Rus Articles Journal

How to dispose of a maternity capital? Part 1

So, the certificate on the maternity (family) capital is received. And what further? It is necessary to decide further on what we will invest this capital in.

The order means a maternity capital is carried out by the person which received it not earlier than after three years from the moment of the birth or adoption of the second child or the subsequent children.

In case of death of mother, deprivation of her parental rights, commission of a deliberate crime against life and health of the child the right for the state support passes to the father (irrespective of his nationality). If both parents (or them deprived of the parental rights, or they committed the specified crimes) died, this right passes to the child. This right can arise, as at the child (children in equal shares) who did not reach majority and at the full age child who is studying full-time in educational institution of any type and look (except for establishment of additional education), up to the moment of the end of such training, but not longer, than before achievement of age of 23 years.

To dispose of a maternity capital, it is necessary to submit corresponding the application to territorial office of the Pension fund. It is necessary to specify in the statement how you solved these means to use. I advise this question to solve in advance in order to avoid misunderstanding. The precipitate decision can bring further only disappointment.

It must be kept in mind that you can dispose of means both completely, and in parts. Also pay attention that you will be able to dispose of these means, having directed them only in one direction or having partially distributed on different. That is, the opportunity, for example, part of means to direct to a funded part of pension of mother, and the rest - on education of one of children or on education of several children is given.

The application for the order can be submitted by a maternity capital after two years and six months since birth or adoption of the second and the subsequent children at any time. Having submitted such application till May 1 of the current year, it will be possible to dispose of means already in the second half of the year of the current year. If you submit the application no later than October 1 of the current year, then will be able to dispose of means in the first half of the year of the year following after a year of filing of application. The application can be submitted later at any time, it is just necessary to remember that the due means are provided not at once.

The application for the order has to be considered by territorial authority of Pension Fund of the Russian Federation from the date of reception of an application in a month. All necessary documents and their copies have to be without fail enclosed to the application , otherwise it can be the basis for refusal in allowance of the application about the order a maternity capital. By results of consideration of the application the decision on satisfaction or refusal in satisfaction of such statement is passed.

To you it can be refused to allowance of the application about the order if there are bases specified in the law (for example, in case of death of the person who had rights for a maternity capital or deprivations of its parental rights concerning the child in connection with whose birth there was a right for a maternity capital). Maternity capital also violation of an order of submission of such statement can form the basis for refusal in allowance of the application on the order (for example, violation of terms of the statement or failure to provide necessary documents).

If you decide to use means not at once, and in parts, then keep in mind that the instruction in the statement for the order of the sum exceeding the size of means of a maternity capital of which you can dispose will also be the basis for refusal in allowance of the application. That is, it is necessary to specify previously the sum as the remained sum is subject to indexation taking into account rates of inflation, and body in which you filed a petition for the order, can not always precisely know about the size of the rest of a maternity capital on the date of the address with the statement for the order.

After elimination of the bases for refusal, for example, of lifting of restriction in the parental rights, the repeated address of the interested person with the statement for the order means of a maternity capital in the general order is allowed.

The decision on refusal in satisfaction can be appealed in a higher body of the Pension fund or by submission of the statement of claim in court.

In case of allowance of the application about the order, the Pension fund, in accordance with the established procedure and in the terms established by the Government, provides money transfer, according to the statement for the order.

When you dispose of means in full, the Pension fund will notify you on the termination of the right for additional measures of the state support.

In spite of the fact that the sum of means of a maternity capital seems to much ridiculous to think of what to direct it to, follows in advance. Perhaps, in some families there will even be disagreements concerning the choice of such direction. Possibly, and in your family the correct solution will be found not at once and debate on this matter with members of household is coming you. Everyone will have, true, an explanation of expediency of the choice of this or that direction. Try to approach the solution of this difficult question structurally.

After you chose the direction for the order as means, collect all necessary information. For example, if you decided to allocate means for education of the child, collect information on all educational institutions to choose educational institution in which you want to train the child. Specify what of these educational institutions do not conform to requirements of the legislation for the direction of funds of a maternity capital for payment of training in such institutions. Consider what in addition the sum you should pay for training and whether you have an opportunity to collect such sum. It is necessary to collect additional information, first of all, to understand whether you can, having used support of the state, in full to fulfill the undertaken obligation for improvement of living conditions or on any to another, chosen as you, to the direction.

Remember - the future of our children only in our hands!