Maternity capital to pay for kindergarten: what you need to know

Not long ago, in addition to using family capital to pay for a child’s education at a university or other educational institution , the government also decided to allocate the money provided by the certificate after the birth of the second child to services that are related to:

• child care;
• supervision;
• and content.

It is the responsibility of every parent to provide the best care for their child, and you can use maternity capital for this

Of course, it will not be possible to spend maternity capital to pay for the private services of a single nanny or an employee of the relevant agency, however, you can redirect funds to preschool educational institutions (now preschool educational organizations) at any time if you make the appropriate decision.

In order to use the funds provided by family capital, it is necessary, as in all other cases related to the spending of money allocated for the birth of a second child, you must contact directly the Pension Fund of our country and submit there the appropriate agreement, previously concluded between:

• owner of a family certificate;
• educational institution.

The contract must indicate that the services provided are provided on a paid basis . In addition, in the process of drawing up this agreement, a number of other features must be taken into account, without which it will not have sufficient legal weight for consideration by the Pension Fund.

It is also important to remember that you can transfer funds:

• only to a specific kindergarten;
• exclusively in non-cash form;
• starting from 2020, without waiting for the child for whom matrimonial capital was received to turn 3 years old;
• to pay for services for one or several children at once, at your discretion.

Which kindergarten to send your child to and part of the maternity capital funds is up to you to decide

It is also imperative to note that the government does not limit you in choosing kindergartens, and implies that payment can be made:

• as a state kindergarten;
• and a private kindergarten.

If your choice falls on privately owned kindergartens, then they are subject to the following requirements:

• the organization must be registered as a legal entity;
• the organization must be issued an appropriate license.

Unfortunately, it will not be possible , since the desired opportunity from the point of view of legislation is not provided for, despite the fact that the desired topic has long been on the agenda of government structures .

Maternity capital to pay for kindergarten

Unfortunately, once the decision is made to spend the funds on the certificate, it becomes impossible to return compensation. This is directly stated in Article 219 of the Tax Code of the Russian Federation, which is quite logical. A parent, counting on a social deduction, must confirm his expenses. In this case, he will be able to do this only in relation to parental fees.

Currently, preschool educational institutions can be paid for with a certificate. To do this, the parent needs to draw up a payment agreement with the preschool educational institution and then send it to the Pension Fund for approval and subsequent transfer of funds to the account.

What services are included in the list of “maintenance, supervision, care”

Services that fall into the categories listed in the section title are described directly in the law “ On Education in the Russian Federation .” They do not include many actions:

• organizing children's meals;
• parenting;
• hygienic care for children (personal hygiene);
• providing household needs (washing, cleaning, etc.).

However, not every kindergarten has the appropriate license, which will allow it to accept maternity capital funds as payment for the maintenance of your child, this also needs to be taken into account

All of the above services can be provided by kindergartens only if they have the appropriate license. Other educational institutions that provide similar services and have a license also have the right to care for children and receive monetary compensation from you in the form of funds withdrawn from maternity capital.

There are several types of educational organizations that implement programs that suit us. So, they can:

• be private;
• belong to any department;
• be municipal.

As we have already said, private kindergartens suitable for using maternity capital funds may take the form of an LLC . Those who have the form of “ IP ” cannot accept funds from you by law if they come as part of maternity capital.

Please note: in order for a preschool institution to receive funds from you without violating the law, it must provide care and supervision for children in accordance with sanitary and epidemiological requirements.

If you want the Pension Fund to allow you to pay for a specific kindergarten, study in advance the compliance of the conditions provided by this kindergarten with the sanitary and epidemiological requirements established by Rospotrebnadzor

Table 1. What sanitary and epidemiological requirements must be observed by the organizations that interest us.

Depending on the duration of the daily stay of children in kindergarten, services for their maintenance, according to official requirements, must be organized in the following way.

Table 2. How employees and management of these organizations are required to organize the stay of children in preschool institutions.

Is it possible to pay for kindergarten from maternity capital?

• Payments are made by bank transfer.
• There are no age restrictions on the use of funds.
• The institution must operate officially.
• Parents are not deprived of the right to apply for compensation.
• A preliminary agreement for the provision of services is required.

