Registration of maternity capital by the father. Does the father have the right to maternity capital? Power of attorney for registration of maternity capital

father of a child is possible only under certain circumstances, which will be discussed later. If dad has every reason to receive such a certificate, he should come to the Pension Fund at his place of residence, providing the following documentation:

1. Identification document (passport).
2. A birth certificate of children or a document proving the fact of adoption with a mandatory insert indicating the citizenship of the children.
3. A document confirming the status of a single father. Such a document may be the mother’s death certificate or a certificate of her deprivation of parental rights.
4. Application for issuance of a certificate with financial assistance. A sample can be found at the Pension Fund branches.

As soon as the father provides all the documents, verification of their authenticity will begin, which will last for a month. The applicant will be notified by mail of the results of the verification. If the decision to issue maternity benefits is positive, the notification indicates the date when the certificate can be received.

If the answer is negative, the notification states the grounds for refusal, which can be appealed in court if it contradicts current legislation.

In what cases are you entitled to capital?

The father of children can claim maternity capital in the following cases:

1. Dad has Russian citizenship and is considered the only parent/adoptive parent. In this case, the applicant must have documents proving legal paternity.
2. When the mother of the children lost her right to receive a maternity certificate. Under such circumstances, the right to financial payment automatically passes to the father, even if he is not a citizen of the Russian Federation.

The mother's right to receive a family capital certificate may be lost under the following circumstances:

• the woman died, was declared dead, and there are relevant documents for this;
• the mother was deprived of parental rights in relation to the child, with whose birth the right to receive material payments became available;
• a woman committed a crime against her children, which is characterized as a crime against the person;
• adoption of a child by a mother, through which it was possible to take advantage of maternity benefits, was cancelled.

In what cases may a father be denied a certificate for receiving maternity benefits:

1. A man cannot claim financial benefits if he is a stepfather and not a natural father or legal adoptive parent.
2. If the mother died and the court declared the child an orphan, then in this case the father also cannot exercise the right to payments.

What should a father do with maternal capital?

Improve living conditions. You can pay off the mortgage or loan that was obtained to purchase a home. Maternity capital can participate in a housing construction cooperative, in the renovation or construction of a house, shared construction, reconstruction and repair of a house with an expansion of living space.

Give to children education. Funds from family capital can be spent on paying for educational institutions, kindergartens, and child accommodation in a student dormitory.

Form a cumulative pension.

It should be remembered that you can use the certificate only after the child is over three years old. The exception is when you need to repay the mortgage loan principal and pay interest. Remember that it is now possible to get .

In addition, cashing out maternity capital is prohibited. Therefore, if someone offers you to “withdraw” funds from maternity capital, then this action will be illegal, and most likely, such an offer will come from scammers.

What else do you need to know?

There are some general rules regarding maternal certificates:

• You can receive maternity benefits only once;
• if the benefit amounts change, the issued certificates cannot be replaced;
• You can apply to the Pension Fund to receive a state certificate at any time after the birth of your second and subsequent children;
• family capital is not subject to taxation;
• if the certificate is lost, a duplicate is issued to the Pension Fund at the place of residence;
• if it is not possible to personally come to the Pension Fund with an application for maternity benefits, then you can send everything necessary documents by mail or through a proxy.

If it so happens that the children are left without a mother, then the father’s task is to single-handedly provide them with a decent future. Maternity capital will allow the whole family to move to a larger new apartment, build a cozy house, study at a prestigious institution. The main thing is to know the rights of your family and demand a certificate to receive family capital. Now it is possible to get .

The problems that may arise when a father receives maternity capital are described in the video below.

One of the most effective measures to support families is the provision of funds from the federal budget under the MK program. This right accrues to the mother at the birth of a second or subsequent minor citizen; through MK, the living conditions of the entire family can be improved. Can a father receive maternity capital? The answer to this question can be found in the presented material.

Does the child’s father have the right to MK in 2020

Since the allocation of these funds is directly related to the birth of children, in a normal situation the mother applies for a certificate or an order from the MK.

Nevertheless, this program is aimed at supporting the family, so a man has equal rights to use state support funds.

