Who is a dependent in a family according to the law, and until what age is a child considered a dependent?

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Published: 04/17/2020

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Russians quite often come across the concept of dependents. It can occur when making any social payments, during the process of registering an inheritance, when receiving a loan or going through bankruptcy proceedings. The concept of “dependent” in Russian law does not have any negative connotation. Let's figure out who is considered a dependent under the law, and what rights and responsibilities they have.

• Concept
• Who are considered dependents
• When to claim existing dependents
• Rights of dependents When applying for a pension
• When reducing staff
• When registering an inheritance

The procedure for establishing the fact of being a dependent

Establishing the fact of being a dependent may be necessary for:

• receiving an inheritance;
• pension assignment;
• compensation for harm.

To do this, you need to perform the following steps.

1. Determine if you are a dependent . These include disabled citizens who are fully financially supported by the breadwinner - pensioners, disabled people of groups I, II, III. Dependency of minor children is assumed and does not require additional evidence. In the event of the death of the breadwinner and the question of inheritance arises, for dependents who are not included in the first to seventh order of the testator, it will be necessary to prove the fact of cohabitation with him. The period of cohabitation must not be less than one year before death.
2. Prepare evidence . Before filing an application with the court, you will need to confirm your dependent status, namely: your disability, being supported by a breadwinner, and the period of cohabitation.
3. Draw up an application to establish the fact of being a dependent . This statement is drawn up in accordance with the general requirements for statements of claim.
4. Apply to the court . An application to establish the fact of being a dependent, along with all previously collected documents, is submitted to the district court at your place of residence.
5. Get a court decision . The court must resolve the issue within two months from the date of receipt of the application to the court, after which the resulting decision can be submitted to the body for which it was required to confirm the fact of being a dependent.

Recognition as a dependent for the purposes of compensation for harm in case of loss of a breadwinner

Who has the right to compensation for damages in the event of the loss of a breadwinner?

The circle of persons entitled to compensation for harm in the event of the loss of a breadwinner (victim) is established in paragraph 1 of Article 1088 of the Civil Code of the Russian Federation.

Please note that in the event of the death of the victim (breadwinner), first of all, disabled persons who were dependent on the deceased or who had the right to receive maintenance from him on the day of his death have the right to compensation for harm.

That is, the right to compensation for harm in the event of the loss of a breadwinner arises not only from the spouse of the breadwinner or his relatives, but also from any other persons dependent on the deceased. The Supreme Court of the Russian Federation also drew attention to this in Resolution 33 of the Plenum of the Supreme Court of the Russian Federation dated January 26, 2010 No. 1:

“..the right of disabled dependents to compensation for damages in the event of the loss of a breadwinner does not depend on whether they are in any degree related or related to the deceased breadwinner. The fundamental legal facts in this case are the fact of dependent status and the fact of incapacity for work.”

Who are considered disabled dependents for the purposes of survivor compensation?

Dependency of children under 18 years of age is assumed and does not require proof. The right to compensation for damage caused in connection with the death of the breadwinner is also enjoyed by adult children of the deceased who were dependent on him until they reached the age of 23, if they are studying full-time in educational institutions;

Dependency of persons of retirement age . Achieving the generally established retirement age in itself is an unconditional basis for recognizing such a person as disabled, regardless of the actual state of his ability to work (women over 55 years of age and men over 60 years of age are recognized as disabled with respect to the right to receive compensation for harm in the event of the death of a breadwinner).

people are also recognized as incapable of work with respect to the right to receive compensation for harm in the event of the death of the breadwinner, regardless of what disability group they are assigned to - I, II or III.

At the same time, the right of disabled dependents to compensation for damage in the event of the loss of a breadwinner does not depend on whether they are in any degree related or related to the deceased breadwinner. The fundamental legal facts in this case are the fact of being dependent and the fact of incapacity for work (clause 33 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 26, 2010 N 1 “On the application by courts of civil legislation regulating relations under obligations resulting from harm to the life or health of a citizen”)

Recommended publications:

• Compensation for damage caused by the death of the breadwinner. Who is a dependent and how to calculate the amount of damage?
• Compensation for harm to an employee’s health in the event of an industrial accident, recovery of insurance payment from the Social Insurance Fund
• Statements to establish facts of legal significance
• Samples of claims for compensation for damages in connection with the death of a breadwinner
• Claims for compensation for damage to health caused as a result of an accident at work (occupational disease)

Application to establish the fact of being a dependent

Such a statement must include the following points:

1. name and details of the district court to which the application is being submitted;
2. information about the applicant: last name, first name, patronymic, place of residence, you can additionally indicate a contact phone number and email address;
3. available information about interested parties. These most often include other dependents;
4. circumstances confirming the fact of being a dependent;
5. the purpose for which this fact is required to be established;
6. clearly state the request;
7. indicate the list of documents attached to the application and do not forget to attach them;
8. put the date of application and your signature.

