Maternity capital is one of the government support measures aimed at increasing the birth rate. This money can be used for one or more purposes at the same time.

General procedure for using maternity capital

Maternity capital can be used exclusively for the following purposes (Part 3 of Article 7 of Law No. 256-FZ of December 29, 2006):

• improvement of living conditions in the Russian Federation;
• education of the child (children);
• formation of a funded pension;
• acquisition of goods and services intended for social adaptation and integration into society of disabled children.

You can start using maternity capital no earlier than three years from the date of birth or adoption of the second, third child or subsequent children. The exception is cases when maternity capital funds are used to pay the down payment and (or) repay the principal debt and pay interest on credits (loans) taken for the purchase and construction of housing, as well as for the purchase of goods and services intended for social adaptation and integration to the society of disabled children. In such a situation, you can use maternity capital immediately after the birth of a child, without waiting for him to reach the age of three (Part 6, 6.1, Article 7 of Law No. 256-FZ).

At the same time, the use of maternity capital funds to repay the principal debt under a purchase and sale agreement before the child reaches three years of age is unacceptable (clause 4 of the Review, approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016).

There are no other restrictions on the period of use of maternity capital. The owner of the certificate can use it at any time at his own discretion.

Maternity capital can be spent simultaneously for several purposes (Part 4, Article 7 of Law No. 256-FZ). For example, part of the funds is allowed to be spent on improving living conditions, and part on the child’s education.

Note!

Maternity capital as a measure of state support of a targeted nature is not part of the joint property of the spouses, and therefore is not subject to division in the event of divorce ( clause 2 art. 34, art. 38 RF IC; clause 1 Letters of the Federal Tax Service dated July 1, 2016 N 2305/03-16-3).

Example. Maternity capital certificate received before divorce

The couple, who have two minor children, divorced their marriage in court. According to the court's decision, the children must live with their father. At the same time, the mother of the children has a maternity capital certificate received before the divorce. This certificate must remain with the mother. The law does not provide for the division of the certificate between spouses.

To dispose of maternity capital, the following documents are submitted to the territorial body of the Pension Fund of the Russian Federation (clause 2, Rules, approved by Order of the Ministry of Labor of Russia dated 08/02/2017 N 606n; clause 6, Rules, approved by Decree of the Government of the Russian Federation dated 12/12/2007 N 862):

• a written statement on the disposal of maternity capital;
• identification documents, place of residence (stay) of the certificate holder or representative of the certificate holder and a document confirming his authority;
• if necessary: ​​documents proving the identity of the spouse of the certificate holder, documents confirming the relationship of family members of the certificate holder (in particular, a marriage certificate), as well as permission from the guardianship and trusteeship authority to spend maternity capital in selected areas, if an application for disposal is submitted guardians (trustees) or adoptive parents of minor children, documents confirming the acquisition of full legal capacity by the minor child (children), if the application is submitted by the minor child (children).

Note. When applying for the disposal of maternity capital, we also recommend that you have with you the birth certificates of your children.

In addition to the above documents, depending on the chosen direction of spending funds, you will need documents confirming the purposes of using maternity capital.

An application for an order may be submitted/sent to the territorial body of the Pension Fund of the Russian Federation (clause 6, Rule No. 606n):

• personally or through a representative (at the place of residence/stay or actual residence);
• by mail;
• through the MFC;
• in the form of an electronic document.

In the first three cases, the necessary documents are attached to the application. In the latter case, the application is sent to the territorial body of the Pension Fund of the Russian Federation in the form of an electronic document through the Unified Portal of State and Municipal Services or the Pension Fund of Russia information system “Personal Account of the Insured Person”. Then the Pension Fund official sends the applicant an electronic notification of receipt of his application indicating the date of submission of the necessary documents to the Pension Fund. The deadline for their submission should not exceed five working days from the date the Pension Fund receives the application.

Note. Applicants who have left for permanent residence outside the Russian Federation and do not have a place of residence (stay) confirmed by registration in the territory of the Russian Federation, submit an application directly to the Pension Fund of the Russian Federation and submit a statement about the place of their actual residence in the territory of the Russian Federation ( clause 7 of Rules No. 606n).

The territorial bodies of the Pension Fund of the Russian Federation consider the application for disposal within a month from the date of receipt of the application with all the necessary documents. Based on the results of the review, a decision is made to approve or refuse the application, of which you will be notified within five days from the date of the decision. If the decision is positive, the money must be transferred to the chosen purpose within 10 working days from the date of the decision to approve the application (Parts 1, 3, Article 8 of Law N 256-FZ; Clause 17 of Rules No. 862; Clause 9 of the Rules, approved . Decree of the Government of the Russian Federation of December 24, 2007 N 926).

Note!

The use of maternity capital in various illegal schemes for the purpose of cashing out funds and their misuse (for example, for the purchase of a car, furniture, etc.) may entail demands from the Pension Fund authorities to return the corresponding amounts. If the actions of the certificate holder are recognized as fraud, criminal liability is provided in the form of a fine, or compulsory (corrective, forced) labor, or arrest. Punishment in the form of restriction or imprisonment is also possible ( Art. 159.2 Criminal Code of the Russian Federation). However, under certain circumstances, the court may exempt from criminal liability ( Art. 76.2 of the Criminal Code of the Russian Federation).

Improving living conditions in the Russian Federation through maternity capital

The law classifies the following cases as improvement of housing conditions for which maternity capital can be used (Article 10 of Law No. 256-FZ; clause 8 of Rule No. 862):

1) acquisition of residential premises;

2) construction of residential premises with the involvement of a construction organization;

3) construction or reconstruction of an individual housing construction project without the involvement of a contractor;

4) compensation for the costs of construction or reconstruction of an individual housing construction project (IHC);

5) payment of a down payment when receiving a credit or loan, including a mortgage, for the purchase or construction of housing;

6) repayment of the principal debt and payment of interest on loans or borrowings, including mortgages, for the purchase or construction of housing;

7) payment for participation in shared construction;

8) payment of an entrance fee as a participant in housing, housing construction, housing savings cooperatives, etc.

Note!

Acquired (built, reconstructed) residential premises using maternity capital funds must be registered as the common property of the owner of the certificate, his spouse, children (including the first, second, third child and subsequent children) with the size of shares determined by agreement. The legality of a transaction for the purchase and sale of housing using maternity capital funds, as a result of which only the children of the certificate holder become home owners, may be questioned ( Letter FNP dated 02/07/2013 N 216/06-11).

At the same time, a property that has not been completed and has not been put into operation must be registered in the common shared ownership of the owner of the certificate, his spouse, and children ( clause 5 Review, approved. Presidium of the Supreme Court of the Russian Federation 07/06/2016).

To use maternity capital for the above purposes, in addition to the standard kit, you will need to submit an additional set of documents to the territorial office of the Pension Fund of Russia, which will depend on the type of improvement of your living conditions you have chosen (clause 8 - , - , - Rules No. 862).

Obtaining education for a child (children) at the expense of maternal capital

Maternity capital can be used to pay for the education of a child (children), including the first, second, third child and (or) subsequent children, in educational organizations in the Russian Federation that have a license and state accreditation. You can pay for the education of both your natural and adopted child, provided that on the date of commencement of education the child’s age does not exceed 25 years (Parts 2, 3, Article 11 of Law No. 256-FZ).

Maternity capital funds can be used to pay for the maintenance of a child and (or) supervision and care for him in an educational organization of preschool education and (or) primary general, basic general and secondary general education (clause 8(1) of Rules No. 926). You can also pay for accommodation and utilities in a hostel provided to nonresidents for the period of study (clause 6 of Rules No. 926).

