There is a list of certain requirements and restrictions on the use of maternity capital, some of which were canceled last year (we are talking about the cancellation of the use of the down payment when applying for a mortgage before the child reaches three years old).
Options for rational investments of maternity capital
1. The leader in this list is the down payment in the process of purchasing a new property (apartment).
In order to achieve the desired result, the main thing you need to do is obtain a certificate. The next step is to provide it and all the necessary documents to the bank that provides the mortgage.
The Pension Fund makes the necessary payment to the bank only after thirty days from the date of receipt of the mortgage. After the payment has been made, the bank recalculates the remaining loan amount. Such manipulation can be carried out only after the baby reaches three years of age.
2. Purchase of unfinished housing in the form of a share contribution, which will consist of funds received from the state.
The family certificate provided to the construction company is payment. Exists a large number of risks with investing maternity capital (and not only) in unfinished construction. To avoid disappointments and losses, parents should initially take a responsible and serious approach to choosing a developer company.
3. Partial or complete closure of a mortgage (targeted) loan.
Main stages to help achieve the goal:
- Submission to the Pension Fund of the agreement, which was drawn up by the bank at the time of receiving the loan. The stated purpose of the loan – “purchase of real estate” – is a prerequisite.
- In addition to the agreement, you must provide the Pension Fund with an account statement indicating the amount of the outstanding balance.
- The Pension Fund will close the debt no later than 30 days from the date of submission of documents.
Mortgage debt can be paid off immediately after the birth of the child. In this case, the restriction regarding waiting until the age of three years does not apply.
4. Financing for the construction of private residential real estate allows you to receive maternal money in your hands.
In order to do this, the certificate holder must:
- Provide documents to the Pension Fund for land plot, agreement with construction company and building permit;
- 50% of the total amount will go to the account specified by the applicant;
- Only after documentary confirmation of the funds spent, the certificate holder receives the remaining 50% from the Pension Fund.
5. The process of investing maternity capital for the expansion or reconstruction of residential premises, similar to the previous one.
Only the documents submitted differ. The Pension Fund must submit a permit for reconstruction from YUTI, an estimate of costs and an agreement with the construction company.
6. Nutrition and education in kindergarten or school.
This option also includes payment for the student’s (child’s) accommodation in a dormitory from the relevant educational institution.
By submitting an application to the Pension Fund, a payment schedule and an agreement on receiving food (providing educational services).
7. The mother's pension helps to increase the amount of pension payments in the future.
This solution is resorted to when other options are not suitable or there is no need to use them.
To implement this option, you must submit a package of documents such as:
- Original certificate;
- Passport;
- SNILS.
Maternity capital is government assistance to families who have a second, third, and further child. Mothers who gave birth to or adopted a child are entitled to the payment, provided that no documents were submitted for the issuance of a certificate before the child was born in the family. The funds received can only be spent on purposes provided for by law.
What is maternity capital
In Russia, this financial assistance has been paid since 2006. The cash benefit is aimed at supporting childhood and motherhood. Despite economic crisis, the government decided on the need to extend the state program. In many areas, two types of maternity capital are issued:
- regional;
- federal.
The national certificate is valid throughout the country, and in 2018 its amount is 453 thousand 26 rubles. Regional benefits are issued by the regional administration to residents registered on their territory.
Help for families
Important! Regional capital is not issued in all regions of the country. Each region has its own rules for issuing a local certificate. In particular, in the Rostov region, the governor’s financial support program is aimed at low-income families, in which the third baby was born.
How to use maternity capital
The state allows you to dispose of the funds received when the born baby turns 3 years old. If the child was adopted, the benefit will be used only three years after documentary confirmation of his transfer to the family.
What can you use mat capital for? There are permitted and illegal ways to use the funds received.
How can you use maternity capital money?
Money can be targeted:
- for the purchase of housing;
- to expand living space;
- payment for children's education;
- treatment and adaptation of a sick child;
- formation of mother's pension.
