Establishing the fact of being a dependent for the purpose of a pension and other cases

Dependents – who are they? The need to establish the fact

Establishing the very fact of recognizing a person as a dependent has its own legal significance:

• to assign a pension and determine its size;
• emergence/change or, conversely, termination of property rights.

Dependents are persons who require ongoing financial assistance provided by another person. As a rule, they have no other income and are unable to work for various reasons. Relatives or the state pay them certain financial assistance in the form of benefits.

Who can be classified as a dependent:

1. A child - after all, according to the law, he does not yet have the opportunity to work. Children have the right to look for official part-time work from the age of 16-17, and not earlier. This type of dependency is considered natural and does not require any documentary evidence. As a rule, the people caring for him are relatives. Or a designated guardian if the child is an orphan.
2. Mature people who have lost their ability to work. For example, a serious illness or accident or serious injury led to disability. As a result, a person can no longer provide for himself. Typically, the inability to work is temporary (when recovery is possible) or permanent.
3. In old age, a citizen is considered incapable of work by law; he has worked out his time. As a rule, such people are provided by the state.

There is no point in registering temporary disability as a dependent status; such an initiative has no prospects.

Why is dependency established?

In legislation, having dependents or being a dependent gives the right to receive certain compensations and benefits, assign payments and obtain rights. The most common reason for establishing dependency is receiving a survivor's pension. Article 10 of the Federal Law “On Insurance Pensions” secures the right to an insurance pension in the event of the loss of a breadwinner for disabled members of the family of the deceased breadwinner who were dependent on him. In this case, family members of the deceased breadwinner are recognized as dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

Another case of establishing dependency is inheritance. Article 1148 of the Civil Code of the Russian Federation establishes the right of inheritance for citizens who were dependent on him (out of turn) for at least a year before the death of the testator.

Article 1088 of the Civil Code of the Russian Federation provides for the right to compensation for harm in the event of the death of the breadwinner for disabled persons who were dependent on the deceased.

In addition, confirmation of dependency may be required to receive compensation in connection with the death of military personnel or employees of internal affairs bodies. And also to receive housing subsidies and inclusion in housing assistance programs.

All cases where being dependent or having dependents provides additional rights specified in the relevant federal laws and other regulations.

What is the point of establishing that a person is a dependent?

The established order is always determined by the ultimate goal, what exactly the disabled citizen is trying to achieve:

• allocate a share to yourself in the property of the deceased breadwinner or increase the size of the existing one;
• the appointment of a permanent cash benefit associated with the loss (death) of a breadwinner;
• compensation for damage due to the death of the breadwinner;
• mitigation of punishment when a citizen is convicted of a criminal or administrative crime;
• the need to transfer the dependents of the arrested breadwinner to a third party;
• obtaining government privileges (for example, social benefits) for relatives of a military personnel;
• extension of an existing residence permit;
• acquisition of citizenship.

The fact of dependency itself must be established by the court after examining the documents provided by the citizen. Most often, this procedure is necessary when the circle of first heirs is established and the inheritance left by the deceased is distributed. Indeed, according to the law, dependents (who were previously looked after by the deceased) have the right to claim the capital left to them as heirs.

How to register dependency for a disabled person?

In order to document the care of a disabled citizen, you must contact the pension fund authority that provides disability payments.

In the application, the citizen providing care indicates his passport details, place of residence, and the start date of care. A person in need of care due to a disability sends an application in which he expresses his consent to the provision of care by a specific person.

Appeals can be sent in person through the portal of the State website of the Pension Fund of Russia. The pension fund makes a decision within five days from the date of receipt of the package of documents, after which it will formalize the dependent status of the disabled person, refuse the application or request additional documents.

Features of establishing dependency in inheritance law

The procedure for a citizen of his dependent status is determined by the actual degree of relationship. A lawyer dealing with inheritance issues first identifies all potential heirs, and these are the closest relatives of the deceased. Children/legal representatives, also spouses, only current (not former). Moreover, adopted children or parents will have equal rights.

According to Article 1148 of the Civil Code of the Russian Federation, a citizen who was related to the deceased and is not his blood relative can be legally recognized as a dependent.