To use maternity capital for the education of children, in addition to the standard kit, depending on the type of educational services you have chosen, you must submit to the territorial office of the Pension Fund of the Russian Federation:

• documents confirming the purpose of using maternity capital to pay for the hostel and utilities in the hostel (clause 7 of Rules No. 926);
• an agreement between the educational organization and the certificate holder, including the calculation of the amount of the fee and the organization’s obligations to support the child and (or) supervise and care for him (clause 8(2) of Rules No. 926).

Note. It is also recommended that the agreement indicate the amount of funds allocated by the PFR authorities to pay for the child’s maintenance in the educational organization, the period for sending the funds, and the possibility of the educational organization returning unused funds to the territorial bodies of the PFR in the event of termination or expiration of the agreement ( Letter Pension Fund of Russia and the Ministry of Education and Science of Russia dated January 27, 2012 N N LCh-28-24/843, MD-36/03).

Formation of a funded pension using maternity capital

Maternity capital can be used to form a funded pension. This purpose of using maternity capital must be indicated in the application submitted to the territorial body of the Pension Fund. Only mothers or adoptive mothers can use maternity capital in this way (Part 1, Article 12 of Law No. 256-FZ).

Note!

Before the date of assignment of a funded pension, you can refuse to use maternity capital funds in the specified direction and direct them to other purposes provided for by law ( Part 2 Art. 12 of Law No. 256-FZ).

If, at the time of assigning a funded pension, a woman did not have time to dispose of maternity capital, then when assigning a funded pension, she has the right to take into account maternity capital funds as part of pension savings ( Part 5 Art. 12 of Law No. 256-FZ).

Purchasing goods and services for disabled children using maternity capital

Maternity capital can be used to purchase goods and services approved for circulation on the territory of the Russian Federation, intended for social adaptation and integration into society of disabled children, in accordance with an individual rehabilitation program. The use of maternity capital funds is carried out by compensating the costs of purchasing the specified goods and services (clause 4 of the Rules, approved by Decree of the Government of the Russian Federation of April 30, 2016 N 380).

Documents confirming the purchase of goods include sales contracts, sales or cash receipts, or other documents confirming payment. The availability of the purchased goods is confirmed by an act drawn up by the authorized body in the field of social services. The purchase of services is confirmed by an agreement on their provision (Parts 2, 3, Article 11.1 of Law No. 256-FZ).

Everyone has heard about this type of state assistance to families with children, such as maternity capital, but many are not aware of the existing restrictions on receiving and spending these funds. We propose to correct this knowledge gap.

Small one-time payments, deductions for children and monthly benefits are practically useless, but maternity capital is a significant form of support that really helps to put children on their feet. MoneyMan will tell you what new and future parents should know about this.

What is maternity capital and who is entitled to it?

In January 2017, a happy event occurred in the Karapuzov family of Karina and Sergei - the second long-awaited child, Kolya, was born. The parents’ first-born is 16-year-old Kostya.

Meanwhile, their friends Detochkin are also planning a new baby - the couple are expecting a daughter. However, the father of the family, Danila, already has a son from his first marriage, who lives with him and his pregnant wife Daria, who did not adopt her husband’s child.

Both families became interested in the possibility of receiving maternity capital, as they heard that a subsidy is given for the birth of a second child in the family. We suggest you find out whether parents will receive help from the state.

Terms of service

The main provisions relating to maternity capital are regulated by Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children.”

According to this act, maternity (family) capital (MSC) is federal budget funds that are sent to the Pension Fund of the Russian Federation for additional financial support for families with children.

Basic provisions for MSK:

The parent and child, whose birth (adoption) gives the right to receive MSC, must have Russian citizenship;
the right to a subsidy arises on the birthday (adoption) of the 2nd and subsequent children;
You can exercise your rights, that is, spend MSK, only after the child turns 3 years old, thanks to whose appearance the right to state assistance arose;
MSK can only be spent on certain purposes;
MSC can be spent partially and for various purposes permitted by law.

The following are eligible to receive MSK:

Mothers who gave birth or adopted a 2nd child after January 1, 2007;
mothers who gave birth or adopted a 3rd (or subsequent children) after January 1, 2007;
fathers who are the sole adoptive parents of the 2nd and subsequent children, if the court made a decision on adoption after January 1, 2007;
fathers if the mothers of their children died or lost parental rights, but had the right to MSC (regardless of the father’s citizenship);
children if their only parent died or was deprived of parental rights, but had the right to MSC.

In the latter case, the amount of MSC is distributed in equal shares among all children of the only parent.

Karapuzova Karina is the mother of two children (boys Kolya and Kostya), and Kolya was born in January 2017. It turns out that the mother gave birth to her second baby after January 1, 2007, which means the Karapuzovs will receive MSC.

But the Detochkins will not be able to get help. The fact is that capital is issued either to mom or dad (the conditions are listed above), and not to the family. It turns out that there are actually 2 children in the family, but Daria will have a first-born, who is legally considered her only child, because she did not adopt Danila’s son.

On paper, Daria will be the mother of only one child, although she is raising two children. In this case, the Detochkins cannot count on MSC. Daria will receive the right to state assistance only after the adoption of her husband’s child.

Maternity capital amount

According to the law “On Additional Measures...” the amount of maternity capital is 250,000 rubles. But thanks to indexations, by 2016 its size reached 453,026 rubles. However, in 2016, for the first time during the program, a decision was made not to index the size of the MSK.

The Federal Budget Law for 2017 confirmed that there will be no indexations in 2017. In addition, the president approved a law according to which indexation is frozen until 2020.

It turns out that in 2017, and in all subsequent periods until 2020, the amount of maternity capital is RUB 453,026 .

What can you spend maternity capital on?

As already mentioned, MSK can be spent strictly for certain purposes. The law specifies 4 areas for spending funds.

Improving living conditions

In accordance with this direction, MSC is spent on creating more comfortable living conditions for the family. You can spend money on:

buying an apartment or house;
participation in shared construction;
individual housing construction (IHC), in other words, the construction of your own home;
reconstruction of an individual housing construction project - repair, completion, expansion of area;
mortgage lending for the purchase of a house or apartment - a down payment or repayment of interest on the loan.

The last point is popular among recipients of state aid. Most often, MSC becomes a help for buying an apartment on credit, since the main “stumbling block” is always the down payment on an apartment.

Please note that when purchasing a home with a mortgage, a family does not have to wait until the child reaches three years of age - you can spend MSK on the mortgage even before this period.

You can also use the funds to cover interest on a mortgage agreement concluded before the birth of the child.

The Karapuzovs, as soon as they learned about the addition, immediately decided to expand and take out a mortgage for a 4-room apartment in a new building. Therefore, they took out a loan in September 2016, when the second child had not yet been born.

The family decided to spend 300,000 rubles to cover mortgage interest. MSK, and they will make the first payment from this money in February, that is, just after Kolya’s birth.

Getting a child's education

In this case, the money is spent on:

keeping a child in educational institutions: kindergartens or clubs, nurseries, various clubs, sports sections;
studying at a university and/or living in its dormitories;
training in sports, music, dance and other schools;
participation in educational programs.

Key assumptions and limitations:

Educational institutions must have appropriate accreditation;
organizations must be located on the territory of the Russian Federation;
MSC can be spent on such purposes only 3 years after the birth of the child;
the funds can be spent on the education of any of the children.

At the moment, the eldest son of the Karapuzovs is 16 years old. However, in 2 years (in 2019) Kostya plans to enroll as a full-time student at Moscow State University. The remaining 153,026 rubles. The parents decided to spend MSC on the education of their first child.

Karina and Sergei will have to pay for the first course of study from their own funds, since Kolya will only be 2 years old at this time. But the next semesters can already be paid for from MSC funds.