Buying an apartment (house)
The money can be spent on purchasing a home. Each family member will receive their share of the purchased property. State program it is stipulated that the family has the right to buy:
- apartment;
- share in residential premises.
Important! Real estate purchased for maternal capital, must be suitable for habitation.
A family can buy a secondary home or a new building. Cannot be purchased:
- unfinished house;
- unheated housing;
- share in a one-room apartment;
- housing located in a special fund.
Important! To confirm solvency, when completing the act of purchase and sale of real estate, buyers present a certificate for maternity capital. The money is not cashed out; it is transferred by the pension fund to the seller after confirming the legality of the transaction.
An encumbrance is placed on the purchase and sale agreement for a home until payment is made. Until the money arrives in the seller’s account, the home will be under a mortgage. After the funds are transferred to in full, the person who sold the family premises is obliged to contact the nearest branch as soon as possible civil service"My Documents".
You can buy a home with your mother's money
Improving living conditions
The family has the right to spend money received from the state on the reconstruction of their living space. A private house can be completed or repaired. After the work carried out living space should be increased:
- The attic was rebuilt into an attic and utility room. premises for children's bedrooms;
- new rooms have been built.
Maternity capital can be spent on reconstruction or renovation of the house with the obligatory increase in living space. During reconstruction, you can start new capital construction to expand the house, convert the attic into an attic and carry out other work aimed at expanding the living space.
Construction work can be done on your own or you can hire specialists. All money is transferred to the builders in full immediately after the conclusion of the contract. If the construction of the house is carried out by the family itself, then only half of the funds will be credited to the account. Remaining finances government bodies will be allowed to be used only six months later, after receiving evidence of the construction done during this period.
If the house had already been built at the time of receiving the certificate, maternity capital can be used to compensate for the costs incurred in its construction.
Important! The housing must have been built after 2007.
Loans, credits and mortgages under capital
Credit transactions related to the use of maternity capital should be aimed at purchasing or improving housing. With funds received from the state, you can repay a loan previously taken out to purchase a home.
Maternal money cannot be used to repay loans taken from the bank for the purchase of:
- land;
- car;
- education.
Maternity capital can be directly used to pay for children’s education.
Loans for the purchase of housing using maternal capital can be provided by:
- microfinance organizations;
- banks;
- consumer cooperatives.
Important! The purchased housing must fully satisfy the requests of the Pension Fund and the bank. The purchase and sale transaction can be completed after the property has been approved by both organizations.
The funds can be used to repay an existing loan taken out to purchase a home. The money will be transferred to the bank within 14 days. After this, the credit institution will recalculate the remaining amount of the debt, after which monthly payment will decrease significantly.
Upon registration mortgage loan The following difficulties may arise:
- the selected housing must be inspected by a Pension Fund inspector. If it is found unsuitable for habitation, you will have to look for a new option;
- It takes 2 months to issue a certificate. So that sellers do not have to wait for the document to be issued, they need to start looking for suitable housing after receiving it;
- The bank may refuse to apply to a family with a non-working mother and small children. During maternity leave total income falls significantly, if possible, you should wait until the baby goes to kindergarten and the mother can return to her workplace.
Payment for education
The money can be spent on paying for children’s education in any Russian educational organization that has state accreditation and licenses:
- nursery;
- kindergartens;
- schools;
- colleges;
- Universities.
Payment is made after signing an agreement with the educational institution by transferring money to the account of the service provider. Maternity capital can be spent on the education of several children.
Transfer of funds towards pension
Maternity capital money, in whole or in part, by order of the mother of the children, can be used to accumulate her pension. Funds are transferred to management company or to a non-state Pension Fund, chosen by the woman at her own discretion.
Allocation of shares of children and husband when using mat capital
Each family member has the right to his share of residential real estate purchased with maternity capital.
