home Drugs Is it possible to use maternity capital? How can you use maternity capital - what needs can you spend maternity capital on? The procedure for using maternity capital funds to form a funded pension

Is it possible to use maternity capital? How can you use maternity capital - what needs can you spend maternity capital on? The procedure for using maternity capital funds to form a funded pension

Maternity capital is budget funds to support families at the birth or adoption of a second, third and subsequent child. In 2018, the amount of payments is 453,026 rubles. You can dispose of this money not as you wish, but in accordance with the law Federal Law of December 29, 2006 N 256-FZ (as amended on March 7, 2018).

What can you use funds for?

1. Improving living conditions

Buying a house or apartment. The new property is divided among all family members.
Housing construction using contractors or on your own.
Housing reconstruction. The total living area should be increased.
Down payment on or other loan to purchase a home. In this case, it is not necessary to wait until the child reaches three years of age.
Repayment of principal or interest on loans for the purchase or construction of housing, including mortgages. From 2018 - excluding Decree of the Government of the Russian Federation of May 31, 2018 No. 631 dates of occurrence of credit obligations.
Payment for participation in shared construction or housing cooperatives.

2. Child’s education

Education of children in secondary specialized or higher educational institutions on extra-budgetary places. The birth order of the children does not matter, the main thing is that they are under 25 years old.
Accommodation of a child in a dormitory at an educational institution.
Child care in an educational organization, for example in an after-school group.
Keeping a child in .

3. Mom's pension

Formation of the funded part in old age. Even non-working mothers can invest in non-state pension funds and private management companies.

4. Disabled children

Compensation for the cost of lifts purchased independently, devices for writing in Braille, special computers, and so on. Scroll Order of the Government of the Russian Federation of April 30, 2016 No. 831-r of all goods and services intended for social adaptation and integration into society of disabled children is established by the Government of the Russian Federation.

5. Monthly cash payments

Cashing out maternity capital is prohibited. But low-income families can receive Federal Law “On monthly payments to families with children” dated December 28, 2017 N 418-FZ money from maternity capital in cash or on a card, provided that the second child was born (adopted) after January 1, 2018.

Payment is monthly. The size depends on the child's subsistence level in the region. You can receive “replenishment” from maternity capital until the child is one and a half years old.

One-time payments in the amount of 25 thousand rubles are no longer provided.

What you can’t spend maternity capital on

Purchase of land. Even for the construction of a family nest.
Buying or building a summer house.
Home renovation. Not to be confused with reconstruction. We are talking about wallpaper, linoleum and other “decorations”.
Buying a car. With the exception of some regional maternity capital programs.
Purchasing household appliances.
Repayment of consumer loans and other debts.
Education of parents, as well as payment for children’s clubs and sections.
Treatment of any family member.
Vacation. Even for the health of children at sea.

To increase the birth rate and regulate the demographic crisis in Russia, the state creates various types of material incentives for citizens. One of these measures is the introduction of maternity capital.

Maternity capital can be used for one or more purposes. In this article we will tell you in detail how to use maternity capital within the law.

The purposes for which maternity capital is permitted to be used are defined in Federal Law No. 256-FZ of December 29, 2006 (Part 3, Article 7):

For children to receive education.
To improve living conditions in Russia.
To form a funded pension for the mother or adoptive mother.
For social adaptation and integration into society of disabled children (purchase of appropriate goods, for example, wheelchairs, prostheses and payment for the services of medical specialists in accordance with the relevant List of Goods and Services).

A peculiarity of the use of maternity capital is that the start of its use may not be earlier than three years have passed since the birth of the child, whose birth gave the right to receive maternity (family) capital.

However, there are exceptions to this rule. If maternity capital funds are used to repay the principal debt and pay interest on a mortgage loan, to pay a down payment on a mortgage, or to purchase goods and services for the social adaptation of a disabled child, maternity capital in accordance with Law No. 256-FZ (Part 6, 6.1 art. 7) can be used immediately upon receipt of the right to it.

The review approved by the Presidium of the RF Armed Forces on June 22, 2016 (clause 4) makes a reservation according to which the use of maternity capital to repay the principal debt under a housing purchase and sale agreement is not allowed until the child turns three years old.

These are the only restrictions on the use of maternity capital funds. Otherwise, maternity capital can be spent at the discretion of the parents, including for several purposes at the same time. Law No. 256-FZ (Part 4, Article 7) allows the use of part of maternity capital for the child’s education, and the other part for improving living conditions.

Important: Upon divorce, maternity capital funds, as a measure of state support for the family with a targeted nature of use, cannot be considered as part of the joint property of the spouses and, in accordance with paragraph 2 of Art. 34, art. 38 of the RF IC and clause 1 of FNP Letter No. 2305/03-16-3 dated July 1, 2016, are not subject to division.

Let's consider an example: a certificate for maternity capital on the occasion of the birth of a second child was received by the mother during marriage. The children's parents divorce and a court decision determines the children's future place of residence with their father. In this case, the certificate for maternity capital remains with the mother, since the law does not provide for the division of the certificate in the event of a divorce.

