What does maternity capital give families?

The main regulatory document regulating the relationship of all parties interested in the implementation of the program is Federal Law-256 “On additional measures of state support for families with children” dated December 29, 2006 with all subsequent adjustments.

The point is to financially support Russian families with children, stimulate the birth rate and improve the demographic situation. From the federal budget, the family is provided with a certain amount when the second or subsequent baby is born (goes through the adoption procedure) (if maternity capital has not been received for some reason before that moment). It should be noted that in some constituent entities of the Russian Federation there is also regional maternal (family) capital, which is issued from the regional budget.

Essentially, this is a free, non-repayable budget subsidy that is provided to a family at the birth of a child for the implementation of strictly defined goals. The main ones are the construction or purchase of housing, future payments for the child’s education, as well as contributions to the funded part of the mother’s pension. Subsequently, adjustments were made to the list of purposes for using maternal capital funds; in particular, it became possible to use these funds for the treatment of disabled children and the purchase of rehabilitation means for them.

However, the law clearly defines that maternity capital is of a targeted nature. Moreover, it is provided to recipients in the form of a specific document - a certificate. Maternity capital funds cannot be issued to recipients .

Maternity capital lawyer in Moscow and Moscow Region

Obtaining and implementing a state certificate is associated with a number of legislative restrictions. In addition, citizens often encounter incompetence and opposition from officials who are responsible for issuing subsidies. The assistance of a maternity capital lawyer will be relevant in the following situations:

State subsidies for the birth of a second and subsequent children in a family have been issued since 2007, but this procedure still raises many questions. To resolve problems in obtaining and selling maternity capital, professional legal assistance is required. It can be provided by a highly specialized specialist – a maternity capital lawyer.

We recommend reading: What do they give for a third child in Volgograd 2021

However, in order for a mother to accurately assess the legality of the actions of Pension Fund employees or to find out in advance about the possibility and legality of her desired direction of using maternity capital, it is necessary to obtain advice from a maternity capital lawyer. The easiest way is online using the special form given at the end of this page. To do this you need:

• formulate your problem in as much detail as possible so that the consultant can give accurate recommendations for your specific case;
• provide feedback information so that the lawyer can contact you to provide more detailed advice (region of residence, contact phone number and name);
• Get answers to your questions for free within 5 minutes!

Regardless of the circumstances of submitting documents, in accordance with Part 3 of Art. 5 Federal Law No. 256-FZ, the period for consideration of the application and documents cannot exceed five working days from the date of application. If a certificate is refused, Pension Fund employees are required to give clear explanations about the reasons for the refusal and the circumstances for resubmitting the documents.

Children who have the right to independently receive maternity capital can apply to the Pension Fund for the disposal of maternity capital up to the age of 23 inclusive. Moreover, all funds allocated by the state are divided in proportion to the number of biological brothers and sisters. In the event of the death of one of them, his share is divided among the survivors, and if all recipients die, the maternity capital is returned to the federal budget.

Is it possible to get a cash loan against a maternity capital certificate?

The mechanism for exercising your rights when disposing of maternity capital funds is quite complicated. In most cases, this is possible only when the baby reaches the age limit of three years. However, there are exceptions. One of them is the purchase or construction of housing, including payment of various types of housing loans. Here you can take advantage of the opportunities of maternity capital at any time.

At the moment, the amount of maternity capital is just over 453 thousand rubles. And this is a great temptation for those families who are experiencing significant financial difficulties. Experts say that the number of attempts to cash out a maternity capital certificate in a variety of ways is not decreasing. There are a lot of different semi-legal structures that promise to easily turn this document into a stack of cash.

The main thing to remember is that any attempts to exchange a maternity capital certificate for cash are illegal and are classified by the criminal code as fraud . Moreover, both those who promise to do this and those who own the certificate will be held accountable by law. In addition, the family will lose both the certificate and the cash received illegally for it.

Maternity capital in 2021! Who is eligible, what is the size, where to go and how to get it

• 1)
  466,617 rubles , if the right to additional measures of state support arose before December 31, 2021;
• 2)
  466,617 rubles in the case of the birth (adoption) of the first child starting from January 1, 2021. In the case of the birth (adoption) of a second child starting from January 1, 2021, provided that the first child was born (adopted) also starting from January 1, 2021, the amount of maternal (family) capital increases by 150,000 rubles and amounts to a total of 616 617 rubles;
• 3)
  616,617 rubles in the case of the birth (adoption) of a second child starting from January 1, 2021, provided that the first child was born (adopted) before January 1, 2021
• 4)
  616,617 rubles in the case of the birth (adoption) of a third child or subsequent children starting from January 1, 2021, provided that the right to additional measures of state support did not arise earlier.

• 1) Women who gave birth or adopted a second child starting from January 1, 2007;
• 2) Men who adopted a second, third child and subsequent children, if they had not previously exercised the right to additional measures of state support, and if the court decision on the adoption of the child came into force starting from January 1, 2007.
• 3) Women who gave birth or adopted their first child starting from January 1, 2021;
• 4) Men who adopted their first child and have not previously taken advantage of the right to additional measures of state support, provided that the court decision came into force starting from January 1, 2021.

