Can a father apply for maternity capital? Does a father have the right to maternity capital: analysis of possible situations Can he receive maternity capital?

Over the past decade, a program has been implemented in Russia aimed at supporting families with two or more minor children. It involves providing these families with certain, and quite significant, financial support. The latter consists of paying a certain amount of money, known as maternity capital. Based on the name, it is completely fair to assume that women most often receive it. Can a father receive maternity capital?

More recently, the State Duma adopted amendments to legislation regarding this issue. Now the corresponding certificate is available to single fathers who have two minor children in their care. Our article is devoted to a description of all the necessary conditions and procedures for a father to receive maternity capital.

Does the father have the right to maternity capital? Maternity capital can be provided to the father, based on existing legislation, if one of the following conditions is met:

  1. The man has Russian citizenship and is the father of two or more children, whom he is raising alone. He must also have a list of documents confirming the legality of paternity.
  2. If the mother is deprived of the right to receive a maternity certificate, the father of the child has the right to maternity capital. In the current situation there are no restrictions regarding his citizenship.

Reasons why a wife cannot take maternity capital:

  1. In case of death confirmed by relevant documents.
  2. Deprivation of parental rights.
  3. If at birth the mother has notarized the baby.
  4. A crime against a child proven in court.
  5. Refusal to adopt a child.

In what cases is it impossible for a father to receive material capital:

  1. The husband does not have the right to register maternity capital if he is not the biological father or adoptive parent of the children.
  2. Court verdict recognizing children as orphans after the death of their mother.

Document preparation procedure

If a man has rights to family capital, he needs to contact the pension fund office at his place of residence. He needs to have a list of documents with him, including:

  • passport or other identity document;
  • birth certificates of children or a court decision on adoption;
  • mother's death certificate or certificate of deprivation of her parental rights;
  • certificate of pension insurance;
  • application of the established form.

After completing the necessary papers, an analysis of the provided information is carried out, lasting no more than one month from the date of their provision. The result is sent by registered mail to the applicant. If the decision was positive, the message indicates the date of receipt of the benefit. If the result of consideration of the issue is negative, the letter contains a description of its reasons. The latest decision can be appealed in court.

Use of funds

How can a father use maternal capital? This would seem to be a very stupid question. If only there was money, there would always be a use for it. However, not all so simple. The legislation clearly states what maternity capital funds can be spent on. This list includes:

  • improving housing conditions (for example, paying off existing mortgages);
  • use the funds received to participate in shared construction or purchase of housing;
  • payment of all types of expenses for the child’s education;
  • funded pension.

What you cannot do with the funds received:

  • buy a plot of land;
  • purchase a car or other equipment;
  • pay off rent arrears;
  • pay for treatment.

The recipient of the certificate must remember that he has the right to use the financial assistance received only after his child reaches the age of three. It should also be emphasized that an attempt to convert the funds of the family foundation into cash will not succeed and will result in proceedings that threaten criminal prosecution.

Helpful information

To better navigate the issue described, it will be useful to know some of the secondary features of family certificates and information about the vicissitudes of considering applications for this type of assistance.

Features of obtaining certificates:

  • financial assistance is one-time in nature;
  • when the volume of financial assistance changes, they do not apply to already issued certificates;
  • You can apply as soon as the second and subsequent child appears (all of them must be the father’s children);
  • funds received in the form of assistance under a government program are not considered income and are not subject to taxes;
  • if the certificate is lost, it is duplicated;
  • When filling out an application for this type of government support, you can send the entire package of documents by mail or via courier.

Amendments to the legislation caused a large number of disputes and contradictions. Some of them resulted in litigation. Let's look at some of them.

Is family capital required if children are from different mothers? The answer to this question was recently given by the Perm court, which considered the claim of a citizen raising three children. Having found out the causes of the mothers' deaths, the judge was forced to grant the claim.

Can a father receive this type of assistance if he has a child from another marriage? The issue also sparked a legal dispute between the single father and representatives of the local pension fund. His first wife died, and his wife was deprived of parental rights. The claim was rejected.