In addition to inheritance cases, there are several other cases when a procedure for establishing dependent status for a citizen is necessary:

• receiving a pension (possibly after the loss of a dependent breadwinner);
• compensation for harm;
• the dependents of the arrested person can obtain a mitigation of the punishment for their breadwinner, or the state itself will pay them the appropriate allowance;
• the family of a serviceman has the right to count on official pension support if the breadwinner dies.

Situations vary, but the fact of dependency itself is always determined by the court.

Application example

To Lefortovo District Court

Moscow, Andronevskaya square, 5/9

Applicant: Ivanova Svetlana Sergeevna

st. Vasenko 134, apt. 56

Interested person Kirilova Nina Anatolyevna

Kemerovo 325 sq. 87

Statement

on recognition of the fact that a citizen is a dependent

I, Svetlana Sergeevna Ivanova, was married to Viktor Alekseevich Petrov for 2 years. On March 1, 2021, family relations were terminated, as confirmed by a certificate of divorce issued by the registry office.

On August 1, 2021, Viktor Alekseevich Petrov died. He is survived by his widow (legal wife) Nina Anatolyevna Kirilova.

From my first marriage I have a daughter, Ivanova Antonina Pavlovna, who is 7 years old. The child has been disabled in group 1 since birth. By the decision of the Babushkinsky District Court of Moscow dated May 6, 2017, in case No. 122365, alimony from V.A. Petrov was awarded in my favor in the amount of 20 thousand rubles per month.

I don't work because I have to take care of a sick child. And the money paid by my ex-deceased husband was my only means of livelihood.

The money was transferred both in person and by bank transfer. Personal payment of alimony can be confirmed by my mother Natalya Petrovna Fedorova, as well as my apartment neighbors. Bank transfers are certified by a certificate from a financial institution.

I need to establish, with the help of the court, the fact that Viktor Alekseevich Petrov is dependent on him in order to enter into an inheritance.

Based on the information provided, and guided by the provisions of Art. 264 Civil Procedure Code of the Russian Federation

I ask the court:

To establish, based on my application, the fact that Svetlana Sergeevna Ivanova was dependent on Viktor Alekseevich Petrov in the period from 05/06/2017 to 08/01/2018.

Application:

1) State duty receipt.

2) A copy of the divorce certificate.

3) A copy of your daughter’s birth certificate.

4) Certificate confirming that the child has been assigned a disability.

5) A copy of the decision of the Babushkinsky District Court of Moscow dated May 6, 2017 in case No. 122365.

6) Certificate from the bank about payments received from V.A. Petrov.

Applicant: Ivanova S.A.

Establishing the fact of dependency through the court

To officially establish a citizen’s status as a dependent, you need to draw up a special claim, where the author indicates the following:

1. “Hat” – the name of the addressee court to which this application will be sent, personal information (full name of the author, his address), details of another interested person.
2. Descriptive part:

• Full name, also the date of birth (without abbreviations) of a citizen who wants to establish for himself the fact of dependency;
• the period of his disability, and the factors that influenced this event;
• who was previously dependent on the registrant (there is the full name of the deceased, without abbreviations, the date of actual death, the presence/absence of consanguinity);
• justification for being a dependent person;
• the purpose, why the designer needs to recognize the fact that he is a permanent dependent;
• a statement of the fact that there are no other securities and no alternative way to somehow confirm dependency.

1. Petition - it indicates the person who wishes to recognize the status of a dependent, as well as the person whose permanent support the applicant will subsequently have.
2. Applications, here is a list of related documents, namely:

• copy of the application;
• passport of the author of the application;
• documents confirming the provision of the deceased by the citizen (receipts, receipts, powers of attorney);
• receipt (issued after the citizen has paid the state fee).

1. Signature. Written by the author in his own hand, followed by the date of composition.

The court, after studying the case, recognizes the plaintiff as a dependent, after which he will be able to receive benefits and other payments necessary for his existence. The fact of recognition is possible in court or pre-trial procedure. Subsequently, the money will allow the person to continue a full-fledged existence, as previously provided for by the deceased breadwinner.

How to register dependency on parents?

Dependency on parents who do not have disabilities can be granted when they reach retirement age. In this case, three points are important:

• reaching retirement age;
• parents must receive financial assistance regularly;
• the financial support provided should be their main source of income.

Thus, the main documents for registering dependency on parents will be information that the parents need material support and systematically receive it from their children. The Pension Fund is critical of recognizing pensioners as dependents, since they have their own source of income, therefore, it is often necessary to establish the fact of being a dependent in court.

