in different regions of the Russian Federation.

Example . In 2021 in Moscow, the benefit for a child under 12 years of age is 16,500 rubles. And for a pupil aged 12 years and older it is 22,000 rubles. If the number of wards in the family exceeds 3 people, then the amount increases by 3,300 rubles. for each child. When raising a disabled child as a ward, the monthly allowance is 27,500 rubles.

To receive benefits, a citizen must submit an application to the guardianship department. In accordance with Art. 37 of the Civil Code of the Russian Federation, funds must be credited to a separate nominal account of the guardian.

A citizen can spend money at his own discretion to support a child. However, annually, before February 1, he is required to submit a financial report to the guardianship department.

Regional legislation provides for the receipt of funds by minor children to attend cultural events. Since the appointment procedure is regulated by the regulations of the constituent entities of the Russian Federation, the amounts can vary significantly. The payment is made in the form of an additional payment to the basic benefit.

Example . The procedure for paying funds for cultural events for orphans in the Novosibirsk region is regulated by Decree of the Government of the Novosibirsk Region of 2021 No. 50-p. The amount of payment is 4% of the amount of the monthly allowance for the maintenance of wards in the guardian's family. Funds are transferred to the nominal account of the guardian for children aged 6 to 18 years.

Monthly payments to the guardian

Persons performing the duties of a guardian on a remunerated basis have the right to receive remuneration. This is an alternative to salary.

Funds are transferred to the citizen’s personal account once a month. How much caregivers in different regions receive depends on local legislation. The amount is determined by regional regulations.

Example . In 2021, in the Krasnodar Territory, the remuneration for an adoptive parent is 10,273 rubles. It is paid to the guardian for each ward aged 3 to 18 years. If the family has children aged 0 to 3 years, then the amount of remuneration increases to 11,300 rubles. For citizens who have adopted disabled children into their families, the amount increases to 16,437 rubles. per month.

Payment processing procedure

Guardianship does not always result in payment. The voluntary desire to formalize guardianship will be the starting point and the beginning of the preparation of the procedure.

It is convenient to obtain the information you are interested in on the government services portal. It is worth spending one day to visit the guardianship authority, where a detailed consultation will take place.

The stage of collecting documents and correctly filling out the standard application form takes place. It can be taken at the reception or downloaded from the official website.

Collected papers are reviewed immediately; additional documents may need to be submitted.

Several submission methods simplify the procedure, and strict deadlines are set for consideration.

Where should I go?

One of the first steps will be to contact the guardianship and trusteeship department. A foster family agreement is being prepared, without which it is impossible to process payments.

The collected package is handed over in person or through your representative, who has a notarized power of attorney, to the territorial department of social protection. It is located at the place of permanent registration of the guardian.

What documents need to be submitted?

Basic package includes originals and copies, varies slightly depending on ward status.

Provide a prepared foster family agreement.
An application filled out manually or on a computer without any marks or deletions.
The passport of the applicants and the authorized representative, from where they take data for verification and make sure that the registration stamp is present.
Certificate (copy) of the baby’s birth.
An official certificate from the employer confirming the income of the guardian.
Paper declaring you unemployed.
Court verdict with adoption documents.
A certificate from the educational institution where the child is studying.
Certificates about the health status of the guardian and the ward.
Written consent of family members.
Description of the apartment and or house.
Passbook and bank details.

Lack of documents and an incorrectly completed application will cause a refusal; you will have to reassemble the basic package and submit it for consideration.

Other ways to apply for benefits

Other registration methods can reduce the time required to complete the procedure.

Multifunctional centers with a one-stop shop principle have proven themselves to be excellent. It’s easy to choose an appointment time, get a ticket, or make an appointment by phone. Delivery time is 15 minutes without queues.

Maximum convenience is provided by the government services portal. A simple step of action is taken:

it takes a few minutes to register and create a personal account;
in the section for receiving services there is a point for applying for benefits. From it they learn about the list of papers and fill out an application using the provided sample;
photocopies of documents along with the application are sent for consideration (JPEG format);
An email will be sent to your mailbox indicating your appointment time at the multifunctional center.

Social payments when buying an apartment

All you have to do is go to the indicated window and show the originals to the responsible employee for verification.

Payment for guardianship of a disabled child

Maintaining a disabled child requires additional expenses for treatment and specialized training. Families who decide to take custody of such children have the right to receive an additional benefit of 5.5 thousand rubles. every month. A special feature for this category is the right to receive a land plot free of charge or with preferential conditions. Norms and rules are regulated by regional legislation. You can find out more details at social protection centers.