At the moment, the procedure for registering family capital for single fathers requires a lot of effort and time. Collecting and providing all supporting documents requested by representatives of the pension fund may take more than one month.

The current situation is partly the result of amendments to the relevant articles of legislation on support for large families. Because of this, a fundamentally new situation has arisen, in which not all employees of the responsible department are oriented. They simply lack practice. Nevertheless, there is a noticeable positive trend in this issue.

One way or another, in the event of a refusal to provide maternity capital for a second child, the father has the right and must seek this through the court, because we are talking about the child’s well-being. We hope this information was useful to you!

Over the past decade, a program has been implemented in Russia aimed at supporting families with two or more minor children. It involves providing these families with certain, and quite significant, financial support. The latter consists of paying a certain amount of money, known as maternity capital. Based on the name, it is completely fair to assume that women most often receive it. Can a father receive maternity capital?

More recently, the State Duma adopted amendments to legislation regarding this issue. Now the corresponding certificate is available to single fathers who have two minor children in their care. Our article is devoted to a description of all the necessary conditions and procedures for a father to receive maternity capital.

Does the father have the right to maternity capital? Maternity capital can be provided to the father, based on existing legislation, if one of the following conditions is met:

  1. The man has Russian citizenship and is the father of two or more children, whom he is raising alone. He must also have a list of documents confirming the legality of paternity.
  2. If the mother is deprived of the right to receive a maternity certificate, the father of the child has the right to maternity capital. In the current situation there are no restrictions regarding his citizenship.

Reasons why a wife cannot take maternity capital:

  1. In case of death confirmed by relevant documents.
  2. Deprivation of parental rights.
  3. If at birth the mother has notarized the baby.
  4. A crime against a child proven in court.
  5. Refusal to adopt a child.

In what cases is it impossible for a father to receive material capital:

  1. The husband does not have the right to register maternity capital if he is not the biological father or adoptive parent of the children.
  2. Court verdict recognizing children as orphans after the death of their mother.

Document preparation procedure

If a man has rights to family capital, he needs to contact the pension fund office at his place of residence. He needs to have a list of documents with him, including:

  • passport or other identity document;
  • birth certificates of children or a court decision on adoption;
  • mother's death certificate or certificate of deprivation of her parental rights;
  • certificate of pension insurance;
  • application of the established form.

After completing the necessary papers, an analysis of the provided information is carried out, lasting no more than one month from the date of their provision. The result is sent by registered mail to the applicant. If the decision was positive, the message indicates the date of receipt of the benefit. If the result of consideration of the issue is negative, the letter contains a description of its reasons. The latest decision can be appealed in court.

Use of funds

How can a father use maternal capital? This would seem to be a very stupid question. If only there was money, there would always be a use for it. However, not all so simple. The legislation clearly states what maternity capital funds can be spent on. This list includes:

  • improving housing conditions (for example, paying off existing mortgages);
  • use the funds received to participate in shared construction or purchase of housing;
  • payment of all types of expenses for the child’s education;
  • funded pension.

What you cannot do with the funds received:

  • buy a plot of land;
  • purchase a car or other equipment;
  • pay off rent arrears;
  • pay for treatment.

The recipient of the certificate must remember that he has the right to use the financial assistance received only after his child reaches the age of three. It should also be emphasized that an attempt to convert the funds of the family foundation into cash will not succeed and will result in proceedings that threaten criminal prosecution.

Helpful information

To better navigate the issue described, it will be useful to know some of the secondary features of family certificates and information about the vicissitudes of considering applications for this type of assistance.

Features of obtaining certificates:

  • financial assistance is one-time in nature;
  • when the volume of financial assistance changes, they do not apply to already issued certificates;
  • You can apply as soon as the second and subsequent child appears (all of them must be the father’s children);
  • funds received in the form of assistance under a government program are not considered income and are not subject to taxes;
  • if the certificate is lost, it is duplicated;
  • When filling out an application for this type of government support, you can send the entire package of documents by mail or via courier.

