Payments to guardians of minors and the legally incompetent

The content of the article

• Who is entitled to guardianship payments
• Federal Guardian Allowance
• Regional Payments
• Regulatory framework
• What are the payments to the guardian of a minor in 2018?
• One-time allowance for transferring a child to a guardian
• Monthly payments from the regional budget
• Special reward
• Payment for guardianship of a disabled child
• How much do the guardians pay for an elderly person
• Compensation Terms
• Guardianship procedure
• Where to go
• What documents are needed
• Labor and tax benefits

To become a guardian means to receive an additional portion of duties. It is not always the decision to raise (maintain) a child or adult has to be made voluntarily. For example, a nephew was left without parents, and the question of transferring a minor to an orphanage is not even considered theoretically. A relative is taken in custody by an uncle or aunt. Or families that cannot have children want to give their love to the baby from the orphanage. Registration of guardianship is not only new responsibilities, but also the acquisition of rights. One of them is the ability to receive payments..

Who is entitled to guardianship payments

Guardianship – the commission of actions for the maintenance of another person. This may be a minor or senior citizen. A ward is of different statuses, for example, a disabled child, a disabled child, but their rights are protected by law. The state takes into account the particular needs of different citizens, allocating money for their maintenance through payments to guardians in the manner prescribed by law.

To apply for assistance, the guardian must meet the following requirements:

• age – before retirement age (60 for men and 55 for women, excluding pension reform raises);
• income – below the subsistence level or absent altogether (from an official source);
• the guardian is disabled, and the guardian constantly looks after him.

To apply for benefits, you can meet all the requirements at the same time or only one of them. All conditions are interconnected, for example, caring for a disabled person does not allow work, although the age of the guardian has not yet reached retirement. Three conditions are met. The second example is the maintenance of a competent guardian, which does not affect labor activity, but the enterprise went bankrupt, there was a reduction, and there is no source of income. One condition is met, but the right to pay is present.

Benefits are assigned only to those citizens who are engaged in the education of a young / old, organize his life, take care of his health condition. Particular attention is paid to incapacitated and incapacitated persons. It’s not enough for them to buy food and clothing. Often, the restrictions of the baby require specialized care, the involvement of medical workers, psychological specialists, educational institutions. Such children are under the special control of the guardianship authority and other social services. The same applies to care for the elderly, pensioners.

Federal Guardian Allowance

Payments for guardianship at the federal level are divided into three categories:

• Lump-sum – this is a payment for guardianship, paid once upon condition of applying for their appointment no later than six months from the moment of obtaining the corresponding status.
• Monthly – benefits transferred to parents for the maintenance of the ward. Assigned for each region separately. Depend on the age and social status of the family (large families, low income).
• Special – funds for the maintenance of persons with disabilities or persons with disabilities. This also includes state benefits that children themselves receive (for example, child support).

The number of children in orphanages, increasing every year, is a serious incentive for the government to make the decisions necessary to reduce the number of children. Payments for parents who have taken custody of the child is one of them. Amounts of benefits should cover the costs of maintaining a minor. The minimum that guardians can apply for starts from 15 thousand rubles. every month. Rules apply only for custody of children. Care by an elderly person is free, in rare cases – with compensation of 1.2 thousand rubles.

Regional Payments

Each individual region has the right to assign payments to families for establishing custody of children. Their size cannot be less than the guaranteed cash surcharge from the state. The territorial allowance must correspond to the region of residence. For example, for residents of the northern regions (Khanty-Mansi Autonomous Okrug, Yamalo-Nenets Autonomous Okrug, etc.), guardians receive an increased amount of the allowance depending on the coefficient adopted at the beginning of the year. So, from 01.02.2018, child custody payments will amount to more than 28 thousand rubles.

Regulatory framework

A family that has taken a person under guardianship or trusteeship must be well-versed in legislation. The main issues of guardianship are regulated by:

• The Law “On Guardianship” in April 24, 2008 No. 48-FZ (as amended on 01.01.2018);
• Family Code of the Russian Federation;
• Civil Code of the Russian Federation.

Certain issues related to tax benefits, mortgage privileges and other legal aspects of guardianship relationships are contained in federal and / or regional regulatory documents, government decrees of a narrow focus. For instance:

• Federal Law “On State Support to Large Families” No. 138-ФЗ dated November 17, 1999 indicates a list of benefits to be granted not only to large families, but also to guardians;
• The Law “On Amending the Tax Code of the Russian Federation” N 117-ФЗ dated August 5, 2000 added tax benefits for families who have taken custody;
• The Labor Code of the Russian Federation N 197-ФЗ dated 12/30/2001 is regulated by the issues of providing extended leave to families with wards, including maternity.

