The procedure for establishing the fact of dependency: assistance from a lawyer in court

The concepts of “dependents” and “dependency”

Dependents are persons who are on long-term or permanent material or monetary support from other persons.

Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B. “Modern economic dictionary. — 6th ed., revised. and additional - M." (INFRA-M, 2011)

Dependency is a disabled person being fully supported by one of the family members or receiving assistance from one of the family members, which was a permanent and main source of livelihood for the disabled person.

Dependents in the family: additional payments to the breadwinner's pension

Such assistance represents an increased insurance part, which is included in labor pension payments when they are calculated monthly.

The amount of additional payments directly depends on the number of non-working members in the family, the age of the pensioner himself, the presence or absence of disability - all these factors are necessarily taken into account when calculating.

children under the age of eighteen who are entirely dependent on parental support; sisters or brothers who have not yet turned eighteen; grandchildren classified as minors; any minors continuing their studies in general education institutions or universities (assistance will be accrued until completion of their studies); persons caring for the elderly and for this reason unable to engage in work activities; disabled people, including childhood disabled people; citizens of retirement age (women over 55 and men over 60 are taken into account); people who are entitled to payments in connection with the execution of an agreement on lifelong care and maintenance (dependency).

At the first stage of calculations, it is necessary to establish the amount of the insurance part.

Explanations of the Constitutional Court of the Russian Federation on dependency in the form of full or main content

The concept of “dependency” implies both the full maintenance of a person by the deceased breadwinner, and the receipt from him of maintenance, which was for this person the main, but not the only source of livelihood, i.e. does not exclude the possibility that the person (family member) of the deceased breadwinner may have any own income.

Thus, disabled family members of a deceased breadwinner who may be assigned a survivor's pension include, among others, his spouse who has reached the age of 60 and 55 years (for men and women, respectively) or who is disabled (paragraph 2 Article 9 of the Law “On Labor Pensions in the Russian Federation”), i.e. recipient of an old-age or disability pension.

..At the same time, the fact of being dependent or receiving significant assistance from the deceased can be established both extrajudicially and in court by determining the ratio between the amount of assistance provided to the deceased and his own income, and such assistance can be recognized as permanent and basic the source of his livelihood (Determination of the Constitutional Court of the Russian Federation dated September 30, 2010 N 1260-О-О).

Thus, the mere fact that a person has, for example, an old-age pension does not exclude the possibility of recognizing this person as a dependent of the deceased.

The concept of the main source of livelihood implies that the support of the breadwinner should constitute the bulk of the funds on which family members lived. It must be of such size that without it the family members who received it would not be able to provide themselves with the necessary means of life.

Amount of supplement for dependents in 2018

The allowance for dependents is set at 1/3 of the amount of the fixed payment to the insurance pension for each dependent, but not more than for three dependents.

The amount of the fixed payment to the old-age insurance pension and to the disability insurance pension (except for the disability pension for disabled people of group III) from 01/01/2018 is 4,982.9 rubles. Thus, in general, the monthly increase in pension for one dependent in 2020 is 1,660.97 rubles .

“Northern” pensions are entitled to an increased supplement.

What documents can confirm the fact of being a dependent?

Documents confirming the fact of being dependent, that is, being fully supported by the deceased breadwinner or receiving assistance from him, which was a constant and main source of livelihood, are:

certificates issued by housing authorities or local governments,
certificates of income of all family members and other documents containing the required information,
if necessary, a court decision establishing this legal fact.

Pensioners will be paid extra for student children

IMPORTANT! If a student is expelled or transferred to part-time or evening study, the payment of the bonus stops.

Important

The Pension Fund must be notified about this.

A pensioner from Nizhny Tagil decided to check the correctness of pension calculation. It turned out that the Pension Fund “forgot” to carry out the required indexation.

Info

The mistake cost the pensioner 8,500 rubles. How he managed to get the money he was entitled to, read in our article.

A pensioner from Lipetsk decided to check the accuracy of her pension calculation. The pension fund responded to her statements with unsubscribes. Only after the intervention of qualified lawyers did the Pension Fund admit its errors in the calculations. The woman was paid all the money she was due.

Explanations of the Supreme Court of the Russian Federation on establishing the fact of dependency

Courts must keep in mind that establishing the fact that a person is dependent on the deceased is important for obtaining an inheritance, assigning a pension or compensation for damage if the assistance provided was a permanent and main source of livelihood for the applicant. In cases where the applicant had earnings, received a pension, scholarship, etc., it is necessary to find out whether assistance from the person providing the maintenance was a permanent and main source of livelihood for the applicant (clause 4 of the Resolution of the Plenum of the Supreme Court of the USSR dated 06.21.1985 N 9 “On judicial practice in cases of establishing facts of legal significance”).

The presence of an independent source of income for members of the family of the deceased does not, by force of law, prevent persons from being classified as dependents of the deceased (breadwinner), if assistance in the form of earnings (income) of the latter was a constant and main source of livelihood for the persons who were dependent on him (Definition of the Supreme Court RF dated November 12, 2010 N 4-B10-35).