Procedure for managing maternity capital

1. Submission of documents to the territorial body of the Pension Fund of the Russian Federation in accordance with the list specified in paragraphs 6, 7 of the Rules approved by Decree of the Government of the Russian Federation No. 862 of December 12, 2007:

Application for disposal of maternity capital, drawn up in writing.
Insurance certificate of compulsory pension insurance.
Documents proving the identity of the certificate owner. If documents are submitted through a representative - the representative’s passport and a notarized power of attorney with the appropriate powers.

2. Also in some cases, a document (passport) of the spouse of the certificate holder, a marriage certificate, birth certificates of children with a mark on citizenship are required, and, if the application is submitted by a guardian (trustee) or adoptive parents, permission from the guardianship authority to spend maternity capital funds on selected goals.

Documents confirming the chosen purposes of using maternity capital are presented separately.

The methods for submitting an application for the disposal of maternity capital are specified in paragraphs 2, 3, 3.1, 3.2 of the Rules approved by Order of the Ministry of Health and Social Development of the Russian Federation No. 779 n dated December 26, 2008. Thus, you can submit an application to the Pension Fund office at the place of residence, residence or stay in person or through your representative. You can also send documents by mail with a list of attachments and a receipt.

A method of submitting documents through the MFC is available. Finally, you can use the website of state and municipal services and submit documents and applications electronically.

Electronic submission of documents and applications is also implemented through the personal account of the insured person in the PFR information system. When the Pension Fund official receives your documents, he will send you an electronic notification of receipt of the application, which will indicate the deadline within which you must submit to the Pension Fund all the necessary documents in the form of originals. This period is five working days from the date of receipt of your application by the Pension Fund.

The period for consideration of an application for disposal of maternity capital by the Pension Fund of Russia is 30 days from the date of receipt of all documents. During this period, the Pension Fund makes either a decision to approve your application or a reasoned decision to refuse. You will be notified of the decision within five days of the decision being made. If your application is satisfied, then in accordance with Federal Law No. 256-FZ (Part 1, 3 Article 8), Rules No. 862 (Clause 17) and Clause 9 of the Rules approved by Decree of the Government of Russia No. 926 of December 24, 2007 g., the funds will be transferred to your chosen purpose within 10 days.

Illegal use of maternity capital funds is prosecuted by law. Thus, if maternity capital is used for the purpose of cashing out with further misuse of funds, this will lead to the Pension Fund of Russia demanding the return of amounts cashed out through illegal schemes. In this case, the actions of the certificate holder may be regarded as fraud, which will entail criminal liability.

Penalties include a fine, mandatory correctional labor and arrest. If signs of criminal article 159.2 of the Criminal Code of the Russian Federation are found in the actions of the violator, restriction or imprisonment may be applied. Exemption from criminal liability is possible only under existing conditions and actions of the offender that create the possibility of applying Art. 76.2 of the Criminal Code of the Russian Federation.

The procedure for using maternity capital funds to improve housing conditions

According to Art. 10 of Law No. 256-FZ and clauses 8-13 of Rules No. 862, maternity capital can be used to improve housing conditions if this improvement manifests itself in the forms of:

Purchasing residential premises.
Construction of a residential building with the involvement of a contractor.
Construction (reconstruction) of a residential building on your own, without the involvement of a construction organization.
Payments for participation in shared housing construction.
Payment of a down payment for the purchase or construction of housing when receiving a target or mortgage loan.
Compensation for costs incurred for the construction or reconstruction of a residential building.
Repayment of the principal debt and payment of interest on a mortgage loan or a loan for the construction or purchase of finished housing.
Payment of a fee to join a housing or housing construction cooperative, etc.

Housing purchased, as well as built or reconstructed using maternity capital funds, is registered in the common shared ownership of all family members, including the certificate holder, his spouse and all children. The size of the shares is determined by agreement. If housing purchased using maternity capital funds is registered exclusively in the name of children, according to Letter of the Federal Tax Service No. 216/06-11 dated February 7, 2013, the legitimacy of such a transaction will be called into question.

Conditioned by the use of maternal certificate funds during the construction of housing, registration of shared ownership in the hands of spouses and their children does not depend on the period of commissioning of the building. Even an unfinished house can be registered as shared ownership of family members, according to clause 5 of the Review, approved by the Presidium of the RF Armed Forces on July 6, 2016.

Registration of the use of maternity capital funds for the purpose of improving housing conditions involves submitting to the Pension Fund, in addition to the set of documents that we reviewed just above, additional documents, the list of which will depend on the type of improvement of housing conditions (see paragraphs 8-10, 10( 2) – 10(4), 11-13 Regulations No. 862).

The procedure for using maternity capital for children's education

The education of children, including the first, second, third and all subsequent ones, is one of the legitimate purposes for which maternity capital is provided. To pay for children's education with maternity capital funds, educational institutions must have the appropriate license and state accreditation. According to the requirements of Law No. 256-FZ (Parts 2, 3, Article 11), the age of the child at the time of starting education at an educational institution should not exceed 25 years.

In addition to paying for higher education, according to Rule No. 926 (clause 8(1)), maternity capital can also be used to pay for the maintenance and care of a child in an educational organization of preschool education (kindergarten), as well as in an educational institution of primary general, basic general and secondary general education.