According to the norms of law No. 48-FZ (literally):

• “… 1) guardianship – a form of placement of minors (under the age of fourteen years of minor citizens) and citizens recognized by the court as legally incompetent, in which the citizens (guardians) appointed by the guardianship and trusteeship body are legal representatives of the wards and perform all on their behalf and in their interests legally significant actions;
• 2) guardianship – a form of placement of minor citizens aged from fourteen to eighteen years of age and citizens limited by the court of legal capacity, in which citizens (trustees) appointed by the guardianship and trusteeship body are obliged to render assistance to minor wards in the exercise of their rights and performance of duties, to protect minor wards from abuse by third parties, as well as giving consent to adult wards to commit acts by them under the Civil Code of the Russian Federation .. “

The main thing that foster parents need to understand is the difference between the concepts of “guardianship” and “guardianship”. It is expressed at the age of the ward. Before the onset of 14 years, a minor falls into custody. After – only guardianship. A child for whom custody is issued (up to 14 years old) remains so until adulthood, and when studying at a university – up to 23 years. The law does not establish differences in the receipt of monthly cash payments between categories.

What are the payments to the guardian of a minor in 2018?

Making custody of children gives the right to receive cash payments at the federal and regional level, one-time, monthly, specialized. So, for the maintenance of a minor the guardian will receive (in addition to a one-time amount of approximately 16.5 thousand rubles) monthly:

• per child up to the age of 12 years – about 16 thousand rubles;
• for a ward from 12 years old – about 22 thousand rubles;
• in a large family – more than 3.5 thousand each.

Payments are made until the person is 18 years old. When confirming the status of a full-time student, until graduation, but not more than 23 years. Education at the university of the eldest of children affects the status of a large family and the amount of compensation to guardians. To confirm the training, the student must provide a certificate of full-time attendance issued by the dean, certified by the seal of the institution.

One-time allowance for transferring a child to a guardian

One-time assistance for taking a child under guardianship is subject to annual indexation. For example, in 2017, the level of payment to guardians was (tentatively) 16350 rubles. The indicated size is the minimum that foster parents are entitled to count on. A guardianship allowance is made to each ward. One-time assistance does not depend on family income.

Citizens who are officially working, when establishing custody of a child, are entitled to lump sum payments, as at birth. Maternity, lump-sum allowances are accrued in the amounts established by the collective agreement in compliance with labor legislation. Any parent, not just mom, can apply for help from the employer. Amounts are calculated based on average earnings for the last six months.

Monthly payments from the regional budget

Payments to guardians at the regional level significantly help families cope with child support. Regardless of the level of wages, additional material assistance is needed for any region. So, for families living in Moscow, 16.5 thousand rubles are paid for the maintenance of children under 12 years old, and 22 thousand rubles each are paid. Compensation is provided for every minor family member. Large parents receive more than about 10 thousand rubles in total.

Special reward

Not every family is ready to take a child. This is especially true for older children, from 6 years. The regional authorities are trying in every possible way to help those who nevertheless decided to guardianship, and give a good incentive to those who have not yet begun to act. Additional payments are calculated for each adopted, can be set for different periods. For example, for residents of Moscow, special remuneration for guardians is due:

• annually 10 thousand rubles. – for the needs of the child (school, kindergarten);
• for compensation of utilities and other utilities – 800 rubles. monthly;
• compensation for travel to a place of rest or rehabilitation – about 4.5 thousand rubles once a year;
• limitation of the maximum mortgage lending rate.

Payment for guardianship of a disabled child

Keeping a child with a disability requires additional costs for treatment, specialized training. Families who decide to take custody of such children have the right to receive an additional allowance of 5.5 thousand rubles. every month. A feature for this category is the right to receive a land plot free of charge or with preferential terms. The rules and regulations are governed by regional law. Details can be found in social protection centers.

Payments may change annually; their size is affected by indexation. It is legally guaranteed that a disabled child will receive an increased allowance. Parents who learn about the amount of 5.5 thousand, sometimes do not even apply for assistance, forgetting about the guaranteed minimum for the ward. The basic monthly compensation prescribed by law, for example, in a family with one disabled child under 12 years old, will be 16 thousand + 5.5 thousand = 21.5 thousand rubles, for a minor over 12 years old – 22 thousand + 5 5 thousand = 27.5 thousand rubles.