Who can be a dependent today?

According to the standards adopted in 2020, disability goes through the following stages throughout a person’s life:
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Children receive the status in question due to their incapacitated age. This type of dependency does not need to be confirmed by additional documents - a birth certificate will suffice.
An adult can receive status as a result of loss of ability to work, which subsequently serves as the basis and reason for the inability to earn a living. Thus, depending on the severity of the illness or injury, the disability may be either permanent or temporary. A short-term loss of ability to work (illness or injury) cannot lead to incapacity, because sooner or later a person’s health will be restored. Therefore, establishing dependency for this type of disability is impossible. In addition, the establishment of dependency in the so-called parasitic lifestyle of an able-bodied and physically healthy person is insignificant and does not require confirmation (for example, a court decision). Permanent disability is characterized by the inability to restore health to the level necessary to perform certain paid work. In case of permanent loss of ability to work, a citizen receives disability, which is divided into three main groups. Note that from a legal point of view, the first and second disability groups are suitable as a basis for considering a person as a dependent with a disability, which the person will have to confirm by passing the appropriate medical commission.
In old age, a citizen becomes a dependent, not only if he loses his ability to work due to injury or illness, but also due to the natural aging of the body. The practical establishment of a dependent person, according to Article 264 of the Code of Civil Procedure of the Russian Federation, allows a person to terminate, change, and also acquire property or personal rights.

The main purpose of establishing the fact that a person is a dependent

The norms and the very procedure for establishing the fact that an individual is a dependent is actually determined by the final goal pursued by the disabled person. Most often, such goals are:

compensation for material damage due to the loss of a breadwinner;
appointment of regular financial benefits in case of loss of a breadwinner;
allocation of a share of ownership in inherited property, as well as an increase in its size;
obtaining citizenship and renewing a residence permit;
receiving various benefits of a social nature, which are provided for by existing legislation for family members of military personnel;
taking measures for the so-called transfer of dependents;
mitigation of the degree of punishment when a person commits criminal acts.

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Recognition as a dependent for the purposes of receiving a survivor's pension

If the right of disabled dependents to compensation for damage in the event of the loss of a breadwinner is not made dependent on whether they are in any degree related or related to the deceased breadwinner (see below), then the law “On Insurance Pensions” defines the circle of persons who are recognized as disabled members of the family of the deceased breadwinner and the list of these persons is exhaustive.

Thus, according to Article 10 of the Law of December 28, 2013 N 400-FZ “On Insurance Pensions”, disabled members of the family of the deceased breadwinner who were dependent on him have the right to an insurance pension in the event of the loss of a breadwinner...

For example, in the ruling of the Supreme Court of the Russian Federation dated July 25, 2016 N 18-KG16-53, the following was stated:

On January 1, 2020, Federal Law No. 400-FZ of December 28, 2013 “On Insurance Pensions” came into force.
According to Part 1 of Article 10 of the Federal Law “On Insurance Pensions”, the right to an insurance pension in the event of the loss of a breadwinner is granted to disabled family members of the deceased breadwinner who were his dependents (with the exception of persons who have committed a criminal act that resulted in the death of the breadwinner and was established in pre-trial okay).
Part 2 of Article 10 of the Federal Law “On Insurance Pensions” defines the circle of persons who are recognized as disabled members of the family of the deceased breadwinner, including the parents and spouse of the deceased breadwinner, if they have reached the age of 60 and 55 years (men and women, respectively) or are disabled (clause 3 of part 2 of article 10 of the Federal Law “On Insurance Pensions”).
Family members of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood (Part 3 of Article 10 of the Federal Law “On Insurance Pensions”).
Thus, the legislator has established a circle of persons who are subject to compulsory pension insurance in connection with the loss of a breadwinner, the list of which is exhaustive, not subject to broad interpretation and includes persons whose personal and property relations are inextricably linked with their status in marriage or kinship.

Legal status of a dependent

The legislation of the Russian Federation does not provide a direct concept of who is considered a dependent.

But after analyzing the laws and judicial practice, we can conclude that a dependent is a disabled family member who temporarily has no independent earnings or income, the maintenance of which is carried out by the breadwinner (close relatives or other persons interested in this).

Minor children who are fully financially supported by the breadwinner (parents) and are completely dependent on him.
Brothers and sisters who are under 18 years of age.
Minor grandchildren.
All full-time students listed above (will be considered dependents until they complete their studies).
Persons who care for children, the elderly, the sick and therefore cannot work and receive appropriate payments.
Disabled people.
Pensioners (men if they are over 60 and women if they are over 55).
Persons whose maintenance is carried out by virtue of annuity and lifelong maintenance agreements with dependents.

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If you lose your breadwinner, a dependent is assigned a social benefit (pension). The total amount and size of such a pension is calculated according to a special formula enshrined in pension legislation.

The lawyers of our portal will help you deal with all issues related to dependency.

Recognition as a dependent for the purposes of compensation for harm in case of loss of a breadwinner

Who has the right to compensation for damages in the event of the loss of a breadwinner?