In addition, according to clause 6 of Rules No. 926, maternity capital funds are allowed to be used to pay for accommodation and utilities in dormitories for students from other cities.

Depending on the chosen type of educational services, payment for which is planned to be made from maternity capital, the territorial branch of the Pension Fund of the Russian Federation, in addition to the standard set of documents, will need to submit additional documents:

Agreement between the educational institution and the certificate holder. The contract, in accordance with clause 8(2) of Rules No. 926, must contain the calculation of tuition fees and the obligations of the educational institution in relation to the child. Also, according to Letter No. LCh-28-24/843 of the Pension Fund of the Russian Federation and the Ministry of Education and Science of the Russian Federation No. MD-36/03, the agreement may indicate the amount allocated by the Pension Fund of Russia to pay for the maintenance of a child in an educational institution, indicate the deadline for sending funds and stipulate the possibility of returning unused funds upon expiration of the contract or upon its termination.
Documents, in accordance with clause 7 of Rules No. 926, confirming that maternity capital funds are used to pay for the child’s stay in a hostel for non-residents and to pay for utilities.

The procedure for using maternity capital funds to form a funded pension

For mothers and adoptive mothers, Law No. 256-FZ (Part 1, Article 12) established the possibility of directing maternity capital funds to form a funded pension. To do this, the owner of the certificate for maternity capital must write an application to the territorial body of the Pension Fund of the Russian Federation, in which he indicates the purpose of using maternity capital to form a funded pension.

Mothers and adoptive parents have the right, until the moment they are assigned a funded pension, to abandon this purpose of using maternal capital and direct the funds to other purposes provided for by law, in accordance with Part 2 of Art. 12 of Law No. 256-FZ. The law (Part 5, Article 12) allows the use of maternity capital funds as part of the pension savings of the mother (adoptive parent) when assigning her a funded pension, if she has not yet disposed of the maternity capital funds up to this point.

This year, both the Russian government and the departments under its control became interested in the fate of maternity capital. Such close attention may have been caused by a decline in applications from citizens to obtain a certificate for maternal capital.

Maternal (family) capital is a measure of state support for Russian families in which, from 2007 to 2018 inclusive, a second child was born (or adopted) (or a third child or subsequent children, if at the birth (adoption) of the second child the right to receive these funds is not was issued). From January 1, 2015, the amount of maternal (family) capital is 453,026 rubles.

Note that in today's realities, 25% of Russian families do not use their right to receive maternity capital, considering the amount provided by the certificate to be insufficient to improve their lives. During the first half of the year, 352.5 thousand certificates were issued in the country, which is 81 thousand certificates less than the same period in 2016.

However, the program has not undergone any significant changes this year, rather the opposite. The only thing that is known for sure is that maternity capital will be provided to families until December 31, 2018 inclusive. This means that before this time a second (or subsequent) child must appear in the family.

Among the measures taken is also a reduction in the period for issuing maternity capital from two months to 10 days.

The most important news was the confirmation of the fact of freezing the amount of maternity capital until January 1, 2020, that is, the size of the certificate will not be revised for another three years “due to the difficult economic situation in the country and the large budget deficit,” the freezing regulation states. Let us remind you that the payment due at the birth or adoption of a second child is 453.26 thousand rubles.

Another important and unpleasant point was the news about the cancellation of a one-time payment from maternity capital in the amount of 25 thousand rubles, which was adopted in 2016 due to the worsening crisis. Note that the amount of maternity capital at the start of the program in 2007 was 250 thousand rubles. Thanks to annual indexation, its size increased by 80%. The last indexation was carried out on January 1, 2015 and amounted to 5.5% (from 429 to 453 thousand rubles).

Maternity capital in 2017 will remain whole and indivisible, since payments of monthly benefits will, according to officials, lead to inefficient spending of funds.

So for what purposes can maternity capital be used in 2017?

Payment for child's education
Formation of the funded part of the pension
Social adaptation of disabled children
Improving living conditions

And for kindergarten, and for sports school, and for nursery school

You can send a certificate for education from the child’s 3rd birthday until his 25th birthday. Moreover, it is not necessary to wait until the child grows up to enter a higher educational institution, as many people think. Maternity capital can be used to pay for a child’s maintenance in a kindergarten, nursery, or children’s clubs. Moreover, the institution can be either commercial or municipal, the main thing is that it is located on the territory of Russia and has all the licenses to carry out its activities.

For maternity capital, you can send your child to study at a music and art school, enroll in sports clubs, or participate in state educational programs with appropriate accreditation.

As for higher education, a child can not only study for maternity capital money, but also live in a dormitory at the university.

Pension: save and increase?

Directing maternity capital money towards retirement is another option for using maternity capital. The mother or father can transfer the family capital in full or in part to a private pension fund by submitting an appropriate application. A private pension fund is a non-governmental organization that is designed to store pension money, and even increase it. According to the law, Russians have the right to “pull out” money from the pension fund before retirement if they suddenly decide to use their maternity capital differently, for example, to spend the money on a child’s education or improving their living conditions. If the certificate holder waits until retirement, he can receive all the money in full in the “urgent payment” format.