Adaptation of disabled children

According to this direction, funds are spent on goods and services that contribute to the social adaptation and integration of children with disabilities into society. These could be keyboards, portable bathtubs, lifts or reader-secretary services, etc.

Key points:

Expenses for medical and rehabilitation measures paid from the budget are excluded;
you can spend MSC in this direction without waiting 3 years;
all expenses must be documented by contracts, receipts, etc.;
You can purchase services and goods for any of the children.

Formation of a funded pension

MSC is allowed to invest in the mother's future. At her choice, the money is transferred to the trust management of the management company (management company) or a non-state pension fund. In the future, after retirement, these funds can be received in the form of an immediate or lump sum payment, as well as in the form of a funded pension.

How to get MSC

The right to receive such assistance is confirmed by a state certificate for maternity (family) capital. To obtain it, in ordinary cases, you need to contact the territorial body of the Pension Fund of the Russian Federation with the following package of documents:

Statement;
passport;
birth (adoption) certificates of all children;
documents confirming the Russian citizenship of children born (adopted) after January 1, 2007;
documents confirming the identity and powers of the authorized representative (if the documents are not submitted in person).

Maternity capital in 2019 is provided in accordance with the new Federal Law No. 418. The law specifies the amount of state benefits equal to 453 thousand rubles. The funds are allocated to families with two children and parents with many children whose children were born between January 1, 2007 and December 31, 2021. You can receive money from a maternity certificate for purposes established by law. The legislator regularly expands the scope of legal use of allocated funds and simplifies the scheme for obtaining material support.

Changes in 2019

One of the positive innovations is receiving monthly cash amounts until the child is 1.5 years old. It will become easier for parents financially at the initial stage of raising a child. The decision was made based on numerous requests from interested citizens, and is valid for the baby’s date of birth after 01/01/2019.

Major amendments to current provisions:

• the upper limit for date of birth has been raised until the end of 2021;
• the right to receive cash monthly is possible at 1.5 minimum wages per family. Money is provided for the maintenance of children under 1.5 years of age;
• procedure for using the certificate.

Restrictions on some areas of use of parental funds have been lifted. The rights of parents have been expanded and the procedure for paying maternity capital has been simplified.

Since this year, the following opportunities have appeared:

• preschool education from birth. For example, you can pay for nanny services that are documented;
• Restrictions on choice and payment for school education have been lifted. If a student attends a non-state institution, this does not serve as a reason for refusing to withdraw funds.

The one-time benefit in the amount of 25 thousand rubles from the maternity certificate money has been canceled since 2019.

The certificate is issued in the amount of 453,026 rubles, the size is the same for all recipients. The surcharge for women who gave birth to children under 35 years of age has been canceled and ceased to apply. The money that can be cashed out from a certificate for a child under 1.5 years old differs in each specific case. Payments depend on the average monthly income of a family living in a particular region. For the current year, data for the 2nd quarter is taken into account. 2017. On average, the benefit amount is about 10 thousand rubles for most federal subjects.

Payments are provided to citizens who apply to the Pension Fund and confirm their rights to monthly contributions. You will need to provide income certificates for the last year, including financial income of all family members. The list of funds taken into account when assigning state support has been approved by the government. If desired, the list can be viewed at the Pension Fund office at your place of residence. Most compensation payments do not count towards the total family income.

Maternity capital: requirements for the applicant

You can contact the Pension Fund for the certificate you are owed at a convenient time before your children reach adulthood. Parents who meet the following requirements can receive government support:

• the child was born between 2007 and 2021;
• mother and child have Russian citizenship;
• the family is registered in the Russian Federation.

For a monthly benefit, additional requirements will be required:

• the second or subsequent child is under 1.5 years old;
• a certificate of income confirms a coefficient of 1.5 minimum wages in a given territory. Figures for the previous year are taken into account.

The listed requirements must be supported by documents; current information is accepted for verification. In doubtful situations, registration of maternity capital is postponed until the controversial issues are clarified. For example, the applicant’s passport may be expired; after restoration of its legal significance, the document is accepted for consideration.

After the birth of the child and receipt of administrative documents, the mother can contact the MFC or Pension Fund. In both cases, a package of documents is required:

• applicant's passport;
• certificates of all born and raised children;
• SNILS for the whole family;
• Marriage certificate.

If we are talking about adoptive parents, then documents on adoption are attached. The father can assert his rights in cases established by law. Maternity capital is issued to the father if the mother is not alive, she is deprived of her rights or is an incapacitated citizen. Applicants can apply in person, by mail or by submitting information online through government services. After verification, you will need to come in person to the Pension Fund office at the recipient’s place of registration to receive the certificate.

Pension service employees are given three months to strictly check the submitted package of documents. A legal representative with confirmed authority may receive a certificate. If dubious information is revealed during the inspection, the applicant will be asked to clarify this point. The received certificate is a legal document of strict accountability. In case of damage or loss of a document, a duplicate is issued at the request of the owner.

Upon application of the mother, the opportunity to receive benefits from the amount of maternity capital is provided. You will need to provide a certificate of income for the previous year from the employer of the father and mother. Employees will make calculations and, based on the results, will respond to the possibility of receiving funds.

The special conditions are:

• the age of the child up to 6 months at the time of application will allow you to receive accruals starting from the moment of birth;
• after six months, the money is transferred from the moment the application is submitted.

This approach is due to the fact that mothers can be extremely busy in the first months after childbirth. Payments are not assigned automatically; the owner of the certificate must prove and declare her right. If it is impossible (income more than 1.5 minimum wages) or there is no desire to receive financial support immediately after childbirth, the amount provided by the certificate will remain unchanged.

What to spend maternity capital on

The rules of use remained the same, the scope of children's expenses for education and medical services expanded. The debate over purchasing a family car has not been resolved positively.

The directions for using the funds were determined:

• acquisition of living space;
• study and educational goals;
• rehabilitation activities for people with disabilities;
• mother's pension.

Program participants are given the opportunity to independently choose their optimal goals. Many families spend their children's capital on purchasing an apartment or major renovation of existing space. The program provides options for purchasing capital real estate; land plots cannot be purchased with the allocated money. Maternity capital can be spent on paying off mortgage interest and the down payment on a mortgage for a new building.

There is an order: employees check the presented object and control the transaction. After concluding an agreement and registering the transaction with Rosreestr, the money is transferred to the seller. The phrase “buy/sell for maternity capital” has become familiar, the scheme has been worked out and is transparent for execution. Purchasing a mortgaged property in a new building is possible taking into account maternal funds. Most banks accommodate families with children and enter into deals to purchase capital assets.

State funds can be used to educate all children in the family. You can pay tuition fees from kindergarten to college at the request of the certificate holder. Money is transferred to the educational institution by non-cash payments upon application to the Pension Fund. Restriction: the organization must be located in the country and have the appropriate licenses. An agreement for the provision of teaching services is concluded, and after approval by the supervisory department of the Pension Fund of Russia, translations begin.

The funded pension for the mother will be increased by the amount of allocated state assistance. When retiring, a woman can count on an increase in her pension savings. Having a child with a disability, you can spend money on treatment and rehabilitation. Maternity funds are spent on any child in the family, and supporting payment documents are provided to the fund.

Receipts and checks allow you to cash out this amount from software. The rules apply to an adopted child with a disability if there are two or more children in the family. Several minors with disabilities will be able to receive individual financial assistance if there are medical indications.

Using illegal cash withdrawal methods will result in criminal prosecution. The legal scheme is the following: take a bank loan for the purchase of living space and cover the obligations with the money of the certificate. If the loan size is equal to or less than government money, then a transparent and legal scheme will solve the family's housing problems.