The application may be signed by a representative, if he has the appropriate right. Documents can be sent to the court either in person or remotely - electronically or by mail. When sending documents electronically, you must have an electronic digital signature or a confirmed signature on the State Services website.

PROMOTION : we will draw up any application to the court within 24 hours, more details video

What documents may be useful in recognizing such a fact?

When resolving any controversial issues, the potential holder of dependent status will need to submit an application to social services and the courts, to which the following documents should be attached:

• certificates from housing authorities confirming the fact of cohabitation;
• information on the income of all family members;
• information on joint farming and living from local authorities.

In this situation, the income of each spouse is considered . A pension as a dependent is awarded to the spouse whose income is below the subsistence level.

How to register dependency for a disabled person?

In order to document the care of a disabled citizen, you must contact the pension fund authority that provides disability payments.

In the application, the citizen providing care indicates his passport details, place of residence, and the start date of care. A person in need of care due to a disability sends an application in which he expresses his consent to the provision of care by a specific person.

Appeals can be sent in person through the portal of the State website of the Pension Fund of Russia. The pension fund makes a decision within five days from the date of receipt of the package of documents, after which it will formalize the dependent status of the disabled person, refuse the application or request additional documents.

Who were dependent upon them after the death of their parents

A year and a half later, Aksyonov found out that the sold apartment was valued on the market at that time significantly higher than the amount paid by Fedorov. Aksyonov filed a lawsuit to declare the deal invalid, citing the fact that Fedorov took advantage of the difficult financial situation of Aksyonov and his young sisters. Fedorov was aware of apartment prices because he worked in a real estate agency.

At the request of the woman or the persons specified in part two of this article, while on maternity leave, they can work part-time or at home while maintaining the right to receive state social insurance benefits.

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How to register dependency on parents?

Dependency on parents who do not have disabilities can be granted when they reach retirement age. In this case, three points are important:

• reaching retirement age;
• parents must receive financial assistance regularly;
• the financial support provided should be their main source of income.

Thus, the main documents for registering dependency on parents will be information that the parents need material support and systematically receive it from their children. The Pension Fund is critical of recognizing pensioners as dependents, since they have their own source of income, therefore, it is often necessary to establish the fact of being a dependent in court.

Where to get it. Documents to be received

A similar document can be obtained from the Pension Fund. You can do this this way:

• Personally.
• Sent by mail.
• Through a representative.

You can get a certificate in the same ways.

The document is completed within 30 working days.

The fact of dependency can be established in court.

Documents to be received

To obtain a certificate, you must prove the presence of a dependent. The supporting documents will be:

• Personal documents (passport).
• Extracts from house books.
• Certificates from place of residence.
• Inspection report of residents living at the address. This is done if the breadwinner and dependent are registered in different places but live together. For such a document it is necessary to invite an employee of the Pension Fund.
• Certificates from the place of study.
• Medical documents: conclusion on assignment of disability group, medical certificates.
• Papers that will confirm the relationship.
• Documents that confirm expenses for food, training, maintenance.

You must certify that you live together and that your support is the dependent's only source of income.

If the breadwinner dies, the dependent may receive compensation for the loss of the breadwinner.

How to register a dependent for citizenship?

Foreign citizens who have a residence permit on the territory of the Russian Federation are required to annually notify the territorial body of the federal executive body in the field of migration in which the residence permit was received about their living conditions.

The notification must indicate the surname, first name, patronymic (if any), place of residence, work, period of residence outside the Russian Federation for the calendar year, as well as the amount of income for the year after receiving a residence permit. In case of being a dependent, a certificate of income of the person for whom the foreign citizen is dependent may be provided. It should be noted that the procedure for obtaining dependent status by a foreign citizen must comply with the general procedure established by Russian legislation.

In practice, migration authorities regularly refuse foreigners who are not dependent on their close relatives. Upon receipt of such a refusal, it is advisable to apply to the court to establish the fact of being a dependent.

What it is?

Anyone who is supported by another person and for whom material assistance coming from another person is the only source of livelihood has the right to officially apply for status. Without going to court to recognize their rights, this category may include:

• children under 18 years of age (up to 23 years of age with confirmed full-time education);
• citizens of retirement age;
• disabled people and some other categories of persons who do not have the opportunity to receive funds to support their livelihoods.

Persons who have been in the custody of another legal entity or individual for a long time can apply to the court to obtain status. They will have to prove their reason not to earn a living on their own.

In this context, it is worth paying attention to the possibility of terminating dependent rights. When a citizen is officially recognized as a dependent, the termination of such a right can only be confirmed in court.

And only with proof of the presence of the possibility of independent provision. The exception is when a citizen reaches the age of majority or stops studying full-time at a university or college.