Despite the seemingly favorable conditions, the first two ways of selling maternity capital are not particularly popular among Russians. Our fellow citizens do not want to wait until retirement age or for their child to enroll in a university, citing the unstable situation in the country and the inability to predict their distant future. But 95% of maternity certificate holders want to spend it on improving or purchasing housing.

Housing on credit and for a certificate

Since there is not enough capital to purchase at least some square meters, a common way to sell the certificate is to repay part of the mortgage loan. True, you should be especially careful here, since some credit organizations, when providing mortgage lending using maternity capital, overestimate the interest rate on the loan by 2-3 points. Otherwise, the presence of maternity capital greatly facilitates the issuance of a mortgage loan, moreover, it allows you to use the certificate as a down payment. Another advantage of this option for implementing maternal capital is that you do not need to wait until the child is three years old.

It often happens that a young family has its own home, but after the birth of a second child there is a need to expand their living conditions. There are four legal ways for them: reconstruction of the house with a concomitant increase in the total area; buying a house; home construction; contribution of maternal capital funds as a contribution when participating in shared construction.

The provided government assistance can be used to pay for the work crew; purchases of building materials; other expenses related to construction and repair work.

For disabled children - strictly according to the list

From January 1, 2016, a maternal certificate can be used for social adaptation and integration into society of disabled children. Money can be directed to any child in the family, natural or adopted, without waiting until three years from the date of birth or adoption of the baby.

Unfortunately, maternity capital for disabled children cannot be used at your own discretion and based on the individual needs of each child. The text of the law stipulates that the certificate can only be spent on those goods and services for children with disabilities that are specified in the specific list, developed by the Russian government.

In addition, maternity capital funds can only compensate for the costs of goods and services that the parent independently purchased for a disabled child. That is, parents will have to pay for the construction of a ramp at the entrance to the entrance, the purchase of a special bed, means of communication or sports, or purchase other goods or services. And only then wait for the pension fund’s decision on compensation for expenses incurred.

Law for show

Parents of children with special needs were at first happy about the new law, but having understood all the intricacies, they realized that many conditions and restrictions simply do not make it possible to use the certificate for good purposes, in particular for the treatment and adaptation of a sick child. So the majority of this category of people believes that the law was adopted only formally. “... The law was adopted for show. Absolutely nothing is possible for my child... I was hoping that they would be allowed to spend maternity capital on dolphins - alas and ah! It’s very sad and offensive,” writes Irina, commenting on the law on the profile website.

“I am the father of a disabled child. To increase mobility, the government could allow the purchase of a car with maternal capital - one working person in the family will never earn money on a car. Since domestic cars already cost half a million rubles! Not to mention housing, which costs 2-3 million! There are not enough quotas for expensive treatment for everyone - and again maternity capital cannot be used here,” writes Ilgiz.

Although, of course, it cannot be said that the law does not work at all. Someone still manages to use maternity capital funds to rehabilitate a disabled child. For example, the grandmother of a boy diagnosed with cerebral palsy from Rostov-on-Don was lucky. Having learned that maternity capital is now being given to disabled children, she turned to the pension fund to compensate for the money spent on the treadmill. The grandson needs to strengthen his weak legs. The cost of the simulator was compensated, and the grandmother, being the only relative of the baby, received 55 thousand rubles spent.

Housing with a certificate is not for everyone

It can be difficult to spend maternity capital funds on the coveted new home. There is not enough money to buy an apartment or house, and taking out a mortgage for a family with two or more children is often unaffordable.

“I don’t understand at all why the state allocated this certificate. What is the use of it if it lies like an ordinary piece of paper - you can’t spend it, nothing... Children can’t even buy anything with it. Houses cost from 600 - 800 thousand rubles. What to buy for 453 thousand, a barn?” writes Victoria from Kaliningrad, commenting on the law on maternity capital.

Many mothers, especially single mothers, complain that the law has very strict limits that limit the possibilities of spending allocated funds. For example, you cannot spend the allocated money on renovating old, existing housing.

“I’m a single mother, my husband and I are divorced, he doesn’t pay child support and doesn’t help! We live in a wooden house. The floors will soon collapse underground. There is no money to make them. It's cold at home in winter. Windows need to be replaced and walls need to be insulated. I would, of course, be very happy if they gave me capital for major renovations of my home,” suggests Natalya.

It is true that there are those who manage to use maternity capital funds and invest them in an apartment or housing. Svetlana, a Muscovite, could not find money allocated from the state for many years. I was looking for a house closer to Moscow, but I still couldn’t find a suitable one. And now, six years later, I finally bought it, it’s far from the city, and the condition is not ideal, but still better than nothing. Svetlana already has three children, she is divorced from her husband, she does not receive alimony, life is difficult, but the house she bought gives her hope for a peaceful old age. “When I’m old, I’ll go live there,” the woman dreams.

Irina also always dreamed of living in a private house. But in real life in Tyumen, the woman did not have any housing at all, and lived with her daughter in rented apartments. And when the second daughter was born, and Irina received a certificate for maternity capital, hope dawned. It was impossible to buy a house within the city limits at the cost of maternity capital, so the woman decided to look for housing in the villages.