In two cases, it is allowed to directly issue maternity capital to the father:

1. If the mother of the children has died, been declared dead, or has been deprived of parental rights in relation to the child, in connection with whose birth the right to receive a maternity capital certificate arose. She also intentionally committed a crime against the person of the specified child or canceled his adoption. It does not matter whether the father is a citizen of the Russian Federation.
2. If a man is the sole adoptive parent of a second, third child or subsequent children, who has not previously exercised the right to receive maternity capital. Provided that the court decision came into force on January 1, 2007.

Can a father receive maternity capital if the specified grounds are absent, but the children’s parents themselves decided to send him to the Pension Fund authorities for paperwork? No, the receipt of maternity capital by a man is associated only with the two listed circumstances.

Pay attention! In the case of the adoption of a second or subsequent minor, a certificate will be issued to the father of the children if the adoption took place after January 1, 2007. It was from this date that the MK program started.

Conditions for receiving MK by the father

How can a father receive maternity capital if his mother has lost the right to such a measure of social support from the state? Official confirmation of one of the following grounds is required under which a woman loses the right to MC:

1. death of mother or official recognition of her death;
2. deprivation of parental rights in relation to a minor citizen, whose birth was the basis for receiving MK;
3. committing a deliberate crime against the person of one or all of one’s own children;
4. cancellation of adoption, which gave the right to receive MK funds.

Attention! Deprivation of parental rights and the commission of a crime must be properly confirmed by a judicial act.

How can a father obtain maternity capital if he does not have court decisions confirming that his wife has lost the right to a certificate? In this case, it is necessary to contact the judicial authorities in which the deprivation of rights took place or the criminal case was considered against the mother of the children. Without presenting the specified documents, PF institutions have the right to refuse to issue a certificate.

How can a man get an MK certificate in 2020?

Registration of the MK certificate and consideration of the mother’s application for the allocation of funds is within the competence of the territorial institutions of the Pension Fund. Can a man receive maternity capital from these authorities or is there a special procedure for this?

Obtaining maternity capital in this case will require the submission of the following documents:

• the applicant's general passport;
• SNILS;
• birth certificates of all minor children or judicial acts on their adoption;
• documents confirming the loss of the right to receive MK funds by the mother of the children (for example, a court decision on deprivation of parental rights).

In addition, when contacting the Pension Fund authorities, you will need to fill out an application indicating the grounds for the man’s right to MK funds.

Pay attention! The specified documents for the father to receive maternity capital are provided when applying for an MK certificate.

Another set of documents is attached to the application for disposal of these funds.

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What can a father spend MK funds on?

For a man, the ways of managing MK funds are limited, compared to the mother of minor citizens.

The use of MK funds by the father in 2020 is allowed for the following purposes:

• improving the family’s living conditions (purchase or construction of housing, as well as its reconstruction);
• payment for children's education;
• acquisition special means for social adaptation of children with disabilities;
• monthly payments for the second child in the family until he turns 1.5 years old (from 2020 - 3 years).

This method of disposal, such as directing MK funds to the funded part of the pension, is available only to women. A man will not be able to exercise this right.

Can a father receive maternity capital in the form of cash? No, this method of disposing of MK is not allowed even when the mother of the children applies.

Do you need information on this issue? and our lawyers will contact you shortly.

Required documents

Receipt of maternity capital by the child's father for disposal for these purposes is possible only after submitting the following documents.

The circumstances of life are such that sometimes people have to change roles and men are forced to play the role of not only a father, but also a mother for their child. The state benefit for the birth of the second and subsequent children is called, that is, it is understood that the mothers of the children receive it. But now, thanks to amendments to the law, single fathers have the right to this type of financial assistance.

Evolution of legislation

Previously, maternal capital did not automatically become paternal capital when life situations arose when the father assumed the functions of the mother. Men raising children themselves had to prove their right to own a certificate in court. For example, Alexander Afanasyev from Neftekamensk is raising children alone, because the mother of one of the children was deprived of parental rights, and the mother of another died. The man sought to obtain a certificate for more than a year, but was able to prove his right in the Supreme Court. This is an exceptional case.

Now each application is considered individually, and the original law on providing assistance to families in the form of maternity capital has changed significantly. Now fathers raising two or more children can get it.