Options for purchasing a property at a fictitious price are calculated by government agency employees. The woman is deprived of her certificate and held accountable. Employees have the right to monitor a suspicious transaction and go to the place of purchase. It is recommended to reconstruct the home, purchase a country house for a family vacation, or take the necessary actions. You shouldn’t go against the law, money has a purpose. You cannot legally receive cash; you should remember the requirement not to violate the order of the federal program.

How to get maternity capital in 2019?

Where can you use maternity capital?

Hello, dear readers! Last month I finally went to visit my sister Olga.

So much time had passed that I didn’t even notice that her eldest daughter had almost finished school. They want to send her to study at a prestigious university.

They may not be able to afford the tuition fees, so they plan to use part of their maternity capital for this. Do you want to know where else you can use maternity capital under current legislation? Now we will consider in detail all possible options.

In 2018, a certificate for maternity capital, issued to families at the birth of a second or subsequent child (children) in the period from 2007 to 2021 inclusive, implies the possibility of targeted use by families of non-cash funds in the amount of 453 thousand rubles.

According to statistics from the Russian Pension Fund (PFR) at the moment:

• 48% of certificate holders used maternity capital in full;
• another 2% managed the allocated money partially;
• 48% have never applied to the Pension Fund for the use of maternal capital.

At the same time, the law initially planned that funds from already issued certificates could be used after the end of the mat program. capital - that is, now after December 31, 2018.

However, economic preconditions and statements by officials in the Government, as well as State Duma deputies and senators of the Federation Council, suggest that the program, at least partially, may be curtailed a little earlier.

Warning!

For example, from 2016, annual indexation will not be carried out, thanks to which the amount of payment since 2007 has increased from 250 to 453 thousand rubles (an increase of 81.2%). Therefore, holders of certificates for maternal capital should think about using the money as early as possible.

The main document regulating the expenditure of maternity capital is Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children.” Below are some of the terms and conditions stipulated therein:

1. money can be used for certain needs in whole or in part;
2. the order is carried out in application form (more about applications and documents for maternity capital);
3. funds are transferred only by bank transfer;
4. You can exercise the right to dispose of money after the child who has given the right to a certificate turns 3 years old (this rule applies to all cases except one - purchasing a home using a loan or a loan, including a mortgage).

Thanks to the changes and additions adopted to the law on maternity capital in previous years, in 2016 family (maternity) capital can be spent in four different directions. You can choose one of them or a combination of them.

Use of a certificate for improving living conditions. This includes the purchase of housing (including on credit): apartments, rooms, houses and shares in construction in Russia, as well as the reconstruction of premises giving them qualities more suitable for living by a family with children.

The list of documents and conditions for the use of funds in this area are given in Decree of the Government of the Russian Federation No. 862 of December 12, 2007 “On the Rules for allocating funds (part of the funds) of maternity (family) capital to improve housing conditions.”

Payment for educational services from maternity capital. You can pay for the education of any child in the family (up to 25 years old) in kindergartens and nurseries, additional sections, schools, technical schools and universities in the Russian Federation.

Directing money to the mother's funded pension (the least popular direction).. Compensation for the costs of social adaptation of disabled children under 3 years of age (new direction from January 1, 2016) - technical means, rehabilitation and medical measures according to the list established by the Government.

It is also possible to receive part of the funds under the certificate in cash in the form of a one-time payment - for example, before March 31, 2016, you can cash out 20 thousand rubles from maternity capital.

Attention!

One-time payment of 20 thousand rubles. The only legal opportunity to receive money from maternity capital for any current family expenses in cash is to write an application to the Pension Fund for the issuance of 20 thousand rubles.

Similarly, in 2009 and 2010, the possibility of cashing out 12 thousand rubles from maternity capital was twice provided. In 2016, the payment amount was increased to 25 thousand rubles.

Money within the lump sum payment can be spent on any family needs without any reporting or control of use by authorized bodies. The amount to be paid may be reduced if the balance of the maternity capital certificate contains an amount less than the required 20,000.

This opportunity appeared in May 2015 thanks to Federal Law No. 88-FZ of April 20, 2015 “On a one-time payment from maternal (family) capital.” The list of documents required for its preparation and the rules for submitting an application are given in Order of the Ministry of Labor No. 251n dated April 27, 2015.

Below are the basic rules according to which the payment is granted:

1. Those who gave birth to or adopted a second or subsequent child before December 31, 2015 are entitled to an anti-crisis measure of state support.
2. You can submit an application to the territorial office of the Pension Fund of Russia and the multifunctional center (MFC) until March 31, 2016.
3. You do not need to wait until your child's third birthday to apply.
4. You can only receive a payment once.
5. The money is transferred non-cash to the bank account of the certificate owner.

Matkapital for the purchase of housing. For most Russian families with children, the housing issue is of acute relevance. Therefore, it is not surprising that more than 90% of maternity capital recipients fully or partially use the certificate funds to improve their housing conditions.

This concept includes the purchase of apartments, the acquisition or construction of individual houses - both using third-party (credit) funds, and at the expense of one’s own funds (under a purchase and sale agreement).

To the question of whether it is possible to buy an apartment with maternity capital, the legislation answers unequivocally: it is possible. Maternity capital for the purchase of an apartment is the easiest way to invest in housing. In this case, it is possible to conclude any agreement that does not contradict the law.

In general, the transaction occurs as follows:

• the seller, the residential property, is located, its agreed price is determined;
• a purchase and sale agreement with deferred payment is concluded;
• an application is written to the Pension Fund for the transfer of money to the seller’s account;
• if the value of the object is more than the security of the certificate, the buyer transfers to the seller the difference between these amounts (from personal funds);
• within two months, the Pension Fund transfers money according to the submitted application.

Buying a house with maternity capital will happen in the same way. When looking for an answer to the question of whether it is possible to buy a house with maternity capital (or another type of housing), the certificate holder must pay attention to the following mandatory general conditions:

1. living space (house, apartment, room) must be located on the territory of the Russian Federation;
2. after purchase, the acquired housing must be registered as the common property of all family members, while nowhere is it stated that the shares of family members must be equal - the size of the shares is generally determined by agreement;
3. non-cash transfer of funds is provided (any attempts by one of the parties to the agreement to cash out funds are illegal).

Purchasing a share of a mother's certificate. Acquiring a share in an apartment or part of a house at the expense of maternal capital is also not prohibited by law.

The Pension Fund of the Russian Federation will treat especially well the purchase of a share corresponding to a room in a multi-room apartment, after which the buyer will become its sole owner. Sometimes this option is the only one available for a family with a low income.

Advice!

According to the law, purchasing a share from relatives (for example, parents) will not differ from purchasing from strangers.

The former owner must be discharged if, as a result of the transaction, the entire apartment ends up in the buyer's possession. However, when using a certificate for maternal capital, it is not recommended to buy shares from each other between spouses.

Let us reassure those who are wondering whether it is possible to buy a room with maternity capital - it is possible. It will not be possible to purchase part of a room, as well as a share in a one-room apartment. But you are allowed to buy a whole room, even if it’s a small one.

It is important that the premises be dedicated and isolated from common areas, and it is desirable that the accounts of the co-owners of the residential premises be separated.

Using matkapital, it is not always possible to buy a room in a facility that has dormitory status:

• if the hostel has the status of a residential building and the room is privatized, it will be allowed to be purchased;
• however, dormitories often belong to specialized premises and cannot be alienated in accordance with Art. 92 of the Housing Code of the Russian Federation under a purchase and sale agreement.