Having visited all the nearby villages in her region, and even the neighboring ones, Irina became homesick. House prices there, although they were significantly lower than in Tyumen, still did not allow her to buy a home. The houses for which there was enough money were uninhabitable. A mortgage or any other housing loan was out of the question, since Irina did not have an official job, and her earnings were unstable.

Having traveled around villages and villages to no avail, the woman gave up trying to buy a home. But then an opportunity arose. A friend was selling a dorm room.

“I agreed with the landlady that I would pay the remaining fifty thousand for the room in installments within six months, and moved into a room with an area of 22 square meters. Of course, this is far from what I dreamed of, but still at least some kind of housing,” Irina summed up her apartment epic.

It may not be fair, but it’s real

Having pushed around with a certificate that seems to have money on it, but there is nowhere to put it, people, often out of desperation and not for the sake of profit, decide to take half measures.

And here intermediaries come into the picture between those who want to cash out maternity capital by purchasing a house and sellers who agree to inflate the amount of the property being sold in the purchase and sale agreement.

An intermediary, most often a realtor acting as a private individual, finds houses or plots of land for sale at a very low price in remote villages. And he agrees with the seller that the purchase and sale agreement will indicate an amount equal to the amount of maternity capital. As a result, the pension fund transfers the entire amount of the certificate for the purchase of real estate, but only part of this money is given to the seller, another amount (from 50 to 80 thousand rubles) is paid by the certificate holders to the intermediary, the rest of the money (most often about 300 thousand rubles) remains in their personal use.

As a result, the family owns both real estate and cash. And any audit of the pension fund will confirm that the family has real estate purchased with maternity capital.

From the point of view of the law, everything is more or less smooth, but in reality many difficulties arise. Firstly, the new housing will most likely be located more than one hundred kilometers from the city and the family’s actual residence. Secondly, selling such housing, even for little money, will be very problematic, because according to the law, the owners of real estate purchased at the expense of maternal capital must be not only parents, but also their young children. Nevertheless, this scheme for selling maternity capital is common in many regions of the country.

Photo - photobank Lori

Maternity capital is one of the government support measures aimed at increasing the birth rate. This money can be used for one or more purposes at the same time.

General procedure for using maternity capital

Maternity capital can be used exclusively for the following purposes (Part 3 of Article 7 of Law No. 256-FZ of December 29, 2006):

improvement of living conditions in the Russian Federation;
education of the child (children);
formation of a funded pension;
acquisition of goods and services intended for social adaptation and integration into society of disabled children.

You can start using maternity capital no earlier than three years from the date of birth or adoption of the second, third child or subsequent children. The exception is cases when maternity capital funds are used to pay the down payment and (or) repay the principal debt and pay interest on credits (loans) taken for the purchase and construction of housing, as well as for the purchase of goods and services intended for social adaptation and integration to the society of disabled children. In such a situation, you can use maternity capital immediately after the birth of a child, without waiting for him to reach the age of three (Part 6, 6.1, Article 7 of Law No. 256-FZ).

At the same time, the use of maternity capital funds to repay the principal debt under a purchase and sale agreement before the child reaches three years of age is unacceptable (clause 4 of the Review, approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016).

There are no other restrictions on the period of use of maternity capital. The owner of the certificate can use it at any time at his own discretion.

Maternity capital can be spent simultaneously for several purposes (Part 4, Article 7 of Law No. 256-FZ). For example, part of the funds is allowed to be spent on improving living conditions, and part on the child’s education.

Note!

Maternity capital as a measure of state support of a targeted nature is not part of the joint property of the spouses, and therefore is not subject to division in the event of divorce ( clause 2 art. 34, art. 38 RF IC; clause 1 Letters of the Federal Tax Service dated July 1, 2016 N 2305/03-16-3).

Example. Maternity capital certificate received before divorce

The couple, who have two minor children, divorced their marriage in court. According to the court's decision, the children must live with their father. At the same time, the mother of the children has a certificate for maternity capital received before the divorce. This certificate must remain with the mother. The law does not provide for the division of the certificate between spouses.

To dispose of maternity capital, the following documents are submitted to the territorial body of the Pension Fund of the Russian Federation (clause 2, Rules, approved by Order of the Ministry of Labor of Russia dated 08/02/2017 N 606n; clause 6, Rules, approved by Decree of the Government of the Russian Federation dated 12/12/2007 N 862):

a written statement on the disposal of maternity capital;
identification documents, place of residence (stay) of the certificate holder or representative of the certificate holder and a document confirming his authority;
if necessary: documents proving the identity of the spouse of the certificate holder, documents confirming the relationship of family members of the certificate holder (in particular, a marriage certificate), as well as permission from the guardianship and trusteeship authority to spend maternity capital in selected areas, if an application for disposal is submitted guardians (trustees) or adoptive parents of minor children, documents confirming the acquisition of full legal capacity by the minor child (children), if the application is submitted by the minor child (children).

Note. When applying for the disposal of maternity capital, we also recommend that you have with you the birth certificates of your children.

