Payments for the maintenance of orphans and children left without parental care

Children left without parental care

Children can be left without a father and mother even if their parents are alive. This may happen if the mother or father:

• are treated in a special institution;
• deprived of parental rights or limited in them;
• are in prison;
• missing;
• declared dead;
• abandoned their children - they did not take them from special institutions.

In these cases, children are left without parental care. Social measures to support orphans are regulated at the federal level by Law No. 159 of December 21, 1996.

Pension for children in case of loss of a breadwinner

Important! Minors who are left without a breadwinner have the right to a pension. It is available to children under 18 years of age, but in the case of full-time education, the payment is extended until 23 years of age.

This type of pension is available to both born and adopted children. If a child is an orphan, that is, he loses both his father and mother, then he can receive the parent’s capital in double form.

If the child’s parent worked unofficially during his lifetime and does not have insurance experience, then only a social pension will be accrued. The same payment is due to children if their parents are unknown. For 2020, the social pension is equal to the following amounts:

• in case of loss of one of the parents – 5,240.65 rubles;
• for orphans – 10,481.30 rubles.

How pensions for pensioner guardians will be indexed

The procedure for annual indexation for pensioners who are guardians and trustees will be the same as for all non-working pensioners receiving an insurance pension. The exact pension indexation scheme has already been approved until 2024 inclusive and will be carried out according to the following scheme:

1. Changes will be made annually from January 1 .
2. The cost of the point and fixed payment will be indexed in accordance with indices that exceed the inflation rate predicted in the coming years.

The annual indexation schedule approved for the period up to 2024 inclusive is presented in the table:

Starting from 2025, pension provision will be indexed from February 1 and in accordance with the price growth index over the past year (this is approximately 4% annually).

How to apply for a survivor's pension

The insurance payment is due to those children whose parents had insurance experience. To do this, they must have at least 1 day of work experience. The labor pension consists of an insurance and a basic part. The insurance portion is calculated based on the pensioner’s length of service and income. Based on this, the IPC is established. The payment is accrued if the child did not work and was dependent on the deceased. The calculation is made using the formula:

PV = IPC x C + PV,

Where:

PV – amount of pension payment;

IPC – individual pension coefficient, that is, the number of points accrued during the period of work;

C – the cost of the IPC, which for 2020 is equal to 81.49 rubles;

FV - a payment in a fixed amount equal to 4982.90 rubles for an orphan and 2492.45 rubles - if only one of the child’s parents died.

In order to receive this payment, you will need to prepare a certain package of documents:

• birth certificate or passport;
• death certificate, certificate of missing breadwinner;
• certificate of salary of the breadwinner;
• labor breadwinner;
• military ID (if the breadwinner is a man);
• certificate of guardian status.

Recalculation for pensioner guardians from July 1, 2020

In connection with the entry into force of the law on the exclusion of guardians and trustees from the number of citizens classified as working pensioners, from July 1, 2020, pensions for these categories of citizens will be recalculated. The amount of their pension benefits will be recalculated taking into account the indexations missed during the years of the moratorium.

Let us recall that according to the general rules, the insurance pension (SP) is calculated according to the formula:

Annual indexation consists of increasing two parameters from this formula - SPK and PV. But for guardians and trustees, while they were considered working pensioners, these parameters did not change and remained “frozen” at the values ​​​​set at the date of retirement. Depending on the date of registration of their pension provision, the following values ​​of SPK and PV were used in the calculation:

From July 1, 2020, in connection with the adoption of the law regarding guardians and trustees, the pension will be recalculated taking into account the current value of the pension point of 93.00 rubles. , and the fixed payment is 5686.25 rubles. These values ​​have been approved since January 1, 2020 by Law No. 350-FZ of October 3, 2018.

Education for orphans

In terms of education, support for orphans consists of financial support. The state attaches special importance to the possibility of orphans obtaining a specialty for work in the future. In accordance with the law, orphans have the right to enter any secondary and higher professional institution, but only if they already have a general education.

Those orphans who will study full-time receive at least 1000 rubles. a one-time benefit, as well as clothing, shoes, inventory or equipment, or instead - compensation in money. Such children study for free. Thus, they have the right to receive only two vocational education in any educational institution, with the exception of private ones.

If for some reason a student cannot leave the educational institution on holidays or weekends, then the council of this institution may decide to support him free of charge. It includes both accommodation and meals. In addition, the university (other institution) where the child is studying assists in organizing treatment, for example, in granting academic leave. In this case, both state support and scholarships will be maintained.