The bank will also have a positive attitude to the question of whether it is possible to buy a share using maternity capital under such conditions. That is, if the buyer brings documents for the rest of the apartment and indicates in the application that after the purchase he will become the sole owner, he can even get a loan to purchase part of the apartment.

Home construction. In Art. 10 of the law on maternal capital directly states that funds from the certificate can be used for private residential construction. However, the facility under construction must meet the following criteria:

1. be capital and suitable for permanent residence;
2. is being built on a land plot that has the appropriate status (for residential development).

The development site must be purchased, leased or otherwise acquired before the certificate holder decides to use the funds. It is not allowed to use maternity capital to purchase land.

It is allowed to involve a contractor in construction work or carry out construction by family forces. Transfer of funds will occur as follows.

When work is carried out by a construction organization after concluding a contract, the latter is submitted to the Pension Fund along with an application. The documents are reviewed, and within a month or two the funds are transferred to the organization.

When constructing on your own, transferring money after applying to the Pension Fund occurs in two stages:

• First, part of the funds is transferred to the account of the certificate owner (no more than 50%).
• After six months and after submitting documents confirming construction work (based on Government Decree No. 686 of August 18, 2011), the rest is transferred.

If parents intend to carry out construction before the certificate can be used (that is, before the child’s 3rd birthday), it is necessary to carefully save all payment documents. They can then be attached to the application to the Pension Fund for reimbursement.

Maternity capital can also be used for shared construction (as well as for cooperative construction for participants in housing cooperatives - residential complexes, housing cooperatives, housing cooperatives).

Warning!

Mortgage repayment. Credit (including mortgage) and maternity capital are closely related thanks to Art. 10 of Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children” (clauses 6–8 of Article 10) and other documents.

According to the law, funds from maternity capital can be used for the following purposes:

1. payment of the down payment on a loan (including a mortgage, that is, when securing obligations with collateral in the form of an apartment);
2. repayment of debt under a loan agreement;
3. payment of interest on the loan.

Now it is allowed to take out loans or credits with payment through matkapital from credit institutions (banks) or credit cooperatives, while targeted loans from microfinance organizations (MFOs) are prohibited.

However, this prohibition does not apply to previously concluded agreements. Usually banks have special offers for those who want to pay off the loan with money from family capital.

That is, immediately after receiving the certificate, you can go to the bank to conclude a loan agreement and pay the first installment from maternity capital or reduce an existing debt to a credit institution.

Another advantage is the amount of the certificate (453 thousand rubles in 2016), which is usually enough for at least the down payment for housing purchased on credit (in most cases it is 10–30% of the price of the apartment).

Funds in this area can be used regardless of how long ago the second child or subsequent children were born (adopted).

Payment for children's education. One of the areas for using maternity capital is paid education of any child at school, lyceum, gymnasium, college, technical school or university, in a master's and postgraduate program.

Attention!

Thus, not only the child, after whose birth the family has the right to additional support from the state, will be able to use this money in the more or less distant future.

Funds or part of them can be used for the education of any child in the family, natural or adopted. After all, a certificate is the property not only of its owner, but also of other family members.

According to Government Decree No. 926 of December 24, 2007 and other documents, the following mandatory conditions must be met:

• paid training must be provided under a program that has state accreditation;
• the educational institution must be located on Russian territory;
• The child must be no more than 25 years old when starting school. That is, it is possible to enter a technical school or university for a paid program, and not necessarily immediately after school.

A child can enroll in a state, municipal or private educational organization. Before concluding an agreement on the paid provision of educational services, you must make sure that the educational institution is ready to wait up to two months for the Pension Fund to transfer funds according to the application for disposal.

Funds from the certificate can also be used for services indirectly related to studies (the full list is established by the Government of the Russian Federation). For example, maternity capital can be used to pay for a hostel and its utilities, but this money cannot be spent on food.

Other possibilities for using maternity capital for a child:

1. payment for sports sections;
2. music or art school;
3. language courses.

Payment for kindergarten. The opportunity to use funds from maternity capital to pay for kindergarten appeared after the adoption of Government Decree No. 926 of December 24, 2007 and Government Decree of the Russian Federation No. 931 of November 14, 2011.

The money will be transferred to the account of a public or private kindergarten if the following conditions are met:

• the kindergarten has a license to carry out preschool educational activities;
• is located on the territory of the Russian Federation;
• an agreement has been concluded between him and his parents in the appropriate form;
• Payment is made only for the maintenance of the child (supervision and care services).

It is impossible to fully pay for a kindergarten, even a state-owned one, from family capital. Child care includes nutrition, education, socialization and provision of necessary hygiene standards. This list does not include educational services, payment for teachers, paid clubs and sections.

Advice!

As already mentioned, money from family capital, with a few exceptions, can be used only after the child’s 3rd birthday. That is, only the youngest of the children will be able to pay for the nursery, but only after three years - that is, no longer to the one thanks to whom the family has the right to maternity capital.

Matkapital for mom's retirement. According to Art. 12 of the law on maternity capital, the funds from the certificate can be used in whole or in part to form the funded part of the mother’s pension in a state or non-state pension fund (NPF).

It is argued that such an investment will be beneficial for a woman, because her three years of caring for several children is often not fully counted towards her work experience.

The woman who wrote the corresponding application may change her mind before retirement and redirect the funds for other purposes (recall them).

The law also provides that the owner of the certificate, who has not expressed her will in relation to maternity capital or part of it, can subsequently take this money into account as part of pension savings directly upon retirement.

In accordance with pension legislation, in the future, funds allocated for the mother’s pension can be received:

1. in the form of an urgent pension payment (for a period of at least 10 years);
2. as a lump sum payment;
3. in the form of unlimited lifetime payments.

If the owner of pension savings does not live to see retirement, the contribution from maternity capital can be inherited by the father of the child who gave the right to state assistance to the family, or by the woman’s children.

This option for spending funds from state support for families is the least popular (less than 1% of all cases). People do not trust the targeted spending of funds after a long period of time, because the money can significantly depreciate.

What can’t the certificate funds be spent on?

Options for targeted spending of funds from maternity capital are listed in the articles of Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children.”

Warning!

In the current version of the document, you can always familiarize yourself with the opportunities available to certificate holders. No other directions other than those listed are provided. However, many of them are discussed and are the subject of populist speculation.

Often families do not find the opportunity to use funds for any of the purposes provided for by the maternity capital program. Probably for this reason, not entirely legal cash-out schemes are being developed.

It is worth assuming that the targeted use of maternity capital could be expanded, and new opportunities for spending funds would be in demand.

Maternity capital for the purchase of a car. A car cannot be attributed to any of the opportunities to manage maternal capital: neither to improve living conditions, nor, especially, to children’s education or maternal pension. And with 20 thousand rubles, which can be received for family expenses, it is unlikely that you will be able to buy a car.

To the question whether it is possible to buy a car with maternity capital, the answer is clear: no, it is not possible. Although this would solve the issue of movement of families with children and improve their well-being. After all, with 453 thousand you can buy a new car even without attracting personal funds (if you purchase a domestically produced car).

This possibility has been discussed at least three times since the introduction of the family capital program. It has pros and cons and was rejected due to these obvious difficulties:

• the possibility of instantly selling a car after purchasing it for cashing out;
• threat of car theft or damage in an accident;
• relatively quick failure of the car (especially, unfortunately, domestic brands).

The issue acquired new relevance in 2014, when Prime Minister Medvedev decided to combine two tasks: anti-crisis support for the Russian automotive industry and families with two or more children. Bill No. 583192–6, which provides for the possibility of purchasing a domestic car using maternal capital, was submitted to the Cabinet of Ministers for consideration.

Attention!

Despite the hopes of the certificate holders, the proposal was rejected as not in compliance with the Constitution and State Duma regulations.