26 Apr 2021 klasterlaw 83
Share this post

Related Posts
• Allowance for 3 children in 2021 Volgograd
• Humanization of All Articles
• What does estimated pension capital mean, formed from insurance contributions for 2021-2021?
• How much is the payment for those rehabilitated in 2021 in the Moscow region?

The most common fraudulent loan scheme using a mother's certificate

Such schemes fall under Article 159.2 of the Criminal Code of the Russian Federation, which carries quite significant sentences. It is this mechanism that most often lies in numerous advertisements: “Loans for maternity capital.”

Those who give such advertisements usually have a database of certain real estate properties. As a rule, these are inexpensive houses that are located far outside the city. In a company that promises a loan against the amount of maternity capital, they help the certificate holder to carry out a seemingly ordinary transaction for the acquisition of residential real estate using maternity capital funds.

At the same time, all required documents are drawn up and the transaction is registered. The regional division of the Pension Fund of Russia no later than two months from the date of application for the specified object transfers the amount of maternity capital to the seller.

The whole point of the fraud is that in reality the object costs, say, 30-40 thousand rubles, but the documents show an amount of 453 thousand (the full amount of maternity capital). Having received money from the Pension Fund of Russia, the seller, who, as a rule, is closely associated with the company conducting this transaction, transfers the entire amount to it. The company then keeps part of the funds for itself (the commission can reach up to 50%), and transfers the rest of the cash to the owner of the certificate.

However, very often certificate holders receive nothing at all. The scammers are counting on the fact that the family will be afraid to complain to law enforcement agencies, since they themselves have broken the law.

When can loans for maternity capital be legal?

However, companies that promise owners loans against a maternity capital certificate do not always act outside the law.

It would be a mistake to think that by contacting such a company, you will pledge your certificate as collateral, and in return you will receive a standard cash loan at a certain interest rate. No legal credit institution will take as collateral something that does not ensure the repayment of the funds issued. There will be no other buyer for a certificate that is issued to a specific person, since he will not be able to use it.

So if someone offers you exactly this option, this clearly means that some kind of fraudulent scheme is being used to circumvent the current legislation, in which you will most likely find yourself a victim.

The legal scheme looks a little different. In fact, the same mechanism is used that banks or real estate agencies use, but with some additional steps the process can simply be sped up. After all, transactions (including their purity) for the purchase of housing using maternity capital are controlled by the Pension Fund, and they take quite a long period of time. Suffice it to say that just transferring money to the buyer after the transaction itself can take up to two months.

As a result, the company or real estate agency, in order to speed up the procedure, provides the certificate owner with a kind of conditional loan for the reserved amount of capital. In other words, the agency, on the basis of a loan agreement concluded with it, promptly transfers its own funds to the seller, the transaction is registered in Rosreestr, and all documents are sent to the Pension Fund. That is, the actual seller of the property is the agency, and within two months the funds from the Pension Fund of the Russian Federation are transferred to it. Thus, the loan is considered to be repaid.

At the same time, the family promptly, without delays, receives the housing they have chosen, the seller receives the money, and the agency receives its commission. It can be 10-15% of the size of the capital.

In most cases, when implementing such a scheme for the acquisition of residential real estate, the Pension Fund and law enforcement agencies do not have any complaints about the mechanism for using maternity capital, although this is not a classic loan. There are no signs of fraud here, and the maternity capital is used in the intended manner prescribed by law.

Want to share?

Telephone number for contacting maternity capital

This year the amount of capital for the mother is 453,026 rubles. The state will not be able to provide parents with a larger amount; it cannot be used to pay off loan debts. It is imperative to find out the telephone number of the Maternity Capital Pension Fund and inquire about information and ask questions.

The Pension Fund of the Russian Federation is always ready to provide information on all issues related to maternity capital. This organization provides social services to the citizens of the country and has great authority. The Pension Fund's maternity capital hotline will help clarify many questions by telephone, all information will be up-to-date, namely:

• it can only be used by a mother who gave birth to a second, third or subsequent child after 2007;
• after the woman’s death, the children retain the right to use the certificate;
• provided that the funds are registered for the second child and the third is born, it is impossible to receive it again.

Restrictions placed on the use of money often create a temptation to go against the law. The emergence of state support has increased not only the birth rate, but also scammers who, through illegal actions, are trying to profit from the legal illiteracy of mothers who hold the certificate.

Improving living conditions. Matkapital can be spent on a down payment, debt repayment or mortgage interest. The apartment can be in a new building or on the secondary market. You can use this money to build and reconstruct a house. Or contribute part of the amount when paying for housing without a loan. Maternity capital cannot be spent on a dilapidated house. Also, starting from 2021, it was prohibited from using it to repay loans to employers or LLCs - mortgage repayment can only be done through a bank with a license.

1. Application for issuance of a certificate. It can be submitted at government services, through the MFC or in person at the pension fund branch.
2. Birth certificates of children or court decision on adoption.
3. Passport and SNILS of the mother or the person who is the applicant.
4. A certificate with a note on the citizenship of the child with whose birth the right to maternity capital became available.
5. A court decision or death certificate of the mother, if the applicant is not her.

We recommend reading: How much do they sell energy drinks for 2021?