While the orphan is studying, his financial support is provided by the state. Financial assistance is provided, which also includes a stipend that exceeds the university stipend by 50%. The student is also paid funds for stationery and literature. If orphans undergo internship, payments will be calculated in the amount of their salary. In addition, such students have the right to free travel on municipal transport once a year - over significant distances (

Pension for orphans in 2020

Orphans have the right to count on an insurance pension if their parents have died or are serving a sentence. The labor pension is paid monthly and is subject to annual indexation. The labor pension is calculated using the formula:

the basic part of the pension + the amount of pension points * the cost of the point.

The annual indexation of insurance pensions in 2020 took place on January 1 by 7.05%. As a result of the procedure, the values ​​of the variables included in the formula were:

• fixed base part - 5334.19 rubles .
• the cost of a point is 87.24 rubles .

Children left without parental care have the right to count on receiving a pension social benefit for the loss of a breadwinner until they come of age or until they reach 23 years of age, subject to studying at an inpatient university. The conditions for the appointment are that the parents have no experience or are unknown. The size of the social pension is fixed and amounts to 10,567.73 rubles .

Orphans retain the right to receive a pension even if they are adopted by another family.

Orphan benefits

Orphans and children deprived of parental care are entitled to annual cash benefits and material support:

1. Financial assistance for the purchase of stationery and literature necessary during training sessions. The amount of this benefit for orphans is equal to the amount of a three-month scholarship established in the region of residence of the orphan. The payment is made within a month after the children’s school season begins, from funds allocated by the educational organization from local budgets.
2. Payment in the amount of 200 rubles and full provision of seasonal shoes and clothing, as well as provision of the necessary soft equipment.
3. During weekends, holidays and vacations, students are provided with a place to stay and free meals for the entire time that the children are at the training center.

graduating from an educational institution, orphans have the right to count on several types of financial support:

• a one-time cash benefit in the amount of at least 500 rubles . Purchase of shoes, clothing and equipment from the funds of the training center of which they are graduates or, at the request of the graduate, full compensation of possible costs associated with the need to purchase seasonal shoes and clothing;
• free training course for preparation before entering universities;
• When entering a university, technical school or vocational school, children have the right to count on an increased scholarship amount ( 50% more than a regular scholarship ) and a hundred percent salary, which is accrued for the period of practical training.

Payments to guardians

Guardians of disabled children have the right to count on several benefits from their employer:

• overtime holiday pay;
• restrictions on overtime work and night work;
• restrictions on employment on weekends or holidays and on long business trips;
• If a disabled child of the 1st group is under guardianship, his guardian is provided with a labor allowance.

A capable adoptive parent of a child deprived of parental care has the right to count on a benefit in the amount of 17,479.73 rubles.

The law provides for payments to guardians of orphans and disabled children:

• one-time payments - paid from the state budget, in special cases (adoption of a disabled child, adoption of a minor over seven years old, adoption of brothers or sisters at the same time) reach 128,927.04 rubles in 2020 and 133,559.36 rubles in 2020 ;
• monthly - paid with municipal funds until the child reaches adulthood.

To obtain a monthly allowance, guardians of disabled children will need to contact the regional guardianship office at their place of residence, providing a package of necessary documentation. The list of required documents includes:

1. A certificate from the police department stating that one or both parents are included in the list of missing persons or those wanted by the police.
2. A medical document containing a diagnosis based on which the child’s parents will not be able to care for him in the future.
3. A document confirming the stay of the child’s parents in the place of imprisonment.
4. Birth certificate of the child under guardianship (a copy and the original must be submitted).
5. Passport of the potential guardian.
6. A document confirming the fact that the child is a foundling.
7. Certificate of death of the biological (real) parents of a disabled child.

After checking the provided documentation, employees of the guardianship authority will issue a verdict on assigning the type and amount of benefits to the guardian.

Payments according to the laws of the city of Moscow

Additional one-time payments for adoptive parents of orphans are established in the amount of the subsistence minimum per child:

• 5 PM ( RUB 51,950 ) upon adoption of the first;
• 7 PM ( RUB 72,730 ) - second;
• 10 PM ( RUB 103,900 ) - third.

For child guardians, monthly regional payments are:

• 928 rub . — compensation for payment of living quarters;
• 3000 rub . for an orphan child if he does not have the right to alimony or a pension.

Amounts of child benefits in Moscow that are available to families with a disabled child :

• 6000 rub . a citizen caring for a disabled person under 23 years of age.
• 1450 rub . upon the death of one of the breadwinners.

In order for payments to be made to orphans in Moscow, the applicant or his legal representative will need to perform a number of actions:

• collect a package of necessary documentation;
• contact the social protection structure, provide documents and write an application for subsidies - government officials will consider the submitted application within ten days from the date of its submission and issue a verdict on the provision of benefits;
• come to the social security authority to confirm the assignment of benefits.