Purchase of land or cottage. The Basic Law on Maternity Capital provides for the improvement of family living conditions using funds allocated by the state. However, neither the plot nor the dacha can directly and immediately affect the comfort and living conditions of the family, because:

1. even if a plot of land is purchased for the construction of a residential cottage, it is unlikely that the average family will be able to complete construction in the near future;
2. In most cases, it is impossible to live in a dacha all year round, but only during the warm season.

For those who are wondering whether it is possible to buy a dacha with maternity capital, it is better to look for a house suitable for permanent residence.

It will not be possible to use the certificate to purchase a plot without buildings. A permanent house must be located on the land - only then will the transfer of funds be approved by the Pension Fund of Russia, and the cost of the land plot itself is not paid with funds under the certificate.

The difference between a dacha and a full-fledged residential building is as follows:

• The house is located on a plot for individual residential development. Dacha - on a summer cottage or allotment for garden construction.
• A residential building has a solid, solid foundation and walls, while the dacha structures are lightweight.
• The house has, at a minimum, plumbing, heating and electricity. In country houses they are not always provided.
• The principles of state registration of these two types of buildings in Rosreestr differ.

In 2013–2014 The State Duma considered bill No. 353194–6, which provides for the expansion of state support measures for children. He gave affirmative answers to the following questions:

1. Is it possible to buy a plot of land with maternity capital?
2. is expensive treatment possible for women and children;
3. Will it be allowed to carry out repairs and install communications using this money?

Certificate for renovation of an apartment or house. The aforementioned and not adopted bill No. 353194-6, as well as another bill No. 218827-6 and some others, provided for allowing the use of family capital for repair work, as well as regulating the issue of supplying communications to houses and old apartments (for example, those not equipped with gas or hot water supply).

Advice!

This is important for the comfort of families with children, because it significantly affects not only comfort, but also children’s health.

Overhaul of residential premises improves the living conditions of its owners. However, it does not fundamentally solve the problem of the complete lack of a place where the family will live. That is why repairs are not included in the list of possibilities for using maternal capital. Funds from the federal budget intended for the certificate holder cannot be spent on major or routine repairs.

According to the law, maternal capital can be used for the construction and reconstruction of housing. Reconstruction differs from repair in these respects.

During reconstruction, the layout of the building changes - the dimensions, areas and number of rooms, walls and partitions are moved, openings are cut. For example, an attic is built on, a balcony is added, or a large room is divided into several by partitions. Repair of such things does not include.

Reconstruction involves changing the purpose of the premises or the entire building. For example, a warehouse or store is converted into an apartment, which is impossible during renovation.

That is, if redevelopment is planned for the home, it will be classified as reconstruction (and will require approval from the BTI). It will be possible to receive compensation for it at the expense of maternity capital if the living space is increased by an amount not less than the calculated norm.

If ordinary plastering, insulation, replacement of windows or roof rafters, or sealing of cracks are planned, these works will be classified as repair work.

Consumer loan for maternity capital. The opportunity to take out a consumer loan would have a positive impact on the level of family well-being, and would also allow those families who do not have additional money to use funds, for example, to purchase a home.

Warning!

Often, maternity capital is not used precisely for these reasons: retirement or children’s education is not coming soon, and there is not enough money for a loan or the purchase of living space.

It often happens that consumer or non-targeted loans are taken out by families due to the inability to obtain funds from the bank specifically for an apartment. Even if the Pension Fund is able to provide evidence that the money was spent specifically on the purchase of an apartment, usually materiel is not allowed to be used to repay non-mortgage loans.

There are precedents when families were able to prove in court the use of a consumer loan to purchase housing. This has created legal precedents, but it is better not to waste your time on such evidence.

In this regard, buy household appliances and other things on credit at the expense of the federal mat. capital will not work. It is also impossible to repay a loan taken for real estate repairs at his expense - all this is not provided for by law. At the moment, only funds from regional family capital can be successfully used for consumer purposes, and then only in some regions.

One of the innovations among the possibilities for using maternal capital in 2018 was the right to use it for the purchase of goods and services intended for social adaptation and integration of disabled children into society. In addition, since 2015, funds from the certificate can be used for the down payment on a loan (mortgage) without waiting for the child’s 3rd birthday.

Otherwise, the targeted expenditure of funds remained the same as the year before: purchase, construction and reconstruction of residential premises, raising or educating children, contribution to the funded part of the pension.

The State Duma is also considering other options for using funds that provide a federal certificate. But for now it is not allowed to use them for any needs other than those listed.

source: http://posobie-expert.ru/po-rodam/materinskij-kapital/kak-ispolzovat-matkapital/

What can you spend maternity capital on in 2018?

In 2018, the maternal family capital program (MSC), proposed by Vladimir Putin, celebrates its 11th anniversary (it began operating on January 1, 2007). During this time, state certificates for maternity capital have already been received by 7.8 million families in which a second or subsequent child was born or adopted during this period.

Attention!

The amount of maternity capital in 2018 is 453,026 rubles, as in the previous two years. On December 19, 2016, the President of Russia signed Law No. 444-FZ on freezing maternity capital until January 1, 2020, i.e. it will not be indexed.

Where can maternity capital be sent according to the law? There are no significant changes to the list of areas for using family capital in 2018. As before, capital can be spent:

After 3 years from the moment the right to MSC arose:

1. to improve living conditions - purchase of a house or apartment under a sales contract, reconstruction or construction of a private house (with the involvement of a construction organization or independently), equity participation in the construction of a new building;
2. education of children - payment for maintaining a child in kindergarten, education of an older child at a college or university, payment for accommodation during the period of study in a hostel;
3. for the mother's future pension.

Without waiting 3 years:

• in accordance with the Government's list for compensation for the purchase of goods or services for disabled children;
• to pay the down payment for obtaining housing loans or loans or for their repayment (including those encumbered with a mortgage).

One-time payments

It is difficult to say at the moment whether there will be payments from maternity capital in 2018. In previous years, such payments were provided no more than two times in a row:

The issue of providing this payment for the fifth time may be considered by the Government in the event of another deterioration in the economic situation, which will require the adoption of a new anti-crisis plan. So far, all thoughts on this matter exist only as rumors.

Using a home purchase certificate

Maternity capital for the purchase of housing may be used in accordance with Art. 10 of Federal Law of December 29, 2006 No. 256-FZ. At the same time, the options for purchasing a home for families who own a certificate are quite different, for example:

1. Participation in individual shared construction.
2. Payment of interest and principal on a previously taken out home loan.
3. Purchasing an apartment under a sales contract without borrowing funds.
4. Payment of the entrance fee when participating in housing cooperatives.
5. Payment of the first installment on a mortgage agreement.

A family that has decided to use capital to purchase a home needs to know that the MSK cannot be received by the certificate holder in cash.

The use of maternity capital for the purchase of residential premises is made only by non-cash transfer of funds to an individual or organization that carries out the sale, or a credit institution providing funds for the purchase of housing under a loan agreement.

In addition to the above, there are a number of nuances when using MSK to purchase a home:

• Buying housing with family capital is allowed only within the Russian Federation.
• The new property must be divided among all family members, including the spouse and children.
• The child must be over 3 years old (in some situations this condition may be violated, for example, when applying for a mortgage loan).
• The seller must be a person who is willing to work with government agencies.
• It is not prohibited to purchase housing using maternity capital from close relatives, however, such transactions should not be fictitious and aimed at cashing out the certificate.

Can I use the certificate to build a house?

According to the law, family capital can be used to build a house or to reconstruct an existing one (Government Decree No. 686 of August 18, 2011). Home renovation does not mean reconstruction - in this case we are talking about increasing the area of ​​the house so that all family members can accommodate there.