What is maternity capital?

Maternity capital is one of the types of state assistance to families with Russian citizenship at the birth of a second, third or more children between the beginning of 2007 and the end of 2017. The Russian Pension Fund reviews applications and issues maternity capital. Capital is not subject to personal income tax and is provided not to the born child, but to his parents, so the distribution of capital can only be carried out taking into account family needs.

Reasons for a father to receive a certificate

Legally, the right to receive maternity capital arises under the following conditions:

1. When a father becomes the sole adoptive parent of two or more children in an official adoption that occurred no earlier than 2007.
2. When a mother is deprived of her rights to children.
3. If a woman refuses to adopt a child.
4. If a woman is declared dead, then regardless of whether the father is a citizen Russian Federation, he can get this kind of help.

A man cannot receive a certificate if:

• He is not the natural father or adoptive parent of the previous child, but a stepfather.
• After the death of the mother, the child was recognized as left without guardians, that is, an orphan.

Prove your right!

Previously, the law did not provide for assistance to fathers who have children from different women, if the mothers were not citizens of the Russian Federation. The impetus for introducing changes to the law on material support for families in the form of maternity capital was the case of Denis Shestakov from Perm, who has three children from different mothers. Two mothers of the older children died tragically, and with the third wife (the mother of the youngest child) father of many children lives in a one-room apartment. Total - five people in small-sized housing. Shestakov applied to the Pension Fund of the Perm Territory to issue him a certificate for two children from his previous wives, but was refused. It was explained to him that according to the law, only the adoptive father of several children has the right to a certificate.

Shestakov went to court and won the case. Since maternity capital is a measure of financial support large family, Shestakov fully fits into this standard. After this incident, changes were made to the law and fathers raising children from different women have the opportunity to receive assistance in the form of maternity capital.

Documents for obtaining a certificate by the father

1. Application for obtaining a certificate according to the established model.
2. Your passport.
3. Birth or adoption certificates of children with a mandatory insert confirming their citizenship.
4. A certificate confirming the death of the child’s mother, or a certificate stating that the woman was deprived of her rights to children.

After the applicant collects all the necessary certificates and documents, the Pension Fund verifies their authenticity within a month. The result of the check is sent to the father’s place of residence in the form of a notification, which indicates whether the issuance of a certificate for the father to receive assistance to families in the form of maternity capital is allowed or not. If the Pension Fund has given the green light to issue a certificate, the notification will indicate the date when it can be received. For what purposes maternity capital funds are allowed to be distributed is specified in the law.

Can a father receive maternity capital? It is not at all difficult to answer this question: a definite “yes”.

Maternity capital: how to get it, why you need it

However, earlier (before 2007) everything was different. If the mother, due to some circumstances, did not have the opportunity to receive it, then for her husband he always remained an unattainable dream. And only in January 2007, due to the repeated appeals of men to the courts and positive decisions in their favor, federal law, namely, it is the main normative document regulating issues related to maternity capital (hereinafter referred to as MK), amendments were made.

On January 1, 2007, according to legislative norms, Russians whose families had a second, third, and so on child acquired the right to MK. In monetary terms for 2016, this amount is 453,026 rubles. Each subsequent year it is revised upward, the growth of which depends on the current inflation. And only 2016 stands apart in this list: it is customary not to carry out indexing.

Maternity capital is money allocated and sent by the state to the Pension Fund of Russia (hereinafter referred to as the Pension Fund of Russia) to support Russian families in which parents are raising the second, third, fourth, etc. child born (adopted) after 01/01/2007.

After certain actions, the Pension Fund transfers these funds in the form of certificates to the father. The certificate is a personalized document confirming the right to government support.

You need to understand that MK is provided for financial support for the whole family, and not for a specific child.

This means that it should be used only in the interests of the family. It is no coincidence that legislators allowed the father to spend funds on children's education or on mortgage payments.

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Maternity capital and men are reality

The right to state support is also granted to the husband if the following conditions are met:

• firstly, the father must be a Russian citizen, and, secondly, be the official adoptive parent, represented in the singular, of the second baby or subsequent children who have not yet exercised such a right, and the conclusion of the judicial authority on adoption must become effective with 01/01/2007;
• the mother or female adoptive parent (hereinafter referred to as the MFA) for a number of reasons was unable to realize her right to maternal capital, and it passed to the father (adoptive parent), whose citizenship no longer plays any role in this situation.