In addition to the above documents, depending on the chosen direction of spending funds, you will need documents confirming the purposes of using maternity capital.

An application for an order may be submitted/sent to the territorial body of the Pension Fund of the Russian Federation (clause 6, Rule No. 606n):

personally or through a representative (at the place of residence/stay or actual residence);
by mail;
through the MFC;
in the form of an electronic document.

In the first three cases, the necessary documents are attached to the application. In the latter case, the application is sent to the territorial body of the Pension Fund of the Russian Federation in the form of an electronic document through the Unified Portal of State and Municipal Services or the Pension Fund of Russia information system “Personal Account of the Insured Person”. Then the Pension Fund official sends the applicant an electronic notification of receipt of his application indicating the date of submission of the necessary documents to the Pension Fund. The deadline for their submission should not exceed five working days from the date the Pension Fund receives the application.

Note. Applicants who have left for permanent residence outside the Russian Federation and do not have a place of residence (stay) confirmed by registration in the territory of the Russian Federation, submit an application directly to the Pension Fund of the Russian Federation and submit a statement about the place of their actual residence in the territory of the Russian Federation ( clause 7 of Rules No. 606n).

The territorial bodies of the Pension Fund of the Russian Federation consider the application for disposal within a month from the date of receipt of the application with all the necessary documents. Based on the results of the review, a decision is made to approve or refuse the application, of which you will be notified within five days from the date of the decision. If the decision is positive, the money must be transferred to the chosen purpose within 10 working days from the date of the decision to approve the application (Parts 1, 3, Article 8 of Law N 256-FZ; Clause 17 of Rules No. 862; Clause 9 of the Rules, approved . Decree of the Government of the Russian Federation of December 24, 2007 N 926).

Note!

The use of maternity capital in various illegal schemes for the purpose of cashing out funds and their misuse (for example, for the purchase of a car, furniture, etc.) may entail demands from the Pension Fund authorities to return the corresponding amounts. If the actions of the certificate holder are recognized as fraud, criminal liability is provided in the form of a fine, or compulsory (corrective, forced) labor, or arrest. Punishment in the form of restriction or imprisonment is also possible ( Art. 159.2 Criminal Code of the Russian Federation). However, under certain circumstances, the court may exempt from criminal liability ( Art. 76.2 of the Criminal Code of the Russian Federation).

Improving living conditions in the Russian Federation through maternity capital

The law classifies the following cases as improvement of housing conditions for which maternity capital can be used (Article 10 of Law No. 256-FZ; clause 8 of Rule No. 862):

1) acquisition of residential premises;

2) construction of residential premises with the involvement of a construction organization;

3) construction or reconstruction of an individual housing construction project without the involvement of a contractor;

4) compensation for the costs of construction or reconstruction of an individual housing construction project (IHC);

5) payment of a down payment when receiving a credit or loan, including a mortgage, for the purchase or construction of housing;

6) repayment of the principal debt and payment of interest on loans or borrowings, including mortgages, for the purchase or construction of housing;

7) payment for participation in shared construction;

8) payment of the entrance fee as a participant in housing, housing construction, housing savings cooperatives, etc.

Note!

Acquired (built, reconstructed) residential premises using maternity capital funds must be registered as the common property of the owner of the certificate, his spouse, children (including the first, second, third child and subsequent children) with the size of shares determined by agreement. The legality of a transaction for the purchase and sale of housing using maternity capital funds, as a result of which only the children of the certificate holder become home owners, may be questioned ( Letter FNP dated 02/07/2013 N 216/06-11).

At the same time, a property that has not been completed and has not been put into operation must be registered in the common shared ownership of the owner of the certificate, his spouse, and children ( clause 5 Review, approved. Presidium of the Supreme Court of the Russian Federation 07/06/2016).

To use maternity capital for the above purposes, in addition to the standard kit, you will need to submit an additional set of documents to the territorial office of the Pension Fund of Russia, which will depend on the type of improvement of your living conditions you have chosen (clause 8 - , - , - Rules No. 862).

Obtaining education for a child (children) at the expense of maternal capital

Maternity capital can be used to pay for the education of a child (children), including the first, second, third child and (or) subsequent children, in educational organizations in the Russian Federation that have a license and state accreditation. You can pay for the education of both your natural and adopted child, provided that on the date of commencement of education the child’s age does not exceed 25 years (Parts 2, 3, Article 11 of Law No. 256-FZ).

Maternity capital funds can be used to pay for the maintenance of a child and (or) supervision and care for him in an educational organization of preschool education and (or) primary general, basic general and secondary general education (clause 8(1) of Rules No. 926). You can also pay for accommodation and utilities in a hostel provided to nonresidents for the period of study (clause 6 of Rules No. 926).

To use maternity capital for the education of children, in addition to the standard kit, depending on the type of educational services you have chosen, you must submit to the territorial office of the Pension Fund of the Russian Federation:

documents confirming the purpose of using maternity capital to pay for the hostel and utilities in the hostel (clause 7 of Rules No. 926);
an agreement between the educational organization and the certificate holder, including the calculation of the amount of fees and the organization’s obligations to support the child and (or) supervise and care for him (clause 8(2) of Rules No. 926).