Advice!

If the requirements are met and there are documents confirming the completion and legality of construction work, the family will be given 50% of the required amount. The remaining part will be available in six months, again only after submitting documents confirming that the work is still in progress or has been completed.

There are several construction options: independently or with the help of a contractor. In both cases, in order to build a house outside the MSK, it is necessary to have a land plot based on the right of ownership or other property rights.

To obtain or pay off a mortgage

There are three ways to take advantage of government support for purchasing housing with a mortgage:

1. Pay off the so-called body of the loan (principal debt). Practice shows that this is exactly what MSK holders do in most cases. This can be a very profitable investment, because the borrower will subsequently have to pay less interest, which is calculated on the remaining balance of the debt.
2. You can also reduce your monthly payment amount by using the funds as interest-only payments. In most situations, this option is more beneficial to the bank, although at the same time a significant burden is removed from the payer.
3. Using maternal capital funds as a down payment on a mortgage loan. This is a fairly new way of using funds, but quite a few certificate holders have already used them this way.

Payment with a child's education certificate

The number of budget places that allow you to learn a profession for free in colleges or universities is limited, and many people do not have the opportunity to pay for training on their own. Family capital has become an excellent opportunity to pay for a child’s education without worsening the family’s financial condition.

The certificate can be used to pay for the education of any of your children or all of them at once, regardless of their birth order. The only condition that the child must meet is that at the time of starting training, his age must be no more than 25 years.

MSC can be spent on a child’s education in any educational institution that is located on the territory of Russia and legally provides educational services.

The form of ownership of the educational institution does not matter - you can choose either a private, non-state institution, or a state or municipal one.

In addition, it is possible to contribute maternity capital to pay for the child’s accommodation in a dormitory during their studies. You can only pay for the dormitory provided by the educational institution where the child is studying.

Payment for child care in kindergarten

You can pay for kindergarten using MSC funds in accordance with Decree of the Government of the Russian Federation of November 14, 2011 No. 931. To exercise this right, certain conditions must be met:

• The second or subsequent child must be 3 years old at the time of application. If the second child is not yet 3 years old, it will not be possible to apply for kindergarten at the expense of family capital.
• An educational institution must have a license to carry out educational activities and be located on the territory of the Russian Federation.

Additional education in the form of courses, sections and clubs does not require mandatory accreditation to carry out activities, therefore, most often cannot be paid for from MSK funds.

To integrate disabled children into society

From January 1, 2016, maternity capital can be allocated for the social adaptation of disabled children. The rules for managing MSC funds in this direction were approved by Decree of the Government of the Russian Federation of April 30, 2016 No. 380.

Warning!

The allocation of maternal capital for goods and services for the adaptation of disabled children occurs upon application for disposal by compensating the costs of purchasing these services and goods in accordance with an individual rehabilitation program, which is developed by medical and social examination bodies.

A complete list of goods and services intended for the adaptation of children with disabilities was approved by Decree of the Government of the Russian Federation of April 30, 2016 No. 831-r.

Activities for social adaptation at the expense of mat. capital can be carried out both for natural children and for adopted children at any time from the date of birth (adoption) of the child who gave the right to family capital.

For mom's retirement

In order to manage maternity capital funds in favor of forming a pension, a woman only needs to submit a corresponding application to the Pension Fund. Unlike all other areas required by law, you will not need to collect any additional documents.

The legislation approves 3 options for obtaining these funds:

1. In the form of a funded pension, which is paid for life and monthly. The amount of the monthly payment is determined taking into account the expected period of payment of pension benefits. When calculating the payment, in addition to MSC funds, all savings funds of the certificate holder accounted for in the Pension Fund on her individual personal account are taken into account;
2. In the form of an urgent pension payment. The duration of this payment is determined by the woman, but its minimum period is 10 years. Established and paid, including from maternal capital funds aimed at forming a pension, and from their investment income;
3. In the form of a lump sum payment, if the funded pension is 5% or less in relation to the amount of the old-age insurance pension, taking into account the fixed payment, and the size of the funded pension, calculated on the day the funded pension is established. Also, this payment is assigned to persons receiving a disability insurance pension, the loss of a breadwinner, or a state pension, who, upon reaching retirement age, did not receive the right to an old-age insurance pension due to the fact that they do not have the required length of service or the amount of pension points does not less than 30.

Women who initially chose this option for managing family capital funds can subsequently change their choice to manage MSC funds in any other direction.

What is it prohibited to use maternity capital for?

All possible options for spending funds from maternity capital are enshrined in Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children.” The law does not provide for any other directions besides those listed. But many of them cause a lot of discussion and are the subject of speculation in society.

There are situations when a family does not find the possibility of using MSC for any of the options allowed by the family capital program. Perhaps for this reason, criminals are developing illegal schemes for cashing out funds.

Buying a car

At the federal level, proposals have been made many times on the possibility of spending family capital on the purchase of a car with the need to register it as the common shared property of the parents and all children.

The following restrictions were provided:

• resale of the car was prohibited for a certain time;
• the car had to be produced in Russia;
• the purchased car should not have previously been registered with the traffic police.

But all legislative initiatives regarding the possibility of purchasing a car using funds from the mother’s certificate were rejected by the Government of the Russian Federation.

Acquisition of land for construction or summer cottage

The targeted use of family capital for the purchase of real estate provides that it is intended for living, that is, the characteristics of the object must comply with the standards for housing. It is theoretically possible to buy a dacha with maternity capital if the structure has the following features:

1. the object is assigned a postal address;
2. the building is designed as housing;
3. in accordance with the technical characteristics, there is the possibility of year-round living;
4. Registration of citizens is possible at this address.

It is necessary to take into account the fact that when choosing such an object, the Pension Fund will not approve the purchase of a dilapidated, emergency or temporary structure.

For apartment or house renovation

The law of December 29, 2006 No. 256-FZ does not contain such wording as “repair” - therefore, it will not be possible to send a certificate for apartment renovation. It’s a different matter when the conversation is about an individual residential building. In August 2010, amendments to the law introduced the concept of reconstruction, which means changing the design of a house in order to increase living space.

A good example is the construction of another floor in the house or the addition of another room to the house. The increase in living space should not be less than the living space standards per person established by law in a particular region. Redevelopment of an apartment, and even more so its finishing, is not reconstruction, so it is impossible to spend MSC in this direction.

Unlike construction, reconstruction for payment with maternity capital should be carried out only without the involvement of a construction organization.

Is it possible to repay a consumer loan?

The certificate cannot be used to repay debts to banks, traders, service providers or other organizations in the following situations:

• If funds are taken to purchase a plot of land (even if it was purchased for housing construction).
• Owner mat. capital wants to take or has already taken loans for the purchase of a car, furniture, household appliances and other movable property. This does not equate to an improvement in living conditions, but to an improvement in current living conditions.
• When loans are issued to renovate an apartment and, in this case, purchase building materials.
• It is planned to pay off arrears on rent and utilities.
• If the certificate holder attempts to cash out maternity capital funds to pay personal debts and other needs.

By law, a certificate can only be used to pay off obligations on a housing loan or loan!

The child’s parents, who received the right to maternity capital as part of a temporary state targeted program, are interested in how this money can be spent. There are certain restrictions on the use of targeted funds, for example, a restriction on spending before the child turns 3 years old. But there are also exceptions. We’ll talk about everything in order within the framework of this material.

General provisions

Maternity capital is social material support that is guaranteed under the state program. Families who had a child between 2017 and 2018 are entitled to maternity capital. A certificate of assistance can be issued immediately after the appearance of the basis - birth, adoption.