Required evidence

To increase their own chances at trial (or pre-trial proceedings), a citizen-plaintiff needs to organize the evidence base in advance:

• obtain a certificate from the place of residence stating that the person has previously applied there to obtain a certificate of his status as a dependent;
• documents capable of confirming the applicant’s current disability;
• a certificate of existing salary (if the citizen works), the amount of the scholarship (if a student), pension;
• evidence of receipt of regular financial support provided to the deceased (these are witness statements, receipts, stubs remaining from money transfers, paid bills, correspondence);
• evidence of family or marital relations (if required).

Yes, dependents can work/be a student or student full-time. The main fact is to be able to prove that the main financial support was from the deceased during his lifetime. Paid bills, tuition, transferred money. As a rule, such actions leave a noticeable paper or moral trail. Therefore, the testimony of relatives, neighbors and friends will be important at trial.

Cases of this nature are considered administrative and are dealt with by a city or district court. There are no other ways, other than a court decision, to recognize the fact of dependency according to the law.

However, if the evidence provided by the plaintiff is able to convey the full picture and prove the existence of financial support for the deceased, then the fact that the citizen is recognized as a dependent is quite likely.

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What to write in an application for a residence permit

Information about income in the application is given in item 12 . If you present only certificates of the breadwinner’s earnings, then in paragraph 1 of the table write “Income from the husband’s main place of work).” Accordingly, instead of your husband, you can indicate another relative who is supporting you.

Clause 12 of the application for a residence permit

If you have an official job, but your earnings are not enough and you will be confirmed by your certificates and those of your spouse, then in the first paragraph of the application in the table, indicate the amount of your own income. And in paragraph 6 “Other types of income” add “Income from the spouse’s main place of work.”

Paragraph 12 of the application for a residence permit – confirmation of income with a 2-NDFL certificate and dependents

Required documents

​A package of documents should be attached to the statement of claim:

• copy of the passport;
• receipt for payment of the court fee (300 rubles);
• extract from the passport office regarding registration;
• documents proving attempts at pre-trial actions;
• certificate of income for the last 12 months;
• a copy of the will of the deceased;
• certificate of incapacity or disability;
• certificates from the registry office proving the presence of family ties with the deceased breadwinner (if any).

Income certificates can include both documents from the tax service and certificates of receipt of a scholarship, disability pension, etc.

As a certificate confirming incapacity for work, it is necessary to submit a document of a disabled person or a conclusion from a medical commission.

It is important to take into account that in case of temporary incapacity for work, it is impossible to obtain the status of a dependent, since the inability to work is permanent and is not considered a basis for receiving an inheritance.

If the applicant was previously declared legally incompetent and was in the care of the deceased, then the applicant’s representatives also provide a copy of the court decision limiting or depriving the plaintiff of legal capacity.

Interested people

Cases of special proceedings do not require the presence of a defendant. However, interested parties are involved in the process, the list of which is determined by the reason for which the application is made. So:

• if the reason is hereditary legal relations, then the remaining heirs are involved as interested parties, and in their absence, the local government authority or the local branch of the Federal Tax Service;
• if the reason is the appointment of a survivor's pension - the local branch of the Pension Fund of Russia;
• if the reason is compensation for harm caused by the death of the breadwinner, then the person found guilty of causing the death is involved.

Who is considered a dependent

Not any citizen who received some kind of assistance from another person can be considered a dependent. Such an individual must meet a number of requirements:

• the assistance that the dependent received was either the main source of livelihood or the only one;
• support was regular and not one-time;
• the person did not actually have the opportunity to provide for himself.

If one person lived at the expense of another, but at the same time was fully capable, had the opportunity to work and independently provide for his needs, then no court will recognize him as a dependent.

When a person was recognized as a dependent in order to receive an inheritance, he must have received assistance from the deceased for at least one year. And this support should be regular.

A dependent can only be a person who is considered disabled. By law this can be:

• Child until adulthood. Since he does not yet have a real opportunity to provide for himself independently, since he does not have the right to engage in full-time work.
• An adult who is disabled as a result of injury, disability, or illness.
• An elderly person who has completely lost the ability to provide for himself.

If a person has suffered a short-term injury, he cannot be considered a dependent, since he is able to regain the ability to provide for himself independently.