Such reasons for MFA may include:

• deprivation of parental rights in relation to the baby, with whose birth such a right arose;
• declaring her dead;
• death recorded legally;
• being found guilty of committing an intentional serious crime against one's child;
• cancellation by the court of a previously issued adoption order.

Answering in the affirmative the question whether a father can receive maternity capital, one should not forget that the father does not always receive such a right. There are a couple of situations when this seems to be an impossible task for him, namely: the previous child is brought in not by his natural father, but by his stepfather, and due to the death of his mother, the baby is recognized as an orphan.

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Maternity capital: how to get it and where to spend it

To receive maternity capital and manage it properly, you need to fill out a package of documents. For this purpose, the father needs to apply himself, through a trusted person, mail or multifunctional center, with an application of the established form to the territorial body of the Pension Fund and attach to it:

1. A passport allowing identification of the applicant.
2. Insurance certificate issued by the Pension Fund of Russia.
3. Birth certificate, and if children were adopted, a court decision.
4. Documents confirming the impossibility of an MFA acquiring the right to state support - a death certificate, a certificate of deprivation of her motherhood, a court order canceling a previously accepted adoption, etc.

After one month, during which specialists will review the specified information for completeness and accuracy, the results of the inspection, as well as the decision to issue a certificate or refuse it, will be communicated to the applicant by notification at the place of residence. If the outcome is positive, the date when he should appear for the certificate will also be indicated there.

According to the legislation of a family where the second child born or adopted is already 3 years old, they have the right to spend the entire amount or only part of it at once to complete one or more tasks. But these tasks are very strictly limited, and more specifically, there are only two of them.

1. Receipt of education by a son or daughter who has not yet reached the age of 25 in any Russian educational institution.
2. Improving family living conditions.

Of course, there are exceptions to every rule, and there are some here too. For example, without waiting for the end of a three-year period, maternity capital funds can be used to repay a mortgage or consumer loan, as well as interest on them, which were received for the purchase or construction of housing.

Having decided on the place where the MK should be sent and to what extent it should be present there, you need to submit an application to the local branch of the Pension Fund of the Russian Federation, where this information should be described in detail. The fund is given 1 month to review it. The certificate is issued within 90 days. And if somewhere any of the officials, due to their incompetence or for other reasons, do not want to issue maternity capital to the father, who has every right to do so, contact the local departments social protection and security or directly to court. Remember that the law is on your side.

Whether a father can receive maternity capital depends on many circumstances. But in order to still initiate the issuance of a personalized certificate in your name, you have to prove that the children’s mother cannot participate in their life and upbringing. Each situation has its own conditions and rules for using support.

What is maternity capital

An analysis of the housing conditions of Russians showed that only 30% of the population owns real estate that is not dilapidated or in emergency condition. The remaining residents are tenants of real estate under a social or commercial tenancy agreement, as well as owners of houses requiring urgent and thorough reconstruction or demolition.

Therefore, in order to provide monetary assistance to the population, it was decided to begin the implementation of a state program with a large monetary fund, which should additionally stabilize the demographic situation in the country. Thus, the current amount of subsidies was introduced, which is 453,000 rubles. ().

Since the government's budget reserves are not infinite, strict conditions were set to allow payments to be triggered. These include:

• the presence of two or more children related to the parent;
• the birth date of the babies should vary between 2007-2021;
• children must live together with their mother or father (if there is no mother);
• All children and the parent initiating payments must have Russian citizenship;
• permanent residence of the family in Russia.

Maternity capital is issued in the form of a cash Certificate. You can only transfer money directly to sellers of services and goods. That is, you won’t be able to get cash.

Also, according to the general rule, a personalized Certificate is issued in the name of the child’s mother. But there are also exceptions to this rule.

Who can receive maternity capital

Whether the father has the right to maternity capital depends on where the child’s mother is located. But such a possibility is allowed. In addition, also the owner cash may become an adult child of the family if both parents are absent.