The list of documents to be collected and submitted to the social security authority includes:

1. Certificate of death of the parents of an orphan child or a certificate from a maximum security colony in which a living parent is serving a sentence.
2. Passport of the adoptive parent (guardian).
3. Child's birth certificate.
4. A certificate confirming the fact of adoption or appointment of guardianship.
5. Application for benefits.
6. Certificate from the educational institution where the orphan is studying.
7. Certificate from the guardian’s place of residence.

Conclusion

To conclude this article, there are a few key points to note:

• the status of an orphan is assigned to citizens under 18 years of age who are deprived of parental care and support;
• orphans studying in boarding schools are given an annual payment for the purchase of educational supplies and financial support for shoes and clothing for each season of the year;
• Guardians of disabled children have the right to count on receiving state benefits and several benefits from their employers.

The most popular questions and answers regarding payments to orphans and children without parental care

Question: My name is Ekaterina. My husband and I live in Moscow and adopted a girl in 2020. I have a question: how much adoption grant am I entitled to in 2020?

Answer: Ekaterina, your case falls under the scope of Moscow city government decree No. 492 “Regulations on establishing payments to adoptive parents . In your case, the benefit amount from 2019 will be 16,500 rubles .

List of laws

• Federal Law No. 159
• Moscow City Government Decree No. 492

Right to work for orphans

Children who are left without parental care have the right to work, the implementation of which takes place in the employment service. Work on career guidance and professional suitability is carried out by employees of the employment service when the child reaches 14–18 years of age.

When looking for work for the first time, orphans are registered as disabled and receive benefits for 6 months. The amount of the benefit is equal to the average salary established in the region of residence.

If an orphan resigns, the employer assumes responsibilities for his further vocational training and employment at his own expense.

Pension for student orphans

A pension for orphans under 23 years of age can only be accrued if the student is studying full-time. According to the law, only the type of study can affect the payments up to age 23 that undergraduate and graduate students will receive in addition to the stipend for full-time students. To receive a pension, students left without parents must bring to the Pension Fund a document from the educational institution about the start of their studies. Upon provision of this certificate, the period for payment of benefits to this category of persons will be extended. The law of the Russian Federation also establishes that correspondence students cannot count on additional payments after turning 18 years old.

The main question that interests students is whether it is possible to receive social benefits during an academic leave? According to the legislation of the Russian Federation, such payments are possible even in the presence of academic leave, since in fact these citizens have the status of a student, so there is no reason to stop accrual.

Benefits and payments to orphans in Moscow in 2020

To receive payments to orphans in Moscow, you must contact the social security office at your place of residence with an application and a certain list of documents. It should be remembered that documents will be accepted only if a complete list is provided, and subsequently it will not be possible to provide missing documents. Therefore, before applying, you should take care of the complete set, including:

• passport;
• birth certificate;
• certificate of guardianship or adoption;
• document from the guardianship authorities confirming the status of the child.

The payment is assigned for 12 months in the amount of the subsistence minimum established on the date of adoption. In this case, the total amount will depend on the number of children in the adopted family. For the first, the payment will be equal to 5 minimum wages, for the second - 7, and for the third and subsequent ones - 10.

Important! Orphans in Moscow have the right to receive benefits when paying for utilities (exemption from payment), as well as additional assistance in the amount of 15,000 rubles up to the age of 12 and 20,000 rubles between the ages of 12 and 18.

Pension payments

The size of the survivor's pension is calculated using a special formula. It depends on the parents’ work experience and the regional surcharge - it is paid if the social or insurance pension does not reach the pensioner’s subsistence level in the region.

To greatly simplify it, the size of the survivor's pension is equal to the subsistence level of a pensioner in the region.

A labor pension for the loss of a breadwinner is assigned if the orphan’s parents had work experience. This is due to the fact that the pension amount is calculated on the basis of such length of service. If the parents did not work, the labor pension cannot be calculated. Instead, orphans can apply for a social pension.

Registration procedure. The survivor's pension is assigned and paid by the Russian Pension Fund - you need to apply for it at the territorial office at the place of registration.

Additionally, the following documents may be needed:

1. A certificate from the educational institution, which must contain information about the form and duration of training.
2. If you are over 18 years old, then it is better to take documents that confirm that your parent supported you. This could be checks transferring money from a bank, an agreement to pay for school fees, and so on.

Payment procedure and terms. You can apply at any time after the death of the breadwinner. It is better to do this within 12 months - only in this case will the money be paid for the entire time since the death of the breadwinner. The pension will be assigned from the month in which you applied for it.