Amendments to the legislation caused a large number of disputes and contradictions. Some of them resulted in litigation. Let's look at some of them.

Is family capital required if children are from different mothers? The answer to this question was recently given by the Perm court, which considered the claim of a citizen raising three children. Having found out the causes of the mothers' deaths, the judge was forced to grant the claim.

Can a father receive this type of assistance if he has a child from another marriage? The issue also sparked a legal dispute between the single father and representatives of the local pension fund. His first wife died, and his wife was deprived of parental rights. The claim was rejected.

At the moment, the procedure for registering family capital for single fathers requires a lot of effort and time. Collecting and providing all supporting documents requested by representatives of the pension fund may take more than one month.

The current situation is partly the result of amendments to the relevant articles of legislation on support for large families. Because of this, a fundamentally new situation has arisen, in which not all employees of the responsible department are oriented. They simply lack practice. Nevertheless, there is a noticeable positive trend in this issue.

One way or another, in the event of a refusal to provide maternity capital for a second child, the father has the right and must seek this through the court, because we are talking about the child’s well-being. We hope this information was useful to you!

Maternity capital is a state support measure in the amount of 466,617 rubles in 2020, provided for families in which a second (or subsequent) child was born after January 1, 2007. To receive a certificate, two main conditions must be met: the birth (adoption) of a second or subsequent child during the program period and the presence of Russian citizenship for the recipient and the child.

On January 15, 2020, Vladimir Putin, during his annual address to the Federal Assembly, instructed to make important changes to the maternity capital program:

  • introduce maternity capital for the first child in the amount of 466,617 rubles;
  • extend the maternity capital program until 2026 inclusive;
  • increase the amount of maternity capital by 150 thousand rubles - the total amount for two children will be 616,617 rubles.

All changes are planned to be introduced from January 1, 2020. Moreover, families with a first-born child will receive maternity capital in an increased amount upon the birth or adoption of a second child, starting from 01/01/2020.

The government must implement the relevant instructions of Vladimir Putin by April 15, 2020.

The rules for registration and disposal of maternal capital are established by Federal Law No. 256 of December 29, 2006. Its amount has not increased since 2016, its next one will pass in 2020.

Who is entitled to maternity capital?

According to Art. 3 of Law No. 256-FZ, if all are observed, obtain a certificate for maternal capital they have a right:

Right doesn't go over to the father or adoptive parent if:

  • He - stepfather for the previous child who was taken into account when becoming eligible for a certificate;
  • after the death of the mother, the child was recognized as remaining without parental care.

Parents and adoptive parents are deprived rights to maternity capital when:

  • die or are declared dead by a court;
  • are deprived of parental rights;
  • commit a deliberate crime against the person of a child;
  • the adoption of the child is cancelled.

Attention

Children) is deprived of the right to maternity capital only in case of death (declared dead in court).

How to register maternity capital?

To get certificate for maternity capital, the person applying for it must contact the Pension Fund with an application and mandatory documents:

  • Russian passport or other proof of identity and place of residence;
  • birth certificates of all children with a mark on Russian citizenship (if there is none, then another document confirming it is required).

In some situations it may be necessary additional documents, listed bellow.

Happening Document
The child is adopted adoption certificate
The application is submitted by a legal representative
  • identification;
  • proof of residence;
  • documents proving authority
Parent(s) or adoptive parent have lost the right to family capital
  • death certificate or court order declaring deceased;
  • court decision on deprivation of parental rights;
  • documents proving the commission of a crime against the child’s person;
  • confirmation of cancellation of adoption
Place of residence is not confirmed by registration documents confirming the actual place of stay.

If a family applying for maternity capital lives abroad, parents have the right to submit an application and documents directly to the Pension Fund on the territory of the Russian Federation.

Attention

You can apply for a certificate Anytime after the right has arisen - including after completion of the program, if a child appeared in the family while she was acting.

You can contact the Pension Fund using one of the following: established methods:

  • To the territorial branch of the Pension Fund:
    • in person or with the help of a representative;
    • send certified copies of documents and an application by post.
  • To the department of the multifunctional center (MFC).
  • Via electronic resources (application only):
    • citizen’s personal account on the Pension Fund website;
    • single portal “State Services”.