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With the help of MK, it is possible to pay for both private and public kindergartens. You can use funds to pay for two or three children at the same time. Their order and age do not play a role here. The main thing is that the preschool institution has a license.

How to pay for kindergarten using maternity capital

It would seem that it could be simpler than paying for kindergarten with maternity capital: you came to the kindergarten, signed an agreement, and took it to the Pension Fund. Ready!

It’s not as easy as it seems to actually understand the intricacies of paying with maternity capital for the maintenance of a child in kindergarten

Of course, if everything were really so simple, it is unlikely that citizens would en masse begin to wonder how to finally complete this transaction within the framework of the law and as quickly as possible.

You need to understand that the case you are looking for is accompanied by a number of different nuances that relate to:

• direct conclusion of the contract;
• various legal intricacies of the functioning of each educational preschool institution.

Funds due as payment to persons providing child care services can be transferred to the account of the relevant organizations only by bank transfer . In this case, the family must choose for itself how exactly the funds will be transferred to the account of a particular kindergarten:

• once a month;
• once in three months;
• once a year.

A month after the specialists of the Russian Pension Fund review all the documents you submitted, they will make a decision on whether to approve or refuse to use maternity capital funds. If everything goes well, the first transfer to the kindergarten account will be made two months after the decision is made, and subsequent transfers will be made according to the deadlines specified in the agreement.

Maternity capital to pay for kindergarten

There is another classification of kindergartens: municipal (the majority of them, they are usually inexpensive, the kindergartens are located near the house), departmental (such kindergartens are created at enterprises where the parents of the children attending these kindergartens work. For such parents, a departmental kindergarten is significantly cheaper, than for outside parents. Such a kindergarten will usually be far from home), private (in every sense a convenient kindergarten, more richly equipped, a smaller group in terms of the number of children and tastier food. One minus is the expensive cost of visiting).

The second step is to go to the Pension Fund branch at your place of residence and write an application for the allocation of Maternity Capital funds to pay for such and such preschool educational institution. (Insert the full name of the institution). Along with the application you will need: a passport, a certificate for the right to receive maternity capital, and a child’s birth certificate. The Pension Fund will also require copies of agreements between the parent and the preschool educational institution, and a copy of the preschool educational institution’s license.

Nuances of signing an agreement with a preschool educational organization

Parents who have familiarized themselves with the license and charter of the kindergarten can safely enter into an agreement with this educational preschool institution, since it has state accreditation

Parents who have decided on a kindergarten to which they are willing to give part of their maternity capital must first familiarize themselves with two main documents of this organization:

• charter;
• license.

Provided that the child enters a state kindergarten in accordance with the direction issued by the local Department of Education, an official agreement is drawn up between the preschool organization (the head will act as its representative) and the parents of the child sent to the kindergarten.

Next, we will study the features of drawing up an agreement to pay for a child’s stay in kindergarten and pay for this stay using maternity capital funds.

Sample of drawing up an agreement between parents and an educational institution providing preschool child care services

Table 3. What nuances must be observed when drawing up an agreement between the kindergarten and parents in order to be able to use maternity capital funds to pay for the child’s maintenance.

How to pay for kindergarten with maternity capital?

In order to use maternity capital to pay for kindergarten, it is no longer necessary to wait three years from the moment the child is born, giving the right to apply for this measure of social support; since 2018, this can be done immediately after receiving a personalized certificate. The applicant must provide all necessary documents to the Pension Fund. The application can be submitted in one of the following ways :

• when contacting the territorial department of the Pension Fund in person;
• through a multifunctional center;
• in electronic form through the State Services portal or the insured person’s account on the Pension Fund website.

When submitting an electronic application within 5 days, the certificate holder will need to provide documents to be attached to it.

The total period for transferring funds is no later than 1.5 months from the date of filing the application (a month for a decision and 2 calendar weeks for transfer). If the agreement provides for periodic rather than one-time payment, then the first payment will be made no later than 10 working days from the date of the decision (and subsequent payments in accordance with the terms specified in the agreement) by bank transfer to the bank account of the preschool institution.