Agreement on allocation of shares
The law establishes equal ownership of father, mother and children. Parents do not have the right to challenge the property rights of their children. Redistribution of property purchased with maternity capital money is impossible. Parents have the right to donate their share to their children.
Important! If at the time of purchase of housing the family officially broke up, the husband loses the right to a share even in cases where the certificate was received before the divorce. When registering the disposal of MK funds by the mother of children, it is enough to submit to the Pension Fund. In an incomplete family, all children and mother have the right to a share.
Fraud and scams with maternity capital
The certificate cannot be cashed; the money is transferred to the sellers of the purchased housing or organizations:
- construction;
- educational;
- medical.
The schemes of scammers offering cash for a mother’s certificate are quite complex. As a result of such a transaction, the family loses up to 25% of MK's funds, which are used to pay for the illegal service.
Fraud with mat capital
Law enforcement agencies have identified the most common ones associated with MK:
- exchanging a certificate for cash;
- receipt of government assistance by persons who are not entitled to it;
- manipulations of officials.
Fraudulent actions with maternity capital are prosecuted by law
The family has the right to decide for itself which method of using funds is most suitable for it. The main thing that cash were aimed at the correct directions provided for by law, and for this you need to know how to use maternity capital legally. Fraudsters who use fake documents and other fraud face prison sentences and fines.
One of the measures social support families in which a second and subsequent child has appeared is a family certificate. Parents who had a child born in 2007 or later have the right to receive funds from the state budget. If the issuance of a certificate is possible immediately after the birth of the baby, then it can be used only after reaching a certain age. Maternity capital up to 3 years can also be realized, but only if funds are used to improve housing using borrowed money.
Conditions for issuing the certificate
Basic provisions regarding receipt and sale family capital, are given in Federal Law No. 256, adopted in 2006.
Basic Rules
The terms and conditions for the implementation of the program are established by paragraph 6 of Art. 7 of the above law:
- the general right to use funds to pay for education, pension savings, and home improvement arises three years after the birth of the baby;
- the basis for sending funds from the state budget to a specific family is an application submitted to territorial office Pension Fund;
- In the event of the death of parents or deprivation of rights when transferring the baby to state support, the child personally will be able to use maternity capital, but only after reaching adulthood.
Requirements for housing purchased with maternity capital
Parents and other persons entitled to a family certificate have the right to use funds to purchase private houses and apartments on the secondary market and among new buildings.
The purchased housing must meet certain requirements set by the Pension Fund:
- the property is located within the Russian Federation;
- the apartment or house complies with established sanitary and hygienic standards;
- the acquired property is recognized as a full-fledged comfortable residential property.
An important condition must be taken into account when using capital for housing - in new apartment or the house must be allocated shares to all family members.
How to spend maternity capital up to 3 years
Despite general rule, which allows you to dispose of the certificate only after 3 years, an exception has been established.
According to clause 6.1 of Article 7 of Federal Law No. 256, funds can be spent without waiting for the child’s third birthday if the money is used to purchase housing using housing loans. Thus, if there is an urgent need to obtain more comfortable living conditions, parents can contact the bank and apply for a mortgage.
With absence own funds on initial capital, the solution will be to attract budget funds using a family certificate as a down payment.
The state program allows almost every family with two or more children to become owners of their own modern housing, providing their minor wards with decent living conditions and development.
The main criterion for using maternity capital for up to three years is participation banking structure in financing the transaction. This step is caused by the need to ensure control over the targeted allocation of budget funds within the framework of the areas prescribed by law. The state will compensate part of the funds from the debt to credit institution in the amount of maternity capital valid at the time of citizens’ application.
In 2017, families have the right to count on compensation in the amount of 453 thousand rubles if during the year they allocate maternity capital funds to a transaction agreed with the Pension Fund of Russia.
Most families write an application to transfer the amount due under the family certificate to pay off existing mortgage debts. However, there are alternative options that are also closely related to targeted bank lending. Largest banks countries provide comprehensive support in organizing such transactions and advise on issues of obtaining mortgages using maternal capital.
