Lonely mother and the law
Considering, that it is necessary single mothers much more difficult, than to full families, the state legislatively provided for them various privileges and guarantees. To a regret, many single mothers still do not know the rights or learn about them too late.
Who admits lonely mother
Mother is not considered lonely if the child has an official father. In this case it is meant these words that in the birth certificate the person acting as the child`s father, even provided that he is not his biological parent is entered. Let`s consider such situations.
If spouses consist in the registered marriage, then the husband of mother of the child is considered the father of the child if other is not proved. Entry about the father of the child is made on the basis of the marriage certficate according to the statement of one of parents. Bodies of the REGISTRY OFFICE will register the child on the spouse, and such mother will not be considered lonely even if the child is not a child of her husband. Also former spouse is considered a father if from the moment of divorce or recognition its invalid, and also from the moment of death of the husband there passed no more than 300 days. The paternity makes sure record about their marriage (item 2 of Art. 48 of the Family code of the Russian Federation - further the RF IC). In this case the child is registered on the former spouse, and such mother is not considered lonely. If from the date of death of the parent there passed less than 300 days, then such mother also does not admit lonely. The child is registered on the dead, and the family is granted an allowance in connection with loss of the supporter. If father of the child deprived of the parental rights, then and in this case mother is not considered lonely.
In case parents of the child do not consist in the registered marriage, then data on the father are entered on the basis of the act of paternity proof, but provided that the paternity is established along with registration of the birth of the child. In this case the joint statement of parents is necessary. Such voluntary paternity proof means that the woman is not lonely mother even if this man with her does not live.
in case of death of the person who recognized itself as the child`s father, but was not married to the child`s mother, the fact of recognition of paternity by it can be established as special legal proceedings (the Art. 50 RF IC, subitem 4 of item 2 of Art. 264 of the Code of civil procedure of the Russian Federation - further GPK Russian Federation).As well mother, and the father can establish to
paternity in a judicial proceeding if, for example, the woman refuses to register paternity voluntarily or the father of the child refuses to recognize himself it as the parent (the Art. 49 RF IC). If the paternity or recognition of paternity is established in a judicial proceeding, then the woman will not be considered as lonely mother.
Thus, women treat lonely mothers if in the birth certificate of the child there is no record about the father in general or such data are written only according to instructions of mother, but not the joint statement with the child`s father.Pluses and minuses of a crossed out section in the birth certificate Some bodies of the REGISTRY OFFICE recommend to lonely mothers not to write
in the birth certificate even of the fictitious father, it is simple to put a crossed out section. It will exempt you further from a number of problems. Let`s say you decided to have a rest abroad. As according to the RF IC parents have the equal rights and perform equal duties concerning the children, the trip requires notarially certified consent of the second parent that he does not object to a trip. In this case the crossed out section in the birth certificate will relieve you at customs of need to explain that “father“ fictitious. One more example: if parents are registered to different addresses, then continuous registration of the child with one of them requires a consent of the second parent that it not against such registration. Or you decided to marry and future husband wishes to adopt your child, or it is required to go abroad on permanent residence - everywhere in these cases a consent of the father entered in the document. In the law there are many situations when commission of any actions which concern the child requires a consent of the father or the second parent. Thus, if the child has no father, then need for each case to write joint statements or to go to the notary disappears.
But also the reverse of the medal is. So, for example, the child has no right for the alimony as alimentary obligations arise only at parents, and it needs to be documented. In addition, according to the Civil Code of the Russian Federation, children treat successors of the first stage. But the child will not be able to inherit property from the actual father if officially about it there is no record anywhere.we will pass
to privileges Now. It is necessary to tell that not really there is a lot of privileges for lonely mothers, but they are.
Welfare payment for the child before achievement of age of sixteen years by it (on the pupil of educational institution - before the end of training by it, but no more than before achievement of age of eighteen years by it) in families with the average per capita income which size does not exceed the size of a living wage in the subject of the Russian Federation established according to the Law on a living wage (The law on welfare payments to citizens of the having children of May 19, 1995 No. 81 - Federal Law) makes 70 rubles. The size of a monthly allowance on the child increases by hundred percent for children of lonely mothers, i.e. makes 140 rubles.
to receive this benefit, it is necessary to address in social security authorities of the population at the place of residence.