Note. It is also recommended that the agreement indicate the amount of funds allocated by the PFR bodies to pay for the child’s maintenance in the educational organization, the period for sending the funds and the possibility of the educational organization returning unused funds to the territorial bodies of the PFR in the event of termination or expiration of the agreement ( Letter Pension Fund of Russia and the Ministry of Education and Science of Russia dated January 27, 2012 N N LCh-28-24/843, MD-36/03).

Formation of a funded pension using maternity capital

Maternity capital can be used to form a funded pension. This purpose of using maternity capital must be indicated in the application submitted to the territorial body of the Pension Fund. Only mothers or adoptive mothers can use maternity capital in this way (Part 1, Article 12 of Law No. 256-FZ).

Note!

Before the date of assignment of a funded pension, you can refuse to use maternity capital funds in the specified direction and direct them to other purposes provided for by law ( Part 2 Art. 12 of Law No. 256-FZ).

If, at the time of assigning a funded pension, a woman did not have time to dispose of maternity capital, then when assigning a funded pension, she has the right to take into account maternity capital funds as part of pension savings ( Part 5 Art. 12 of Law No. 256-FZ).

Purchasing goods and services for disabled children using maternity capital

Maternity capital can be used to purchase goods and services approved for circulation on the territory of the Russian Federation, intended for social adaptation and integration into society of disabled children, in accordance with an individual rehabilitation program. The use of maternity capital funds is carried out by compensating the costs of purchasing the specified goods and services (clause 4 of the Rules, approved by Decree of the Government of the Russian Federation of April 30, 2016 N 380).

Documents confirming the purchase of goods include sales contracts, sales or cash receipts, or other documents confirming payment. The availability of the purchased goods is confirmed by an act drawn up by the authorized body in the field of social services. The purchase of services is confirmed by an agreement on their provision (Parts 2, 3, Article 11.1 of Law No. 256-FZ).

In the Russian Federation, the program for issuing maternity capital originated more than 10 years ago. During the period of the program, the growth of the Russian population increased. At the same time, the funds received can be used in some areas. We will provide a more detailed overview of matcap directions in our material.

What can you spend maternity capital on?

According to Law No. 256 of December 29, 2006, maternity capital (hereinafter referred to as MK) can be spent on the following areas:

Improving living conditions– implies the acquisition of residential real estate, as well as the reconstruction of existing real estate.
Children's education– a number of conditions must be met, namely:
- child age 3-25 years;
- a university, college or other educational institution is located on the territory of the Russian Federation;
- the relevant educational organization has a complete list of documents for carrying out such activities.

At the same time, MK can be spent on such institutions as:

kindergarten, nursery;
secondary and higher educational institutions;
music and art schools;
sport sections.

Repayment of mortgage and target loan– most often the amount of MK is not enough to purchase a full-fledged home, so most couples prefer to take out a mortgage. Wherein one thing to consider– you cannot repay part of the mortgage at the expense of microfinance companies with a loan from microfinance organizations.
Transfer of MK to the funded part of future pension payments– in 2017, this direction is not in demand, since the funded part is frozen for an indefinite period.

Previously, authorities sought to expand the list of uses of MK. For example, the following options were considered:

purchasing a car;
purchasing medicines for children with serious illnesses;
agricultural development;
purchasing household items (furniture, appliances);
trip to a sanatorium;
buying a wheelchair for a child.

But in 2017, not a single one of the listed items was added to the maternity capital program.

MK funds do not have to be spent on only one of the listed areas; several can be combined.

When can capital funds be used?

In 2017, MK is allowed to be used, when the child turns 3 years old.

But in some situations, MK can be spent at an earlier date, for example:

Paying off a loan or mortgage, which was received for the purchase of real estate, as well as making an initial (mortgage) payment. It is important to take into account one condition - the loan must be intended for the purchase of real estate.
Construction own residential property.
Purchasing goods and services that are necessary for the social adaptation of a disabled child.

How to get MK for up to 3 years when buying real estate? Let's figure it out right now:

A woman signs an agreement with the selected bank for the purchase (or construction) of real estate.

The client buys the selected object.

After registering the transaction, the woman applies to the Pension Fund of the Russian Federation with an application to transfer the MK to the bank.

If a positive decision is made, the funds are transferred to the credit account within 2 months.

When the family did not use MK before the child’s 18th birthday, then the rights to use MK funds are transferred to an adult.

Also, MK is transferred to the child if the parents die (or are deprived of parental rights). Only spending MK is allowed after 18 years.

Maternity capital and repairs

According to the law, parents do not have the right to use MK for home repairs.

But MK funds can be used for the construction or reconstruction of their own property.

But it is important to understand the difference between reconstruction and repair work. Reconstruction implies an increase in living space. Each resident must have at least 18 square meters. If the area is higher than the established indicators, then MK is not applied.

In some regions, the norm for square meters varies between 12 - 18.

In addition, reconstruction differs from repair work in the following respects:

reconstruction involves changing the layout of the entire building, including size, area, number of rooms, moving walls;
As a result of reconstruction, the purpose of the premises may change, for example, a store becomes a residential property.