Main directions
The legislation considers the following options for disposing of a family certificate for parents who want to decide housing problems without waiting until the child is three years old:
- Directing funds to repay the principal debt (loan body) on a mortgage loan previously issued for the purpose of improving housing.
- Compensation for interest accrued by a credit institution for the use of borrowed funds for the purchase or construction of housing.
- Accounting for capital as down payment under a mortgage agreement with the bank.
home common feature All of the above options exclude parent borrowers as a link in the chain of transfer of funds. The money is sent directly to the bank using the details specified in the mortgage documents and in an amount not exceeding the balance of the debt or the amount of the family capital.
Paying off an existing mortgage
When taking out a mortgage, borrowers plan to repay the loan as soon as possible, saving on early repayment the amount of interest accrued. However, in practice, a lot of unforeseen situations arise that impede the execution of the plan.
The birth of a baby is always associated with additional expenses and an increase in the financial burden on the main breadwinners in the family. In this case, the law allows state aid to be directed towards full or partial repayment home loan, provided that the housing meets the requirements of the Pension Fund and the parent-holder of the certificate has issued notarial obligation on allocating each family member a share in the purchased mortgaged apartment.
In addition to purchase and sale transactions, it is possible to receive compensation during the construction of a residential property or its reconstruction.
The procedure for receiving funds consists of several steps associated with interaction with the following parties:
- credit institution;
- Pension Fund;
- the seller of an apartment or other residential property.
Before the creditor receives the funds, approval will be required from the local branch of the Pension Fund.
Features of the procedure
The process of selling maternity capital funds in the event of repaying an existing mortgage is simpler and eliminates the steps of finding suitable real estate and pre-approval of the transaction from the bank.
At the first stage, the parent who has received a family certificate applies to the Pension Fund with an application for disposal of funds under the state program and provides a full package of documents for the property, the borrower and his family members, mortgage agreement and bank statements.
The complete list is as follows:
- current mortgage agreement (copy);
- information from the lender about the amount of the remaining mortgage debt and interest (original);
- apartment security agreement;
- certificate of registration of ownership in Rosreestr (if available, for an apartment that has already been built and put into operation);
- documents establishing the right to an object under construction (when purchasing an object that has not been put into operation);
- agreement about shared construction(if the apartment is purchased in a building under construction);
- when sending funds as payment credit debt for shares or entrance fees, they request an extract from the register of the housing cooperative;
- permitting documents for the construction of a house (if the property has not yet been completed);
- a written obligation to register the apartment as the property of all family members.
Fund employees will review the application and check documents within a month. If all conditions for the sale of capital are met, the Pension Fund makes a positive decision and transfers the funds according to the details mortgage account in the bank.
After the funds are credited, the lender makes a recalculation, reducing the amount monthly fee taking into account the reduction in the amount of debt. If the funds on the family certificate are not fully spent, the remainder can be used for other legal purposes.
To pay the down payment
In the process of implementing the state social program assistance to Russian families, its rules are adjusted and supplemented. Thus, in 2015, according to Law No. 131-FZ, families that could not find start-up funds were given the opportunity to take mortgaged apartment, using funds from a family certificate as a down payment on a mortgage. Before the law came into force, such a right arose only when the child reached the age of three.
The registration procedure and package of documents at the Pension Fund are similar. The only difference is the need for additional actions related to finding a seller willing to wait for the completion of the approval process with the Pension Fund and transfer, as well as obtaining approval from the bank.
In the video about buying an apartment with the help of matkapital
Thus, parents who have a second and subsequent child have the opportunity to improve their living conditions using maternal capital funds or repay an existing mortgage loan with these funds.
Maternity capital is one of the measures state support 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 following goals(Part 3 of Article 7 of the Law of December 29, 2006 N 256-FZ):
- improvement living conditions on the territory of the Russian Federation;
- education of the child (children);
- formation 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 Supreme Court RF 06/22/2016).