If the applicant applies via the Internet, then within 5 working days from the date of registration of the application, he must provide the remaining documents to the Pension Fund office, otherwise the issue will be denied.

Attention

The pension fund decides whether to issue a certificate or refuse the applicant within 15 days from the date of application. A certificate for maternity capital can be obtained in the form paper or electronic document.

In case of loss or damage, you can get duplicate by submitting a corresponding application to the Pension Fund.
In the registration of maternity capital there may be denied, If:

  • right to it did not arise or was lost during the application period;
  • information about the order of birth (adoption) and/or the citizenship of the child invalid.

What can maternity capital be used for?

In 2019, Part 3 of Art. 7 of Law No. 256-FZ, provides for the following presented in the table below directions use of maternity capital.

Direction What can you spend it on?
Improving living conditions
  • purchase of residential premises (primary or secondary) under a sale and purchase agreement, including installments;
  • payment of the cost of the agreement for participation in shared construction;
  • making an entrance (share) contribution to a housing cooperative;
  • construction (reconstruction) of an individual housing construction project (IHC);
  • compensation for the costs of construction or reconstruction of an individual housing construction project, if ownership of a new or expanded premises was registered after January 1, 2007;
  • payment of a down payment and/or repayment of principal and interest on a targeted loan or loan (including mortgage) for the purchase or construction of housing ( including refinanced)
The residential premises must be registered as the common shared property of parents and children
Getting children an education
  • institutional training higher (Bachelor's, Master's, Postgraduate, Residency A), secondary special (college, technical school), additional (sections and circles) education;
  • child's accommodation in a dormitory;
  • maintenance and (or) supervision and care of a child in preschool and secondary education organizations
The first, second, and any subsequent child - natural or adopted - can receive an education at the expense of mat capital.
Mother's funded pension Sending funds to:
  • state pension fund;
  • non-state pension fund
Purchasing goods and services necessary for a disabled child’s social adaptation Compensation for purchased goods and services included in the list established by Government Decree No. 831-r dated April 30, 2016.
Monthly allowance for a second child under 3 years of age The family has the right to it if:
  • the child was born (adopted) after January 1, 2018;
  • The average per capita family income is no more than 2 times the subsistence level of a constituent entity of the Russian Federation for the 2nd quarter of the previous year.

You can apply for an order later three years after the birth (adoption) of a child. The owner of the certificate has the right to submit an application earlier if the maternity capital is used for:

  • payment of the down payment and/or repayment of principal and interest on a housing loan or loan;
  • purchasing goods (services) that serve to adapt a disabled child to society;
  • payment for preschool education and other expenses related to it;
  • receiving a monthly payment for the 2nd child under three years of age.

Attention

Any attempts to cash out maternity capital illegal and are punished under Article 159.2 of the Criminal Code of the Russian Federation Fraud in receiving payments. The legal way to receive money from the certificate is to issue a monthly allowance for the second child (born no earlier than January 1, 2018).

As an anti-crisis measure to support families in 2015-16, the Government of the Russian Federation provided for the possibility of receiving lump sum payments from maternal capital funds: 20 and 25 thousand rubles, respectively. Apply for them in 2020 it is forbidden.

Changes in 2019

In 2019 there were a number of serious changes affecting the management of maternity capital:

  1. On March 29, Federal Law No. 37 came into force, which introduced into Law No. 256-FZ a provision that now the Pension Fund will independently request information about suitability purchased residential premises for accommodation from local governments and other institutions.
  2. If maternity capital is used to build a house, the owner of the certificate now has the right to provide a construction notice to the Pension Fund.
  3. According to the amendments introduced by Law No. 37-FZ, targeted loan or loan for the purchase (construction) of housing it will be possible to take only V:
    • banking and non-banking credit organizations under the jurisdiction of the Central Bank;
    • credit consumer cooperative (CPC);
    • Unified Institute for Development in the Housing Sphere JSC "Dom.RF".
    • agricultural CPC.
  4. As established by Art. 1 of Law No. 205-FZ of 08/02/2019, from January 1, 2020, the monthly benefit for the second child will be paid until he turns 3 years. In addition, the income threshold will increase from 1.5 to 2 living wages for the working population.
Possibility to obtain a housing loan (loan) from an employer or another organization not specified in the list abolished.