Documents grants, necessary for registration:
- birth certificate of the child;
- the reference from ZhEK that the child lives with the parent;
- service record;
- savings book;
- passport of the parent.
of the Data on the income of a family is specified in the statement in writing. The requirement of other documents on the income is not allowed.
the Notice of purpose of a monthly allowance to the child or of refusal in purpose of the specified grant has to be sent to the applicant by a social security authority of the population not later than in 10 days after the address.the preliminary answer notifying on carrying out such check has to be given to
In need of additional verification of data on the income of a family specified in the statement in the time stated above by a social security authority of the population. When carrying out additional check the final answer about appointment or about refusal of a monthly allowance on the child has to be given to the applicant not later than in 30 days after the address. The applicant can appeal against refusal in purpose of a monthly allowance to the child in the higher body of social protection of the population granting and paying this allowance, and (or) in a judicial proceeding.by
of the Privilege at payment of a care allowance for a sick by the child
For lonely mothers provided differences in payment of a care allowance for a sick by the child.such allowance is granted to
At hospitalization in a size determined depending on duration of the continuous seniority of the person which is carrying out care of the child. At out-patient treatment - for the first 10 calendar days to lonely mothers depending on duration of the continuous seniority, and since 11 - go day the grant is estimated of 50% of earnings irrespective of duration of the continuous seniority.
the Care allowance for a sick the child aged till 7 years is given mothers for the entire period of out-patient treatment or joint stay with the child in medical institution, and a care allowance for a sick by the child aged from 7 till 15 years - during no more than 15 days if on medical certificate bigger term is not required (The provision on an order of providing with grants on the state social insurance).
the Labour code provides the guarantees concerning lonely mothers at cancellation of the employment contract at the initiative of the employer. With this category of workers cancellation of the employment contract on the following bases is not allowed:
- reduction of number of staff of workers;
- discrepancy of the worker of a post owing to insufficient qualification;
- change of the owner of property of the organization;
- adoption of the unreasonable decision by the head of the organization, his deputies and the chief accountant which caused violation of safety of property, its unauthorzsed use or other damage to property of the organization;
- of the termination of the admission to the state secret if work demands such admission.
At liquidation of the enterprise to lonely mothers provide guarantees. So, by the Decree of the Russian President of June 5, 1992 No. 554 “About obligatory employment of separate categories of workers at liquidation of the enterprise, establishment, organization“ it is established that at liquidation of the enterprise, establishments, the organizations obligatory employment of the dismissed pregnant women, and also women having children under 3 years, lonely mothers with children to 14 years or with the child - the disabled person till 18 years is carried out by his assignee. The subsequent employment of the woman lays down on shoulders of her employer.by
If in the collective agreement enshrined a guarantee of providing annual additional vacation without preservation of a salary (Art. 263 of TKRF), then according to the statement of the lonely mother who is bringing up the child aged till 14 years annual additional vacation without preservation of a salary in convenient time lasting up to 14 calendar days has to be granted to it. Such holiday can be attached to the annual paid vacation or is used separately - completely or in parts. Transferring of this holiday the next working year is not allowed.
of the Working lonely mother, bringing up the child - the disabled person, are provided 4 additional paid the day off in a month.
Certain privileges are provided also by the tax law. According to software, 4 items of 1 St. 218 The tax code the standard tax deduction of 300 rubles for every month of the tax period on each child of taxpayers on whose providing there is a child, the parents who are parents or spouses, trustees is provided to taxpayers. This privilege works about one month in which their income estimated in the accruing result since the beginning of the tax period (concerning which the tax rate established to item 1 of Art. 224 of the Tax code is provided) the employer providing this standard tax deduction exceeded 20 000 rubles. Since a month in which the specified income exceeded 20 000 rubles, the tax deduction provided by the present article it is not applied. This deduction is provided for lonely parents in a double size.by
In the Tax code of the Russian Federation the lonely parent is understood as one of parents who is not consisting in the registered marriage, that is lonely mother can count on a double deduction only before marriage.
Lonely mother has the right to a tax deduction of maintenance costs of the child before achievement of age by it till 18 years.