Payments may change annually, their size depends on indexation. It is legally guaranteed that a disabled child will receive an increased benefit. Parents who find out about the amount of 5.5 thousand sometimes do not even submit documents for assistance, forgetting about the guaranteed minimum for the ward. The basic monthly compensation provided for by law, for example, in a family with one disabled child under 12 years old, will be 16 thousand + 5.5 thousand = 21.5 thousand rubles, for a minor over 12 years old - 22 thousand + 5 .5 thousand = 27.5 thousand rubles.

Additionally, a disabled child has the right to receive a disability pension. Depending on the group established in the medical report, payments will range from 5.5 to 25 thousand rubles. Funds are paid to the child’s card account; the guardian is allowed to manage (withdraw from the account) with a special power of attorney. Details can be found on the Internet portals of the Pension Fund (PF) or Social Insurance Fund (SIF).

Making decisions. Deadlines for benefit payments

The law allows 10 days to refuse and make a positive decision. Taking into account weekends, it turns out to be two weeks.

If inconsistencies are identified before the agreed deadline, a written refusal may be received indicating the reasons.

Errors need to be corrected. If you disagree with these arguments, a complaint is prepared to higher authorities or the court.

The accrual will begin immediately after the decision to appoint guardianship or trusteeship is made.

Additional regional payments for child custody

Standard payments will not prevent you from receiving regional bonuses. In the northern regions there is an increasing coefficient.

The size is influenced by the number of children taken into care and health status. For two groups, the amount increases by one and a half to two times.

There is an indexation scale, an established cost of living and a regional coefficient. Support covers:

free treatment and medications for children under three years of age;
benefits when paying for kindergarten from 50 to 100 percent;
free training and meals in educational institutions;
discounts on utilities (928 rubles are added monthly in the capital);
tax deductions from 1400 to 3000 rubles (1 - 3 children) and 6000 for a disabled person;
labor privileges are similar to those provided to low-income families or single mothers (vacation at a chosen time, paid sick leave to care for a baby, convenient work schedule);
obtaining a plot of land to build a house.

To clarify the list, you need to go to the administration or government services portal, indicating the region.

List of benefits

In addition to financial payments, the legislation provides a number of additional benefits for families of caregivers.

Benefits for families of guardians:

tax;
labor;
medical;
educational;
in the housing and communal services sector.

Tax

Citizens who have taken custody of minor children are entitled to tax benefits:

Standard tax deduction . No income tax is withheld from a certain amount of salary (13%).
Social tax deduction . Calculated when teaching a minor ward full-time.
Property tax deduction . Calculated when purchasing residential premises or land as a child’s property.

Standard tax deduction in 2021

No.	Number of wards	The amount of the deduction
1	1 or 2	1,400 rub.
2	3 or more	3,000 rub.
3	For every disabled child	6,000 rub.

Labor

The Labor Code of the Russian Federation provides a list of labor benefits for citizens raising children (including wards):

providing monthly at least 4 additional days off (for citizens raising disabled children) (Article 262 of the Labor Code of the Russian Federation);
exemption from night work for citizens raising wards under the age of 5 years (Article 96 of the Labor Code of the Russian Federation);
receiving a choice of part-time work week or part-time work (Article 93 of the Labor Code of the Russian Federation);
provision of parental leave in case of illness (for wards under 7 years old) - for the entire period of illness, for children aged 7 to 15 years - no more than 15 days;
if the ward has not reached 3 years of age, the guardian has the right to maternity leave;
if the child is going to enroll in a university or college outside the locality, then the guardian has the right to part of the paid leave during this period.

Medical

Children in their care have the opportunity to receive benefits in the field of medicine:

receiving free medicines for a ward under the age of 3 years (according to a doctor’s prescription);
receiving free baby formula at the dairy kitchen (according to a prescription from the district pediatrician);
undergoing a free annual medical examination, including examination by specialized specialists.

Educational

Federal legislators give wards the opportunity to receive a number of benefits in the field of education:

discount on preschool fees (at least 50%);
provision of textbooks free of charge;
provision of meals 2 times a day free of charge;
preparatory courses at a university or college free of charge.

Important! Since 2010, the education law has removed the benefit for entering a university or college without a waiting list. Now wards are admitted on a general basis.

In the housing and communal services sector

Additional support for the guardian's family is provided in the housing and communal services sector:

discount on housing and communal services (for guardians of disabled children);
discount on rent for residential premises under a social tenancy agreement

For guardians of a disabled child

Additional benefits and allowances are paid to guardians of children with disabilities:

Almost every region provides an additional payment to the monthly benefit;
each subject provides for an additional payment to the remuneration of the adoptive parent;
The guardian of a disabled child has the right to early retirement (-5 years) if the length of service exceeds 15 years (for women), 20 years (for men);
the ability to independently choose the time of paid leave;
50% discount on housing and communal services;
the child undergoing a free course of rehabilitation or sanatorium treatment;
the possibility of obtaining a plot of land free of charge.