Rus Articles Journal

Resolution of the government of Moscow No. 206 - Software of April 06, 2004. “About compensations to children without parental support“

About Monthly compensation payment to separate categories of children without parental support (with changes of November 23, 2004)

For rendering targeted social support to the separate categories of children without parental support living in the city of Moscow, and according to the resolution of the government of Moscow from 13. 01. 2004 No. 5 - software “About results of realization of actions for social protection of Muscovites in 2003 and about the Comprehensive program of measures of social protection of residents of Moscow for 2004“ the Government of Moscow decides:

to Establish to
  1. monthly compensation payment to the children till 18 years transferred to education to a family (under guardianship (guardianship), a foster home, on foster education) or in establishment for children - orphans or children without parental support, and not having the right for the alimony and for any type of provision of pensions by the existing federal legislation.

    The children transferred to education to the state are among above-mentioned children:

    • according to the statement of mother for a consent to adoption (adoption) (negative);
    • under the act of law-enforcement bodies of bringing of the thrown or got lost child (foundlings);
    • under the act of leaving of the child in lechebno - preventive establishment (left).

    Children from among listed in the present point which parents were deprived of the parental rights subsequently have the right for establishment of monthly compensation payment if the court did not make the decision on collecting the alimony from parents or execution of a judgment on collecting the alimony it is impossible.

Monthly compensation payment is established by
  1. at a rate of a basic part of work pension on the occasion of the loss of the supporter provided by paragraph 1 of article 16 of the Federal law “About work pensions in the Russian Federation“ for the children who lost both parents.
  2. by
  3. to Approve the Order of establishment and payment of monthly compensation payment to separate categories of children without parental support (appendix).
  4. to Department of social protection of the population of the city of Moscow to organize work on implementation of the present resolution.
  5. to Department of Education of the city of Moscow and Department of health care of the city of Moscow to organize work in subordinated establishments on ensuring timely and high-quality preparation of documents for establishment of monthly compensation payment and their representation in social security authorities of the population of the city of Moscow in the location of establishment.
  6. to Ask agencies of guardianship and guardianship to provide timely delivery of the documents of title necessary for purpose of monthly compensation payment.
  7. Financing of the expenses specified in paragraph 1 of the present resolution to carry out
  8. for the account and within the means provided in city budget of Moscow to Department of social protection of the population on implementation of the Comprehensive program of measures of social protection of residents of Moscow.
  9. to impose Control over the implementation of the present resolution on the First Deputy Mayor of Moscow in the Government of Moscow Shvetsova L. I.


of

the Order
of establishment and payment of monthly compensation payment to separate categories of children without parental support
(with changes of November 23, 2004)

  1. the Real Order of establishment and payment of monthly compensation payment to separate categories of children without parental support (further - the Order), regulates questions of appointment, recalculation and payment of monthly compensation payment to separate categories of the children without parental support who are not receiving pensions and the alimony.

    The resolution of the Government of Moscow of November 23, 2004 No. 802 - software to point 2 of the annex to the present resolution made changes

by
  1. the Right for monthly compensation payment the minor children without parental support taking the residence in Moscow, transferred to education to a family or to establishment for children - orphans and children without parental support, in the absence of the right to pension at them or the alimony by the current legislation have:
    • (negative) transferred to education to the state according to the statement of mother for a consent to adoption (adoption);
    • delivered under the act of law-enforcement bodies of bringing of the thrown or got lost child (foundlings);
    • delivered under the act of leaving of the child in lechebno - preventive establishment (left).

    Children from among listed in the present point which parents were deprived of the parental rights subsequently have the right for establishment of monthly compensation payment if the court did not make the decision on collecting the alimony from parents or execution of a judgment on collecting the alimony it is impossible.

  1. Monthly compensation payment is appointed to the children specified in point 2 of the Order before achievement of age of 18 years by them.
  2. Monthly compensation payment is appointed irrespective of the fact of finding of children without parental support, on full state providing.

    Children to whom monthly compensation payment is established keep the right for its receiving in case of their adoption.

Monthly compensation payment is appointed and paid to
  1. by social security authorities of the population of the city of Moscow at the place of residence of the minor.

    In case the lawful representative of the minor is the relevant institution, the application is submitted to a social security authority of the population in the location of this establishment.

Purpose of monthly compensation payment is made by
  1. on the basis of the application submitted by the lawful representative of the minor (the relevant institution in which the minor lives; trustee (trustee); adoptive parents; foster tutor).