On April 24, 2019, at a meeting of the Light of the Federation with Vladimir Putin, Valentina Matvienko proposed extend action of maternity capital until 2025. For now, the program runs until the end of 2021. Deputy Prime Minister Tatyana Golikova instructed the Ministry of Labor to consider the issue of extending the maternity capital program - the report must be submitted by March 1, 2020.

On May 30, 2019, bill No. 721208-7 was introduced into the State Duma, which proposed adding a new direction for spending funds: purchasing a car. However, it was rejected before the first reading.

If it were accepted, then certificate holders would be able to use maternity capital to purchase a car worth up to a million rubles, provided that it was produced in the Russian Federation, was not previously registered and, in addition to the driver’s seat, has three more passenger seats.

Russian President Vladimir Putin instructed the Government to consider the possibility of using capital for gas, water and sewerage.

In addition, the State Duma is considering bill No. 846971-7, which allows the certificate funds to be spent on the construction of a residential building on a garden plot, and bill No. 839769-7, which allows the use of maternity capital to pay for a kindergarten organized by an individual entrepreneur.

The Ministry of Construction has prepared changes that will affect the rules for using maternal capital to improve housing conditions. According to them, the funds from the certificate can be spent on purchasing housing through an escrow account.

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Government support in Russia is provided to many families. Especially those who have children. The bulk of payments and benefits are issued, as a rule, to women. But fathers can also claim them. For example, for a benefit for caring for a newborn. Can a father receive maternity capital? And if so, how to do this? Everyone can learn about all this and more further. In fact, everything is not as difficult as it seems.

Definition

What is maternity capital? This is a large payment that is given to all families with several children. In order for a family to qualify for assistance from the state, it is required to raise two or more minors.

Is maternity capital given to the father? Such questions arise in families where dad is the only parent. Or when the mother, due to some circumstances, cannot act as a recipient of funds. What can be said about men and government support?

Payment amount

First, let’s find out how much money is allocated as maternity capital. After all, everyone can receive some benefits from the state, but doing so is problematic. Then some refuse to exercise their right to payment. Especially if we are talking about receiving a small amount.

In general, maternity capital is a large payment that is indexed from year to year. Today the “allowance” is 453 thousand 26 rubles. It will not be indexed until 2020.

A similar payment has taken place since 2015. It is possible that maternity capital will not increase in the future. However, this amount is greater than the bulk of government benefits. And so families are interested in whether the father can receive maternity capital.

Frequency of requests

Let's assume there is such a chance. But how many times does a family have the right to apply for state support of the type being studied?

The thing is that the mother’s capital is issued only once per family. This is a one-time payment that cannot be issued again. One family - one benefit. And an applicant for state support has the right to act as an applicant only once.

To be or not to be?

Is it possible for the father of the family to receive maternity capital? And how is it generally proposed to request appropriate government support?

According to current legislation, any parent has the right to maternal capital. Only in the case of the payment under study is it primarily the woman who takes advantage of the opportunity to receive money. That is, the mother of the children or their adoptive mother. Then there will be no problems.

The father also has the right to maternal capital. But only under certain conditions. They will have to be proven and confirmed in different ways. Otherwise, funds will not be issued.

When dad gets support

Can a father apply for maternity capital? Yes, but only under certain conditions. It is worth paying attention to the fact that the father has the right to maternity capital if:

  • he is the only adoptive parent or parent of the children;
  • Mom lost her right to the government support under study.

In other cases, you will not be able to claim payment. In a normal, complete family, maternity capital is registered in the name of the woman. A man does not have such a right.

Conditions for receiving

There are some other features that you will have to pay attention to. Maternity capital is a payment made to individuals who meet certain conditions. What is it about?