Additionally, a disabled child has the right to receive a disability pension. Depending on the group established in the medical report, payments will range from 5.5 to 25 thousand rubles. Funds are paid to the minor’s card account, the guardian is allowed to dispose of (withdraw from the account) by special power of attorney. Details can be found on the Internet portals of the Pension Fund (PF) or the Social Insurance Fund (FSS).

How much do the guardians pay for an elderly person

The legal framework provides that caring for older people has nothing to do with the general rules for compensating guardians. Getting a benefit is not easy. To do this, you must simultaneously meet the following requirements:

• care is provided for a disabled person of group 1;
• the guardian has not reached retirement age;
• no salary income.

If all the indicators are observed, any person caring for an elderly person, for example, children, can receive compensation, but neighbors can receive it. Special custody is not required. The size will be 1200 rubles per month. An exception is payments for residents of certain regions, for example, northerners. Such citizens will receive up to 5500 rubles as much as possible.

Compensation Terms

Not everyone can get payouts due to guardians. Persons will not be able to receive compensation or even take custody in any way:

• incompetent;
• minors;
• convicted;
• deprived of parental rights;
• lost the right to guardianship by decision of state bodies;
• failed to cope with childcare obligations due to health reasons.

Payments are due to competent persons who have not reached retirement age, without the main source of income, who applied for benefits on time:

• six months from the date of guardianship – for monthly payments;
• three days – for one-time help.

Guardianship procedure

Just because payments to the guardians on the card are not transferred. To obtain them, you need to issue a special status, obtain permits, and collect certificates. First you need to formalize custody. Keeping a child on a voluntary basis, without receiving a document from a guardianship authority (for example, an agreement on registration with a foster family) does not give the right to make payments.

For registration you need:

• take custody;
• discuss with the representative of the guardianship authority what privileges are given to the family;
• apply to the social security fund of the region where the guardians are registered.

Where to go

To apply for a benefit, it is not necessary to stand idle in the funds. It is convenient to carry out the entire procedure in a multifunctional center (MFC) at the place of registration. It’s not necessary to go to the center, all stages can be performed on the official portal “State Services”. The place of applying for help does not matter, all data is forwarded to the FSS.

What documents are needed

The special authorities must provide copies and documents in the original according to the list:

• application for processing payments;
• guardian’s passport;
• guardian’s birth certificate or passport;
• custody document;
• certificate of examination of conditions and confirmation of cohabitation with the ward;
• certificate from the place of study;
• bank card details.

Registration by personal presence in the FSS implies the delivery of all documents as a package. At MFC, copies of documents will be made directly by the inspector. Each document will be printed, certified by the applicant. The guardian will receive a receipt with a list of submitted documents. For registration through the portal, you need to scan the paper yourself, then attach it electronically. The portal guarantees the protection of information (personal data).

Labor and tax benefits

Payments to guardians are not the only support from the state. The Labor and Tax Codes of the Russian Federation contain a number of rules on the additional legal protection of guardians. Labor benefits include:

• Part-time employment opportunities for persons whose guardianship has not reached 14 years. The level of wages will be calculated on an hourly basis, may not reach the legislative minimum.
• The right to extra leave. The standard rule states the right to leave (maternity) if the ward is less than 3 years old. Payment of 40% of the average monthly income will remain only the first 1.5 years. If permitted by the collective agreement, the guardian may apply for an additional vacation of 14 calendar days without pay. You can use it all at once or in parts.
• Receiving an additional day off once a week (not more than 4 per month) subject to care for a disabled child.
• Caring for young children are not entitled to offer night hours of work or overtime without their written consent.
• The right to a single leave to accompany the ward to the place of admission to a higher educational institution.

Tax benefits include the right to receive a tax deduction. It is expressed in the absence of personal income tax assessment of 13% on part of income from wages, material assistance, vacation pay and compensation. It is provided to one of the parents in full, or in both equal parts:

• 1400 – for the first two children;
• 3000 – on the third and next;
• 6000 – for a person containing a disabled person.

Confirmation of the right to receive a privilege occurs after submitting an application in the name of the head with the provision of documents. It can be formalized by filing a tax return for the previous calendar year. To do this, you should contact the Federal Tax Service at the place of registration or at the MFC. There is a right to make a deduction through the Internet portal of the website “State Services”.