The circle of persons entitled to compensation for harm in the event of the loss of a breadwinner (victim) is established in paragraph 1 of Article 1088 of the Civil Code of the Russian Federation.

Please note that in the event of the death of the victim (breadwinner), first of all, disabled persons who were dependent on the deceased or who had the right to receive maintenance from him on the day of his death have the right to compensation for harm.

That is, the right to compensation for harm in the event of the loss of a breadwinner arises not only from the spouse of the breadwinner or his relatives, but also from any other persons dependent on the deceased. The Supreme Court of the Russian Federation also drew attention to this in Resolution 33 of the Plenum of the Supreme Court of the Russian Federation dated January 26, 2010 No. 1:

“..the right of disabled dependents to compensation for damages in the event of the loss of a breadwinner does not depend on whether they are in any degree related or related to the deceased breadwinner. The fundamental legal facts in this case are the fact of dependent status and the fact of incapacity for work.”

Who are considered disabled dependents for the purposes of survivor compensation?

Dependency of children under 18 years of age is assumed and does not require proof. The right to compensation for damage caused in connection with the death of the breadwinner is also enjoyed by adult children of the deceased who were dependent on him until they reached the age of 23, if they are studying full-time in educational institutions;

Dependency of persons of retirement age . Achieving the generally established retirement age in itself is an unconditional basis for recognizing such a person as disabled, regardless of the actual state of his ability to work (women over 55 years of age and men over 60 years of age are recognized as disabled with respect to the right to receive compensation for harm in the event of the death of a breadwinner).

people are also recognized as incapable of work with respect to the right to receive compensation for harm in the event of the death of the breadwinner, regardless of what disability group they are assigned to - I, II or III.

At the same time, the right of disabled dependents to compensation for damage in the event of the loss of a breadwinner does not depend on whether they are in any degree related or related to the deceased breadwinner. The fundamental legal facts in this case are the fact of being dependent and the fact of incapacity for work (clause 33 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 26, 2010 N 1 “On the application by courts of civil legislation regulating relations under obligations resulting from harm to the life or health of a citizen”)

Recommended publications:

Compensation for damage caused by the death of the breadwinner. Who is a dependent and how to calculate the amount of damage?
Compensation for harm to an employee’s health in the event of an industrial accident, recovery of insurance payment from the Social Insurance Fund
Statements to establish facts of legal significance
Samples of claims for compensation for damages in connection with the death of a breadwinner
Claims for compensation for damage to health caused as a result of an accident at work (occupational disease)

How dependents inherit according to the law of Art. 1148 Civil Code of the Russian Federation

The legal status of dependents as heirs is enshrined in Art. 1148 of the Civil Code of the Russian Federation. Without delving into the intricacies of the current legislation, we will analyze the main conditions and features of inheritance of the breadwinner's property by dependents.

Earlier in the article it was mentioned that dependent heirs can be relatives of the deceased - a retired spouse, young children. And not be related - the common-law husband is disabled, the friend’s mother is retired.

The first category of disabled persons, upon the death of the testator, assumes the rights of heirs according to family ties in the corresponding order.

If, when opening an inheritance, there are dependents among relatives, by law they have rights according to the draft queue. This may significantly change the share in the property.

What does this look like in practice? After the death of a citizen, his son and grandmother, who has been dependent on the grandson for at least 1 year, claim his apartment. The grandmother (the heir of the second stage) enters into inheritance rights together with the children of the deceased. The size and share of the inheritance will in this case be ½ part.

The second group of dependent heirs who are not related to the deceased, but who lived together with him during the last year of his life, also inherits property in equal shares with the heirs of the corresponding line.

If there are no heirs by law, a separate eighth line is formed from dependents of the second category (who are not relatives), which registers the property with a notary in their name.

This provision of the Law in relation to dependents is one-sided! That is, upon the death of a supported person, the breadwinner does not receive the right to inherit his property.

Consideration of disputes related to the implementation of the right of inheritance by representation and with the participation of dependents is very confusing and ambiguous.

Depending on the capacity in which the acquirer enters the inheritance process - by nomination or as a dependent - his share may change significantly. Legislatively, this problem is resolved in favor of the right of representation. But it would be more logical to give the heir the right to choose in this case.

How to claim dependency

What do you need for this? Good day! A pensioner is already a dependent, for example, of his spouse. And since the question is not very clear why you need this, please formulate it in more detail and explain the situation. Hello. Register a pensioner as a dependent. It is not clear how? If a pensioner depends on someone, that is, is dependent on a spouse or children, then he is already a dependent.

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How to claim dependency

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you Similar topics How and is it possible to register a pensioner as a dependent? What do you need for this? Good day! A pensioner is already a dependent, for example, of his spouse. And since the question is not very clear why you need this, please formulate it in more detail and explain the situation.

Hello. Register a pensioner as a dependent.

It is not clear how? If a pensioner depends on someone, that is, is dependent on a spouse or children, then he is already a dependent. All the best. Subscribe to notifications Mobile application We are on social media.

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