The recipient of the lump sum payment must:

  • formally raise two or more children;
  • have a spouse (if any) who is a citizen of the Russian Federation;
  • be a citizen of Russia.

That is, if the mother is foreign, the father is not entitled to maternity capital. This phenomenon does not occur very often in real life, but it must be remembered. After all, processing payments takes a lot of time and is accompanied by paperwork.

When mom loses her license

Can a father receive maternity capital? As we have already found out, yes, there is such a right. But implementing it can be problematic.

As already mentioned, fathers often gain the right to state support if mother loses it. This happens when:

  • the woman was deprived of parental rights;
  • mother died;
  • the wife was declared dead by the court;
  • the girl committed a crime against children, which is interpreted as a “crime against the person”;
  • the adoption, as a result of which the woman had the right to maternity capital, was cancelled.

That is, with a normal mother, a man cannot apply for state support of the type being studied. As we have already said, the right to capital will have to be proven. But more on that later.

When a man has no rights

First, we will have to consider situations in which theoretically the father of the family should have the right to the payment under study, but in reality he does not.

Maternity capital will be given to the father who meets the previously listed requirements. But there are exceptions. These are situations when:

  • the man is the stepfather to the children;
  • After the death of the mother or deprivation of her parental rights, the children were officially recognized as orphans.

Under such circumstances, a citizen will not be able to qualify for this type of support. Therefore, there is no need to think about registering capital. If dad has the right to maternal capital, it is worth considering the procedure for obtaining government support.

Where they ask

Is maternity capital given to the father? Yes, but not always. Ideally, this payment should be received by the mother of the children. But if this is impossible for a number of serious reasons, state support is due to the man in the family.

Capital is issued through:

  • multifunctional centers;
  • website "State Services";
  • Pension Funds of the Russian Federation.

Standard requests are not accepted anywhere else. Therefore, each applicant must independently decide where exactly to apply with documents and an application. The fastest service is provided by the Pension Fund. It's better to remember this. Especially if money is needed as soon as possible.

Algorithm of actions on a personal request

Can a father register maternity capital for himself? In exceptional cases there is such a right. But it's not as simple as it seems.

In order not to get confused in the procedure, it is important to follow the simplest instructions. They look like this:

  1. Collect evidence that a citizen has the right to receive government support.
  2. Generate a specific package of documents. We will get acquainted with their list later.
  3. Fill out an application for maternity capital.
  4. Submit a request to the registration authority. The application is usually filled out at a pre-selected location for accepting documents.
  5. Wait for a response from the Pension Fund.
  6. Receive a standard certificate.

That's all. It would seem that the procedure does not cause any difficulties. But in fact, it is problematic for a man to obtain a state maternity certificate for himself. This is due to the collection of necessary papers.

Basic documents

If the mother is not a Russian citizen, the father will not be able to take maternity capital. This rule is dictated by the state.

Let's assume that a man has received the right to state support of the type being studied. What then does he have to prepare?

Let's consider the main package of documents for maternal capital. It includes the following components:

  • the applicant's identity card;
  • SNILS of all family members (children and father);
  • birth certificates of children;
  • adoption documents;
  • certificates indicating the registration of children with their father;
  • divorce/marriage certificate (usually needed for mothers);
  • an application filled out personally by the applicant.

Collecting the listed documents does not cause any difficulties. Problems arise when it is necessary to prove the right to maternal capital.

Evidence for the Pension Fund

Therefore, we will consider the documents that will be useful for the implementation of the task.

Can a father receive maternity capital? Yes, but only under the conditions described earlier. And to prove his rights, he will have to additionally attach to the application:

  • death certificate of the spouse;
  • court decision to cancel the adoption;
  • court order on deprivation of parental rights;
  • certificate recognizing the deceased as the spouse and mother of the children.

In reality, everything is not as difficult as it seems. And with preliminary preparation, the citizen will cope with the task without any problems.