In order to initiate payments, you need to prove the following aspects:

• relationship with children;
• living together with each child;
• lack of rights for mothers to raise children.

Important! The father will be able to obtain maternity capital even without prior registration marital relations with the children's mother. Also, when adopting a woman’s children, the father will be entitled to payments.

Conditions for receiving maternity capital by the child's father

The legislator has compiled a list of circumstances under which the husband may dispose of maternity capital. These include:

• adoption of a child registered after the beginning of 2007 (only facts are taken into account when the man participated in the adoption procedure on his own and was recognized as the only parent);
• the children’s mother has died or been declared missing and then the husband uses maternity capital funds;
• a woman has been deprived of parental rights or is in prison for committing crimes against her children.

If there are such grounds, and also if the family has not received such subsidies before, the father can apply to the Pension Fund for a personalized certificate. In this case, the amount of deductions will be equal to 453 thousand, and the registration procedure will be the same as for women.

Registration: necessary documents

Maternity capital, although presented in the form of a personalized Certificate, is a general subsidy that must be used for the entire family. Although the legislator is extremely reluctant to give permission to fathers to become holders of the Certificate.

But, if a man is left alone with two children, then he will have to perform the following actions:

• collecting a complete package of required documents (to speed up the process of submitting papers, it is advisable to immediately make one copy of each copy);
• submitting an application (the application is sent to the local division of the Pension Fund at the citizen’s place of registration);
• waiting for consideration of the application.

There are several ways to submit your application. The main ones include:

• personal appeal to the Pension Fund at your place of residence;
• provide, which operate in many cities of Russia;
• attracting a representative participating in the procedure on the basis of a notarized power of attorney.

The legislator not only fixes whether the father of the child can receive maternity capital, but also guarantees that the conditions for issuing the Certificate will be the same as for the mother. This also applies to the timing of consideration of the application. According to legislative changes that entered into legal force in 2016, the deadline for consideration of an application is one calendar month. 30 days is enough to verify the completeness and authenticity of the submitted papers, as well as the existence of grounds for obtaining a personalized Certificate.

If the decision is satisfactory, the man, after 10 days, will be able to pick up the security from the Pension Fund and store it until it becomes possible to sell government subsidies.

Documents that will be required at this stage include:

• personal passport (displaying place of registration and citizenship);
• personal documents of children;
• SNILS;
• a document confirming that the mother cannot take part in the Program (a court decision declaring the woman missing, a court decision on deprivation of parental rights or cancellation of adoption, death certificate).

Other documents may also be required, such as: tax payer code and bank account number to the balance of which certificate payments will be made in the future.

How can a father get a certificate if his mother is a foreigner?

The benefit is available only to those persons who are citizens of the Russian Federation, so many questions arise if one of the parents is a citizen of another state. If the mother is Russian and the father is a foreigner, then no problems will arise, since it is the mother who becomes the owner of the Certificate, and the money can only be sold within the state.

The situation is different if the man is a citizen of the Russian Federation, and the woman has only legal grounds for living in Russia. In this case, it will not be possible to apply for subsidies. If the children were born within the established time limits and only after that the woman received Russian citizenship, then payments can also be initiated.

When can a Certificate be refused?

Pension Fund employees are not very willing to issue certificates in the name of fathers. They carry out a multi-level verification of documents provided by the man. In particular, the following facts are taken into account:

• completeness of submitted documents;
• the reliability of the documents provided;
• the possibility for the mother to receive payments in favor of the children in the future.

Based on this, there are objective reasons for refusal to issue a Certificate. The first is the lack of mandatory documents. If a man applies to the Pension Fund in person, he is immediately pointed out that there are no papers and is required to submit additional certificates. In the case of a remote referral, you will have to face a justified and legal refusal. But this does not exclude the right to re-apply after eliminating the identified deficiencies.

Fraudulent actions on the part of men also occur. If at the document verification stage it is determined that the father deliberately submitted false papers, he will not only not receive payment, but will also become the subject of legal proceedings.

The most common reason refusal – lack of grounds for the father to receive payments. Thus, separation of divorced spouses, when children remain in the care of the father, is not the basis for issuing a Certificate for a man.