The legislation provides that, at the request of the certificate holder, the submitted application for the disposal of MSK funds for education can be canceled . To do this, you must submit an application for cancellation before transferring maternity capital.

If a child stops attending kindergarten before the expiration of the contract or his death, the owner of the certificate must submit to the Pension Fund of Russia an application for refusal to send maternity capital funds, indicating the reasons. Documents are attached with the confirmation.

What documents are needed to pay for kindergarten with maternity capital?

Along with the application for spending maternity capital funds, you must provide the following to the Pension Fund:

1. Passport of the certificate owner or his legal representative.
2. Agreement between the preschool institution and the child’s parents.
3. Additional agreement .
   Since the contract is concluded once upon admission of a child to a preschool institution and is valid for several years until its end, it may not contain all the necessary data or life circumstances for changing the conditions. If any clauses are missing, an additional agreement to the contract is drawn up.
4. A copy of the license (if necessary) on the basis of which the educational activities of the preschool educational institution are carried out. The document must be presented to the Pension Fund only if the license information is not specified in the agreement.

Agreement with the organization

When signing the contract, be sure to read all the points. Particular attention should be paid to the basis of which legal documents the preschool institution operates. The contract must also indicate :

• the purpose of the preschool educational institution and obligations to support children;
• calculation of the fee;
• the period for which the fee is calculated;
• deadline for transfer of maternity capital;
• the procedure for returning unused funds in the event of a change in circumstances;
• details of the organization to whose account MK funds are transferred.

When you receive the contract and additional agreement from the preschool educational institution, it is better to double-check the invoice data. Due to incorrect information about the details, maternity capital funds are often returned and not credited.

Calculation of child support fees

The amount of parental payment for child supervision and care is established by the founder of the preschool educational institution independently (Part 2 of Article 65 of the Federal Law on Education), but it cannot be higher than the maximum value established by the regulations of the constituent entities of the Russian Federation for a specific municipal entity. The founder has the right to reduce the amount of funds collected from parents or not to charge fees at all under specific circumstances (the conditions and procedure are also determined independently).

Parental fees will not be charged for care and supervision for:

• disabled children;
• orphans or children without parental care;
• children with tuberculosis intoxication.

Circumstances under which parental fees may be reduced :

1. Illness of the child (a medical certificate is provided as confirmation).
2. When quarantine is announced.
3. Absence of a child during the summer period for no more than 75 days.
4. If the child did not attend the institution during the period of parental leave, but not longer than 3 months a year.
5. In case of downtime of the enterprise where one of the parents (or both) works.
6. In case of repairs or emergency work in the institution.

In any case, all issues of calculating the amount of parental pay, payment of compensation, recalculation in connection with the child’s failure to attend kindergarten must be resolved when concluding the contract. If circumstances change, you can sign an additional agreement with clarifications.

How to calculate the amount of parental payment for child support

The legislative acts of our country discuss in detail exactly how the budgets of various levels are delineated, from which funds are supposed to be taken for preschool education of children and their maintenance. Thus, according to the required legislative acts, the following can be noted:

• The regional budget is directly responsible for ensuring the educational process;
• the local budget of each locality is responsible for maintaining the property of organizations providing services to preschool children;
• for the maintenance of children, supervision and care will be taken directly from the parents.

The amount of payment that will be charged to parents is determined directly by the management of the preschool organization

The amount of payment that will be taken from parents for child care will be the amount determined directly by the person who founded the kindergarten . Thus, its maximum value is limited by the regulations of the regions of our country regarding each municipal entity located within its borders.

For some categories of citizens, mitigating payment conditions may be accepted, or payment for them may be canceled altogether. Such cases are also a regular practice. And if the first category is usually independently negotiated, again by the founders of the preschool educational institution, then it is mandatory to refuse to collect fees from children who:

• have a disability;
• left without parents (that is, orphans);
• have tuberculosis intoxication.

The methodology for calculating the amount of payments from parents is established not by the managers of kindergartens themselves, but by the local authorities of the region. In some regions of our country it even has a fixed amount (usually in the form of a specific percentage of the total monthly costs).