The specifics of receiving benefits in the form of maternity capital are stipulated in Art. 7, paragraph 6 of the federal law “On additional measures of social security for families with children.”

Conditions of maternity capital

The law stipulates the general rules for disposing of funds received as part of state support. They are relevant for most cases. These are the following conditions:

1. The use of maternity capital can only occur after 3 years from the date of foundation (birth, adoption).
2. You can spend the funds on any of the children.
3. A certificate for maternal capital, along with an application for disposal of funds, must be submitted to the Pension Fund; you should use the services of the pension department at your place of residence.
4. In cases where a minor citizen switches to full state support before the money is spent, the right to payment passes to him. This happens when parents are deprived of parental rights or die.
5. There are reservations in the law that allow the use of maternity capital by a minor citizen until he reaches 3 years of age. These are housing loans.

It is important to know! The only opportunity to use maternity capital until the offspring is three years old (before the expiration of three years from the date of adoption) is to fulfill obligations on targeted housing loans and rentals. It is also being implemented within the framework of collateral mortgage programs.

Difficulties

Citizens where one of the parents (adoptive parents) does not have Russian citizenship, or if the baby dies during the birth process, will not receive funding.

Deferred use and targeted allocation of benefits is a kind of security measure that the state used in the interests of children. But such guarantees also give rise to certain difficulties. For example, a family with several children may need funds at any time. But they can be used after the person whose birth (adoption) they were issued turns 3 years old.

Target directions

The law stipulates all conditions for the use of maternal capital. Let us note once again that funds can be used for the needs of any child in the family. Maternity capital should be spent on meeting the following needs:

• improvement of housing conditions, including expansion of living space (purchase, construction, mortgage);
• teaching children;
• accumulation of maternal pension.

On a note! Since 2016, a new clause has been introduced into the bill concerning the interests of disabled children. Another intended purpose of maternity capital is the purchase of goods/services that a disabled person requires for his social adaptation in society.

Future prospects

Lawmakers plan to put forward for discussion amendments to the law that could expand the possibilities for using capital. One of the planned target areas is payment for the cost of IP services. But again, the money should be spent in the interests of the children, for example, to pay for a nanny, or for the child to stay in a private kindergarten.

The most common difficulties that parents face today are:

• The eldest child studies at a university on a paid basis. The law allows them to spend money on tuition fees, but due to time limits, they do not receive real assistance from the state.
• One of the older children is disabled and needs help with rehabilitation and adaptation. But the money was issued based on the birth of the youngest child. Again, you will have to wait for 3 years to satisfy the needs of the older child.
• They plan to use the money to improve living conditions. The family has already grown, the children need additional space. Postponement of reconstruction, repair or construction is delayed, thereby preventing the implementation of the main task.

If the family began reconstruction or construction of residential premises ahead of schedule, then it is necessary to save all contracts for repair and construction activities and receipts for building materials. These papers can be attached to the order for spending money. When making payments, confirmed expenses will be taken into account, even if they occurred earlier than the due date.

Use of maternity capital for up to 3 years

Housing is one of the main factors of normal life. This is precisely the priority direction in the distribution of maternity capital. If we compare the secondary and primary housing markets, then a new or under construction project evokes more confidence. Therefore, the state willingly finances purchase and sale transactions with the involvement of credit cooperatives and banking institutions.

Families who intend to have already taken out a loan to purchase residential premises are entitled to certain benefits. Banks offer them a reduced interest rate in exchange for government support. Part of the debt and interest is reimbursed from the federal budget.

Banks that are ready to finance families with children under preferential programs can count on partial repayment of the debt with federal budget funds. Finance is allocated under the state mortgage loan project.

Without waiting for 3 years, a family can receive maternal capital if they plan to spend the money on the following housing needs:

• payment of a deposit under a mortgage agreement for development (purchase);
• reimbursement of the principal debt (interest) on the loan that was issued before the distribution of funds.

Attention! The Pension Fund allocates funds to cover expenses only for the targeted loan. The agreement must clearly state that the loan money can be spent on the purchase/construction of residential premises. Bank clients who do not see the difference between consumer and targeted financing may find themselves in a difficult situation without government financial support.

Situations when a family actually takes out a consumer loan to finance construction or directly purchase a home. This need is due to the fact that the bank does not issue targeted housing loans due to the low level of official income. In fact, the client is ready to pay, but cannot prove it, so he receives a loan at a higher interest rate.

Even if applicants have confirmation that the funds were spent on housing, the state will not finance such a loan at the expense of maternal capital. The pension fund, which distributes this type of social benefit, cannot violate the law by allocating money to repay a consumer loan. Only the target residential mortgage is reimbursed.

On a note! Instant refunds are not issued under a deferred purchase agreement. Even in a situation where the purchased object becomes collateral, financing will not be received from the Pension Fund. Only a targeted loan (credit) agreement can serve as the basis for the allocation of financing from maternal capital.

What do you need to receive assistance before the end of three years?

The first thing an applicant who wants to receive financing for the purchase of a residential property should do is contact the PF branch. The applicant writes a statement about the disposal of funds. Depending on the purpose of receiving funds (repayment of the principal amount of the loan, repayment of the loan or making a down payment), the list of required documentation also changes.

The list of papers that the pension fund will require to repay the mortgage on account of maternity benefits is determined by PP No. 862. This is a resolution on the rules for the distribution of family capital when financing residential construction/purchase of real estate.

Matkapital up to 3 years without mortgage

A situation in which the applicant has been issued a certificate and he urgently needs to improve his living conditions requires separate consideration. If the family does not want to get involved with loans, then they can use deferred payment, subject to agreement with the seller.

Attention! Reimbursement of part of the cost of housing at the expense of maternal capital for up to 3 years takes place without applying for a loan according to this scheme: the buyer pays the seller the main part of his own money, and after 3 years expire (the period for paying social benefits), the pension fund reimburses the rest of the amount. In this case, a purchase and sale agreement with deferred payment is used.

This scheme has the following benefits:

• buying an apartment without waiting;
• compliance with legal regulations;
• the money has not depreciated because it was invested in a profitable transaction.

Deal details

Until the Pension Fund transfers the balance of the amount from the capital funds, the purchased housing will remain the property of the seller. But as soon as the funds are transferred, according to the contract, the property becomes available to the buyer.

How is the certificate cashed out?

In the concept of “cash out” the reader understands the concept of issuing money from the Pension Fund. Funds can be transferred to a bank account before the expiration of 3 years only in cases specified by law, to repay a home loan or mortgage in particular.

The term "cash out" is misleading. The applicant for payment believes that help can be received in person. In fact, there is no and cannot be any cash that would be at the disposal of the applicant. The law does not allow this possibility, since there is a clear scheme for the allocation and transfer of such funds.

Reader Questions

• Question one: Is it possible to spend money on buying a wheelchair for an older child if the youngest child (who received assistance) is now 2.6 years old?
  Answer: You can spend funds from maternity capital to buy a stroller for an older disabled child; the law allows the use of funds for the benefit of any child. But you can do this no earlier than six months later; at least 3 years must pass from the moment the foundation appears (the birth of the baby).
• Question two: If we can confirm that the consumer loan was issued specifically for the purchase of an apartment, will the Pension Fund reimburse us for the costs from maternity capital?
  Answer: The pension fund cannot violate the law by determining target funds for reimbursement of a consumer loan, even if it was issued for the purchase of housing. In order to reimburse part of the costs at the expense of maternal capital, you need to apply for a targeted loan; the agreement must state that the funds are issued for purchase (construction).
• Question three: Is it better to apply for a loan and then apply for reimbursement from maternity capital or ask for financing for the down payment on the loan?