For example, your salary makes 5000 rubles.If you do not provide to
in accounts department the Birth certificate of the child, then receive 78 rubles less, that is:
Will withhold from a pay: = 650 rub
Receive 5000x13% (income tax) on hands: 5000 - 650 = 4350 rub
Tax (preferential) deduction: 5 000 - (300x2) = 4400 rub
Income tax: = 572 (will withhold from a pay)
Receive 4400x13% for hands: 5000 - 572 = 4428 rub.
from January to April inclusive as since May the income will exceed 20 000 rubles.Housing guarantees
According to item 8 of article 36 of the Housing code of RSFSR (ZhK RSFSR) first of all premises are provided by
to lonely mothers, but only in case they need improvement of living conditions. The bases of recognition of citizens needing improvement of living conditions are listed in article 29 ZhK. Belong to such categories:
to lonely mothers together with their minor children other premises (item 12 of Art. 108 of ZhK RSFSR) have to be provided to
- the citizens having security with living space are one family member lower than the established level;
- the citizens living in the premises which are not meeting the health and technical requirements;
- the citizens living in the apartments occupied by several families if in their structure there are patients suffering from severe forms of chronic diseases at which cohabitation is impossible;
- the citizens living in adjacent uninsulated rooms on two and more families in the absence of the related relations;
- the citizens living in hostels except for seasonal and temporary workers, and also in connection with training. For receiving the right for prime granting premises it is necessary to address to local bodies for the residence and to be registered in quality of the person needing improvement of living conditions.
At eviction from office premises. Eviction without granting other premises is not allowed.
According to the Resolution of the Government of the Russian Federation from 01. 07. 95 No. 677 “About the adoption of the standard provision on preschool educational institution“ - in preschool educational institution first of all are accepted children of the working lonely parents. Payment on keeping of children of lonely mothers in preschool institutions is reduced by 50%.
It is standard - by legal acts of territorial subjects of the Russian Federation side benefits for this category of citizens can be provided.
of the Privilege in Moscow
Each territorial subject of the Russian Federation can accept in addition privileges for lonely mothers. So, in Moscow besides all-federal there are side benefits.
for many years the government of Moscow adopts the Comprehensive program of measures of social protection of the inhabitants. The sizes of grants and payments to the families having children are provided in this program. As for lonely mothers, for them the following grants are provided.
Monthly compensation payment on children to the lonely mothers having the average per capita income:
- below a living wage (receiving benefit of the Russian Federation) 500 rubles;
- above a living wage - 170 rubles.
Also put monthly compensation payment on food of children till three years to lonely mothers irrespective of the average per capita income in the size of 500 rubles. It first of all concerns large and student`s families, a family with children - disabled people, the military personnel at the call of, and also cases of finding of the parent in search for failure to pay the alimony.by
besides, the Resolution of the government of Moscow of April 6, 2004 No. 199 software established an additional lump sum to young families in connection with the child`s birth. But it is necessary to tell that also lonely mothers till 30 years having registration at the place of residence in Moscow have the right to this grant. The size of such grant depends on sequence of the birth of the child and makes:
- at the birth of the first child - the fivefold size of a living wage established by the Government of Moscow per capita, i.e. 3611,45x5 = 18057,25 rubles;
- at the birth of the second child - the sevenfold size of a living wage, i.e. 3611,45ő7 = 25280,15 rubles;
- at the birth of the third and the subsequent children - the tenfold size of a living wage, i.e. 3611,45ő10 = 36114,5 rubles.
Also dla of lonely mothers are provided privileges on payment for training at children`s schools of arts (musical, art and others) systems of Committee on culture of Moscow. The amount of payment for children of lonely mother 30% lower than usual payment. The privilege extends to pupils of schools of arts before achievement of age of 18 years by them. In training cases at schools of arts of the citizens who reached 18 years and having disability 1 - y or 2 - y groups, the size of a tuition fee decreases by 30% (the order of Committee on culture of the government of Moscow of May 6, 2002 No. 205).Children of lonely mothers can use
also free school food, in, for example the cost of a breakfast of pupils of 1 - 4 classes makes 12 - 14 rubles a day, and two times food of pupils from having many children and socially unprotected families (a breakfast, a lunch) will cost to the Moscow budget 37 - 44 rubles a day.
Anyway if lonely mother wants to receive any privilege or to learn about that, she should address to committee of social protection on the residence where inspectors are obliged to tell it about all orders, privileges and payments operating in concrete area.