It is important to remember that the cancellation of adoption by the mother of the family does not take away the right to state support from the state provided to the father. If a man, after the woman’s adoption is revoked, remains in the status of an adoptive parent who is raising two or more children, he will be an applicant for maternity capital. Such situations do not occur too often, but they raise many questions.

Service delivery period

We found out whether the father can apply for maternity capital. Based on the foregoing, it follows that such a situation takes place in practice. But only as exceptions. Ideally, the mother should receive government support of the type studied.

How long does it take to process a request of the established form and the corresponding package of documents? Regardless of who the applicant is, the Pension Fund will study the application within 1-2 months. After this, the recipient will be given a certificate with the previously specified amount of money.

If we talk about the direct use of funds, then it will take 3-4 months to implement them. This is how long it takes the Pension Fund to transfer money to the recipient’s account. Therefore, if a family wants to use maternity capital for certain needs, it is necessary to notify the person providing the services in advance. Not all organizations accept standard certificates.

How to spend

Is it possible to register maternity capital in the name of the father? If you prepare correctly for the process, then there will be such a chance. But not in a complete family, where the mother has all parental rights on an equal basis with her husband.

What needs can the allocated funds be spent on? Fathers are allowed to use maternity capital for:

  • improving living conditions;
  • treatment of children;
  • training of minors.

But the “allowance” being studied cannot be used to increase a future pension. Only women have this right.

Cashing out

We considered the issue of receiving maternity capital by the father of the child. It's not as difficult as it seems.

Can a family cash out the certificate they receive? Or are the funds used for non-cash payments?

As of today, cashing out maternity capital is not available. This rule applies to both mothers and fathers. All transactions for spending the allocated money are carried out by bank transfer and only through the Pension Funds of Russia. There are no more options for the development of events.

Maternity capital is a benefit allocated from the federal budget to families who have given birth to a second, third or subsequent child. According to the law, the mother receives the payment, but in some life situations the father takes the role of the mother in the family.

According to the latest amendments made to the legislation of our country, it can be received by the father.

But at first, fathers who tried to legally obtain maternity capital were forced to go to court to prove their case.

A man has the right to receive a maternity capital certificate once in two cases:

  • If he is the sole adoptive parent of the second and subsequent children, provided that maternity capital has not been received before. The man must have Russian citizenship.
  • If the right to maternity capital has been transferred from the mother, who for objective reasons cannot realize it (for example, due to the abolition of parental rights or adoption). In this case, the citizenship of the man does not matter.

Separately, in the second case, we should highlight a rather rare situation when the mother’s right to receive maternity capital arises as a result of the adoption of her first child. If this adoption is canceled, the mother loses the right to maternity capital for subsequent children. If the father is also the adoptive parent of the first child, then if the adoption continues, the right to maternity capital passes to him.

In two cases, a man cannot claim maternity capital:

  • If in relation to a child whose priority was taken into account when issuing a certificate for maternity capital, he is a stepfather.
  • If the mother of the children is not a citizen of the Russian Federation.

It should be noted that the right to receive maternity capital is not related to the age of the first child. Even if he is already an adult, maternity capital will be allocated for the second child.

What documents are required

A certificate for maternity capital is issued at the territorial branch of the Pension Fund or through a multifunctional public services center.

A man entitled to receive it must submit the following documents:

  • Identity passport.
  • Certificate of pension insurance.
  • Birth certificates of children or court decisions on adoption.

If the right to a certificate was transferred to the father of the family from the mother, then additional supporting documents must be submitted:

  • A court decision to deprive a mother of parental rights or to cancel an adoption, a woman’s death certificate.

What can a father spend maternity capital on?

Maternity capital can be spent by fathers in one or two directions at the same time:

  • Improving living conditions.
  • Education of the child(ren).

Maternity capital can be spent for the specified purposes in parts or in whole, simultaneously or with a break.

As a general rule, a father can use maternity capital only three years after the birth (adoption) of the child with whom the certificate was issued. With the exception of cases where capital is used to repay a loan and interest on it taken for the purchase or construction of housing, which can be done without waiting for the end of the three-year period.

Men, unlike women, cannot spend maternity capital to increase the funded part of their pension.

 

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