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 targeted measure of state support is not part of joint ownership 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
Spouses with two minor children divorced in judicial procedure. 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 purchase minor child(children) full legal capacity if the application is submitted by a 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 shape of 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 in the form of an electronic document through the Unified Portal of State and Municipal Services or information PFR systems « Personal Area the insured person." Then executive The Pension Fund sends the applicant to electronic form 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 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. At positive decision 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 by Government Decree RF dated 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 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 in common property the owner of the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of shares 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, in general shared ownership the owner of the certificate, his spouse, children must be registered, including a real estate property that is not completed and has not been put into operation ( 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);
- agreement between educational organization and the owner of the certificate, 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 maintenance of the child 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, commodity or cash receipts or other documents confirming payment. The presence of the purchased goods is confirmed by an act drawn up 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).
According to statistical information, only 54.6% of citizens who issued a certificate for maternity capital applied for its use. The rest of the families are still thinking about what to spend their maternity capital on.
The fact is that budget funds are allowed to be used only in certain areas. Let's look at what it is allowed to invest in and what areas are not targeted in 2019.
The legislative framework
The program has been in effect since 2007. She was approved Federal law dated December 29, 2006 No. 256-FZ. In the text of this document explains how to use maternal capital. In addition, the law was amended:
- In 2011, the legislator allowed the use of a certificate for the construction (reconstruction) of a residential building with one’s own hands.
- 2015 brought changes related to the lifting of restrictions on spending budget funds in order to provide an initial mortgage payment. Now the certificate can be sent to the bank immediately after receipt.
- In 2016, it was allowed to use funds for the rehabilitation of disabled children.
- From January 1, 2018, you can issue monthly payments for the 2nd child until he is 1.5 years old.
The main conditions for attracting budget money, laid down in the legislation, look like this:
- it is allowed to use funds both in full immediately and in parts;
- the owner makes the distribution in an application form (through the local body of the Pension Fund of Russia - PFR);
- allocation of money from the budget is carried out exclusively in non-cash format;
- In general, it is allowed to apply for funds after the child’s 3rd birthday (except for repaying the mortgage loan).
The main limitation is that the young person reaches 25 years of age.
Where is it allowed to send maternal capital in 2019?
In addition, the owner of the certificate is not prohibited from spending the money in parts in different areas defined by law. These currently include:
- improving family living conditions;
- payment for services educational institutions(for any child);
- contribution to the pension savings fund for the mother;
- compensation for the purchase of rehabilitation means for disabled children (any child);
- monthly cash payments until the child reaches 1.5 years of age, in connection with whose birth/adoption a maternal certificate was issued.
On a one-time payment of part of the maternity capital
The money was allowed to be spent on urgent needs, that is, the legislator did not define goals for it. However, he introduced some restrictions. These included the following rules:
- payment was allowed to be received only once;
- it was considered anti-crisis and was transferred to the account of the certificate owner.
Do you need information on this issue? and our lawyers will contact you shortly.
Matkapital for housing
Most citizens, when considering how to use capital from the state, choose to spend on housing.
At the same time, mother’s money is allowed to be invested:
- in the construction of individual housing construction projects, residential buildings, including through joint efforts (housing cooperative) with or without the involvement of a contractor;
- reconstruction of premises, which implies a change in their intended use;
- payment of the first mortgage payment;
- reimbursement of interest on a housing loan;
- repayment of existing mortgage debt (principal, not including penalties);
- acquisition of the whole or part of a residential property, provided that the remaining share is already owned by family members or is acquired simultaneously with this part.
Investing in children's education
An order for the use of maternity capital is allowed in 2019 to pay for training and related services. It does not matter which child’s education the budget money is allocated to (by account, by degree of relationship).
The following conditions for spending funds are mandatory:
- the educational institution must have state accreditation;
- You are only allowed to choose an establishment located within the state borders of Russia;
- a beginning student should not be more than 25 years old (it is not necessary to enroll in a paid university immediately after graduation).