    The minor who reached age of 14 years and received the passport has the right to address, with the consent of the lawful representative, for purpose of monthly compensation payment independently.

    the Resolution of the Government of Moscow of November 23, 2004 No. 802 - software changes

have to be made to point 7 of the annex to the present resolution by
  1. the following documents are attached To the statement for purpose of monthly compensation payment:
    • birth certificate of the minor;
    • the certificate of the status of the minor (is given by agencies of guardianship and guardianship or establishment in which the minor, on the basis of available lives: statements of mother for a consent to adoption (adoption); the act of law-enforcement bodies of bringing of the thrown or got lost child; the act of leaving of the child in lechebno - preventive establishment);
    • the certificate of the place of residence of the minor (is given: administration of establishment for children - orphans and children without parental support; agencies of guardianship and guardianship; housing bodies or local governments);
    • about non receipt by the minor of the alimony (the reference of body of guardianship and guardianship, establishment for children - orphans and children without parental support, at the place of residence of the minor);
    • about non receipt by the minor of pension (the reference of the bodies which are carrying out provision of pensions for the residence of the minor);
    • about powers of the lawful representative (the copy of the decision on guardianship (guardianship), contracts on transfer to a foster home, on foster education).
    the Application for purpose of monthly compensation payment is considered by

    not later than in 10 days from the date of reception of this statement with all necessary documents.

    If the child`s parents (negative, the foundling left) were deprived of the parental rights subsequently, then are in addition applied:

    • the copy of a judgment about deprivation of parents of the child of the parental rights;
    • the document on impossibility of execution of a judgment on collecting the alimony (the copy of a judgment about stay of executive production or the resolution of the bailiff on the end of executive production - is provided only if to parents the court assigned a duty to pay the alimony).
Monthly compensation payment is established by
  1. at a rate of a basic part of work pension on the occasion of the loss of the supporter provided by paragraph 1 of article 16 of the Federal law “About work pensions in the Russian Federation“ for the children who lost both parents.

    The amount of monthly compensation payment is subject to recalculation in the order established for indexation of a basic part of the work pensions provided by the Federal law “About work pensions in the Russian Federation“.

    the Resolution of the Government of Moscow of November 23, 2004 No. 802 - software to point 9 of the annex to the present resolution made changes

by
  1. Monthly compensation payment is appointed from the first date in which the application with all necessary documents is submitted.

    To the children having the right for monthly compensation payment at the time of entry into force of the present resolution of the government of Moscow to appoint monthly compensation payment since January 1, 2004 on condition of the request for it in social security authorities of the population of the city of Moscow within three months from the date of its publication.

    In case not all necessary documents are enclosed to the application, the social security authority of the population gives (on receipt) to the person who addressed for monthly compensation payment, an explanation what documents have to be submitted in addition, and renders assistance in their receiving. The applicant submits the documents having a direct bearing on him (the birth certificate; a judgment about adoption; the certifying powers of the lawful representative; a judgment about deprivation of parents of the child of the parental rights; document on stay or end of executive production on collecting the alimony). All other documents necessary for purpose of monthly compensation payment, the authorized body of social protection of the population as the holder of “one window“ requests.

Payment of monthly compensation payment is made by
  1. by transfer of money to the personal account of the minor (the trustee, the trustee, the adoptive parent, the foster tutor, the adoptive father) opened in Sberbank branches of the Russian Federation or JSC Bank of Moscow or through office of a mail service at the place of residence of the minor (in case of his accommodation in a family).
  1. Payment of monthly compensation payment stops in cases:
    • of achievement of 18 years by the minor of age;
    • of appointment to the minor of pension by the current legislation or obtaining the alimony;
    • of moving of the minor out of borders of Moscow;
    • of death of the minor.

    Payment of monthly compensation payment in connection with achievement minor age of 18 years stops from the next day after execution to it 18 years; in all other cases - from the first date following after a month in which there came above-mentioned circumstances.

    by

    the Lawful representative of the minor (administration of establishment, the trustee (trustee), adoptive parents, foster tutors, adoptive parents) or the minor who addressed for establishment of monthly compensation payment independently, are warned about a duty to inform urgently a social security authority of the population of the city of Moscow on occurrence of the circumstances involving the termination of payment of monthly compensation payment.

  1. of the Sum of monthly compensation payment, not received in connection with death of the minor, do not join in structure of inheritance and are not subject to payment.
  2. the Questions of establishment and payment of monthly compensation payment which are not settled by the real Order are solved in the order established for appointment and payment of social pensions, provided by the federal legislation.