Of course, payments may also differ due to the diversity of the range of services provided by kindergartens.

In some cases, the amount of parental payment can be reduced by the management of the kindergarten, while partly the requirements for reducing or canceling payments are stipulated by law, and partly accepted at the discretion of the manager

Kindergartens can reduce the amount of parental payment for the following reasons:

• if the child has an officially confirmed disease;
• if a quarantine has been established in the group or in the entire lead;
• if a particular child was absent during the summer rehabilitation period, and the period of his absence during the summer months was no more than 75 days;
• if the child does not go to kindergarten during parental leave (this period cannot be more than 3 months per year);
• if there was downtime at the parents’ enterprise through no fault of theirs;
• provided that repair or emergency work is carried out in the preschool educational institution.

We cannot provide you with a single scheme for determining the amount of parental fees, since it simply does not exist. Most often, the amount of the amount is determined according to the calculation of the services actually rendered in a certain number of calendar days.

There is no single calculation for determining parental pay. In the general case, it is calculated based on the maintenance and care services actually provided, depending on the number of calendar days during which the service was provided.

Is it possible to pay for kindergarten with maternity capital?

According to changes made in 2014 to the Rules for the allocation of MSK funds, money can be spent on the maintenance of one child or all existing children and/or supervision/care for them in educational institutions implementing educational programs - preschool, primary general, basic general and secondary general education.

Kindergartens operating as individual entrepreneurs have the right to provide services for the maintenance of preschool children. Legal status and the need for certain documents are their distinctive feature:

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Is the right to compensation for parental benefits retained when paying with maternity capital?

To support families, the state offers partial compensation for payments.

According to the Law “ On Education in the Russian Federation ”, part of the funds paid by parents can be returned to parents in the form of compensation from the local budget. The required procedure is carried out with the aim of additional support for families who raise and educate their offspring.

The amount of compensation in question is regulated by the legislative acts of the regions of our country, and cannot be less than the established amount, which is calculated from the average amount of parental payments for care and maintenance:

• your firstborn (compensation of at least 20%);
• second child (compensation of at least 50%);
• third child and subsequent children (compensation of at least 70%).

At the same time, you need to understand that if you have the right to compensation for part of the payments made by the parents according to the agreement, the desired opportunity remains. In this case, the payment to be issued must be immediately calculated, taking into account the compensation of part of the parental payments.

How can you pay for kindergarten using maternity capital in 2020?

First, you must obtain a certificate confirming your right to receive a subsidy from the state. It is issued by pension fund employees upon an application written by the mother. You can use this document to pay for preschool education only when your youngest child turns three years old, and not earlier. But you can pay for the education of any of your children (even a schoolchild or student). Or for all of your offspring at once, even if they are assigned to different educational institutions. Documents must be submitted to the Pension Fund in advance, as they will be processed within sixty days. That is, if a child goes to kindergarten in September, then the papers must be brought to the Pension Fund in June. At the kindergarten, you enter into an agreement for the provision of services in relation to your child, on behalf of the certificate holder. The amount for the entire period during which the contractual relationship will be valid must be indicated.

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For example, from July 2014 you can use this money to pay for kindergarten. But this law also has certain restrictions. If you decide that you can now send your child to a private kindergarten with inflated requirements and individual conditions for the education and care of the child, then do not rush to rejoice. State benefits can only pay for part of the services provided in preschool educational institutions. At the same time, you must report for every penny spent from the subsidy, that is, provide it to the pension fund (after all, they are the ones who control the expenditure of funds from maternity capital). Even one incorrect document or the absence of some insignificant (in your opinion) piece of paper can get you punished for illegal spending of public money (according to scientifically - misuse).

Let's sum it up

Maternity capital can be used for various purposes, and keeping children in kindergarten is one of the most useful goals.

Maternity capital is an excellent help for families with more than two children. With its help, you can not only improve your living conditions, but also educate your own children, as well as provide them with the best possible care at a young age. Such treatment of a child will certainly have the most favorable effect on his attitude to the world, as well as his health, and what else do caring and loving parents need.