In addition, family capital funds can be used to pay for children’s visits:
- sports schools and sections;
- music and art educational institutions;
- courses on studying foreign languages.
Payment for kindergarten
Many mothers who are choosing how to use maternity capital are attracted by the opportunity to pay for their children to attend a good private kindergarten.
This possibility is stated in government decree No. 931 dated November 14, 2011. To implement it, the following conditions must be met:
- make sure that the preschool institution is licensed;
- carries out its activities in the country;
- conclude an agreement corresponding to the established template;
- highlight in it the price of services for child support:
- nutrition;
- upbringing;
- socialization;
- ensuring hygiene standards.
Pension for mom
The entire amount of state support or only a part can be invested in old age, that is, used for pension provision. This method of spending maternity capital is the least popular at present. If it is implemented, money can be received:
- at one time;
- as urgent payments (at least 10 years);
- for life in equal shares after reaching the appropriate age.
Where is it not allowed to spend family capital?
There is a constant discussion in society about other areas for investing maternity capital. Almost half of certificate holders have not decided where to spend government assistance. Citizens are not satisfied with the directions defined in current legislation. Thus, proposals have been made to include in the list of permitted purposes:
- purchase of vehicles;
- the attachment government money to the dacha;
- acquisition of land;
- compensation for apartment renovation costs;
- consumer loan payment.
Some of the stated proposals were discussed in the State Duma. Thus, since 2009, the legislative body has regularly introduced draft amendments to the law of December 29, 2006 No. 256-FZ, which provides for the purchase of a car for transporting passengers using a certificate.
Important! All of the above methods of using maternal capital prohibited by law.
In addition, there are other restrictions on the investment of public money included in the budget for the payment of state support to families with children. Thus, they are prohibited from repaying loan debt resulting from penalties.
How to spend maternity capital funds
In order to dispose of government assistance, you must contact the local branch of the Pension Fund. The certificate owner must do this by providing the following documents:
- certificate (original);
- ID card (copy of passport);
- SNILS.
In addition, you need to fill out an application for the disposal of family (maternity) capital funds. This is a standard form in which mandatory indicated special purpose spend
The decision to approve and transfer money is made by Pension Fund specialists within 1 month. Therefore, recipients must be notified of the delay.
Important! Applications for disposal of money under the certificate are allowed to be submitted as many as required. If a citizen changes his mind about spending some part of state aid, he should write an application to cancel the previous one.
The package of documents for the disposal of maternal capital includes papers justifying its intended use. They are described in government regulations:
- No. 862 of December 12, 2007 - for housing;
- No. 926 12/24/2007 - for educational services.
Monthly cash payment
At the end of 2017, the President of Russia added another direction for using maternity capital funds - monthly cash payments to families in which the second or subsequent children were born (adopted) after 01/01/2018. Conditions for receiving payment:
- The family must permanently reside in Russia.
- The income per family member should not exceed 1.5 times the amount living wage. When calculating the amount of family income, all money received by family members before taxes is taken into account.
The payment amount is the minimum subsistence level for children. You can apply for such a benefit at the territorial branch of the Pension Fund or the nearest MFC. An application for payment may be submitted simultaneously with an application for the issuance of maternal capital. The benefit will be paid until the child for whom it is assigned reaches 1.5 years of age.
The funds are transferred to the applicant’s bank account, and their spending is not controlled. In this case, the amount of maternity capital is reduced monthly by the amount of the monthly payment.
Which direction of investment to choose?
It is up to the owners of the certificate to decide how to spend the money allocated from the state. The legislator does not limit citizens in terms and choice of goals laid down in the legislation:
- family capital can be used even after the end of the program, that is, the certificate will not be lost;
- if the owner does not choose a method of investing the funds, they will automatically be involved in his pension provision after reaching the required age.
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