Reconstruction is allowed only in residential buildings (prohibited in apartments).

Facilities MK for reconstruction can only be used when the child reaches 3 years of age. If the family has its own capital, then changes to the living space are allowed to be made at its own expense, and when the child reaches the appropriate age, the family receives compensation from the MK. At the same time, it is important to document that the house was reconstructed.

Consequently, the family is prohibited from carrying out repair work under the guise of housing reconstruction.

Use of capital when buying a car

Funds for maternal certificate cannot be spent on buying a car. But when introducing this program, legislators proposed introducing this item into one of the ways of spending MK. As a result, the authorities were divided into two camps, offering both positive and negative factors.

First, let's discuss the reasons why rejected similar idea:

Quick resale of vehicles to obtain cash.
Possible car theft.
Rapid wear and tear of vehicles (especially Russian-assembled vehicles).
A car is not a mandatory purchase for a family with two or more children.

Now let's select positive characteristics when buying a car using MK funds:

the problem with the movement of families and children in urban areas is being solved;
accessibility of rural residents to schools, hospitals and other institutions;
using a vehicle as a way to earn extra money (taxi);
MK consumption without adding own funds.

Construction of a household

MK can be used to build a house. In this case, home ownership must meet the following criteria:

Suitability for habitation.
The land belongs to the category of individual housing construction (residential development).
The site is personally owned or leased by the owner of the MK. However, MK cannot be used to acquire land.
The facility must be built only on Russian territory.
The citizen has a building permit.
The house was built after January 1, 2007.

It is allowed to build a house either individually or with the help of a construction organization.

When construction is carried out on its own, then payments to MK are made at the beginning of the construction process in the amount of 50%. The second part of the MK is transferred 6 months after the provision of documents confirming construction work. It is important to keep all receipts and other payment documents.

When construction companies are involved in the work, then MK funds are provided after concluding an agreement with the relevant company. This document is provided to the Pension Fund when submitting an application.

MK can be spent on shared construction.

To obtain MK for construction a citizen must visit the Pension Fund with the following list of documentation:

application;
documentation of the right to own (or use) land;
building permit;
Bank details;
obligation to divide the shares of the house between the whole family (notarized).

.
To translate the second part MK needs:

documentation confirming the fact of the work performed;
Bank account;
parents' passports;
marriage certificate (or divorce certificate).

After completion of construction work home ownership is registered as common shared ownership among family members(parents and children). Otherwise, the rights to dispose of home ownership do not differ from the generally established rules.

Using MK for a mortgage

Each family, upon receipt of the MK, has the right to contribute funds to partially repay the mortgage. At the same time, spending MK on this area is allowed at any age of the child.

Consequently, after receiving the MC, the certificate holder has the right to contact a banking structure to conclude a loan agreement. But first you should calculate the amount of your salary, part of which will be spent monthly on repaying the mortgage loan. In addition, bank employees take into account the applicant’s length of service, which should not be less than 6 months. And, of course, the applicant’s credit history is analyzed.

The acquired real estate must be properly registered. However, most banks require that all documentation be up to date, in particular the cadastral and technical passport.

According to the law, real estate can be purchased from close relatives (father, mother, brother, grandfather, uncle), with the exception of purchase and sale from one of the spouses.

MK funds can be made as a down payment for the purchased property.

To obtain a mortgage loan, the certificate holder must first contact the bank, where employees make a preliminary calculation of the mortgage based on the price of a specific property. The monthly income of both spouses is also taken into account.

In this case, the client provides a number of documents that differ in different banking areas. But the basic ones are:

parents' passports;
children's birth certificates;
documents on the housing that is planned to be purchased (certificate of ownership, cadastral passport, technical passport, house register);
passports of the owners of the purchased housing;
expert assessment of real estate.

Step 2– obtaining credit funds and purchasing the selected object. The property will remain under the bank's encumbrance until the mortgage is fully paid off.

Step 3– after receiving the document on the ownership of the object, the client contacts the Pension Fund. The citizen must submit an application and other documents, such as:

passport;
statement;
maternal certificate;
bank agreement;
certificate of the amount of total debt;
ownership documents;
if available, from the borrower (usually a spouse) – a passport; a document confirming the fact of relationship with the applicant.

The period for reviewing documents in the fund is 1 month. Once the decision is made, written notification is sent to the applicant. If the outcome is positive, the citizen submits the notification received to the bank where the loan was issued. After transferring the MK to the bank, the debt amount is recalculated (if there is a balance).

Loan repayment

MK can be used to repay a targeted loan that was associated with the acquisition of real estate. In other cases, MK is not used.

If one of these conditions is missing, the MC does not apply.

To repay a loan, the loan agreement must indicate that the funds were spent on the purchase or construction of residential real estate. Secondly, the borrower must be the owner of the MK.

The Maternity, Family Capital program is already 10 years old. On this topic, watch the video:

We can admit that the program for issuing MKs worked 100%. After all, not only has the number of Russians increased in the Russian Federation, but many young families have been able to purchase their own housing. Read more about how you can spend MK in this article.