Is it possible to cash out maternity capital in 2021?

What to do if you are accused of illegally cashing out maternity capital?

A reasonable question arises as to how to defend against accusations of this crime:

1. it is necessary to prove the reality of the transaction being concluded
2. prove that maternity capital was sold for its intended purpose ; to confirm this, in addition to documents, you can also provide testimony, in particular from the seller, if we are talking about improving living conditions
3. At the same time, we should not forget about the materials characterizing the accused, because these circumstances significantly influence the final judicial act in terms of punishment

In any case, you should contact our fraud lawyer as quickly as possible to solve your problem. Therefore, call us now and we will begin your task: professionally, on favorable terms and on time.

Microfinance Centers and Capital

Until 2015, Microfinance Centers could provide loans using MK. But due to the large number of illegal transactions, the President signed a Decree, according to which such organizations do not have the right to provide loans under MK.

Thus, in 2021, only banks with more than 3 years of experience are entitled to issue loans under MK.

In conclusion, I would like to remind you that the unlawful use of funds under the MK leads to fines or imprisonment for all participants in the transaction. Therefore, every citizen must distinguish between the legal and illegal method of cashing out MK, which is discussed in more detail in this material.

For what actions can you also be held accountable?

In addition to attempts to obtain cash from maternity capital fraudulently, liability under the law also arises for other persons. Namely those who try:

• It is illegal to qualify for this subsidy.
• Forge documents related to it.
• Bribe officials to obtain subsidies.

In the judicial practice of fraud with maternity capital, there are examples when authorized officials issued a certificate for receiving capital to childless mothers, and then cashed out this money.

Over the more than ten-year period of issuing this subsidy, law enforcement agencies have collected a lot of information about methods of fraud. It is usually detected:

• Thanks to unregistered shares in housing purchased with maternity capital.
• Fake documents.
• Facts of discrepancy between the declared and actual cost of housing or services provided.
• Thanks to information about imaginary transactions.

If there are suspicions, a prosecutor's inspection is ordered regarding the transaction. If fraud is proven, the transaction will be cancelled, the money will be returned to the Pension Fund’s account, and the perpetrators will be punished.

Is it possible to legally buy housing from relatives?

The law does not prohibit investing maternal capital in the purchase of apartments from relatives, if they are not spouses.
Consequently, the transaction is recognized as legitimate and not fraudulent. However, it should be completed according to all the rules. In this case, an important point is the re-registration of ownership. For example, a woman with many children lives with her mother, the owner of the apartment. They decided to receive maternity capital in cash. To do this, a contract for the sale and purchase of an apartment is drawn up. The funds are transferred to the mother's account. Next, you need to do the following:

• discharge the former owner from the property;
• register ownership of the daughter of a saleswoman with children.

If everything is done correctly, then law enforcement agencies will not find signs of fraud in such “cash.” However, the scheme itself is connected with the fact that the grandmother of minors will be left homeless. She will have to look for another place of registration, although in fact she will be able to live with her family.

Attention: apartments and houses in which government money is invested can be resold only with the permission of the guardianship and trusteeship authority. Contacting one may provoke another check of the legality of using the certificate.

Methods of obtaining capital funds

According to the law, funds for maternity capital (hereinafter referred to as MK) can only be received in non-cash form. In this case, capital can be spent on such areas as:

• purchasing real estate with a mortgage;
• children's education;
• increase in future pension payments to the mother.

In addition, it is worth highlighting a number of situations when transferred funds via MK can be used as cash capital. These methods of obtaining include:

• One-time payment according to Law No. 88 of April 20, 2015 - this bill was introduced during a period of economic instability. The essence of the bill is as follows: a family with an MK has the right to receive 20,000 rubles at a time after submitting the necessary documentation to the Pension Fund (PFR). The funds received are allowed to be spent on the needs of the family. However, these payments will not be made in 2021.
• Construction of a household on one’s own – the owner of an apartment complex has the right to use funds for the construction of housing. In this case, the owner of the certificate initially receives only half of the capital amount, and the second part is due six months after the main construction work (construction of the “box” of the home). In addition, the applicant must have all checks and receipts that confirm the use of MK in favor of construction.
• Real estate reconstruction. Reconstruction means an increase in living space, for example, the addition of an additional floor or an extension. Payments under MK are made in two stages: the first 50% after submitting documentation, the second 50% after reconstruction.
• Compensation payments under the construction project - after investing his own funds in construction, the owner of the construction project has the right to demand a return of funds from the construction project in the form of compensation for construction work. In this case, the child must be 3 years old.

Receiving part of the capital

In 2015 and 2021, citizens who own MK could receive a one-time payment of 20,000 rubles. This amount was deducted from the total capital. All families without exception could count on such payments.

One-time payments should be spent on family needs.

After submitting the documentation, the owner of the MK received similar payments within 2 months to the specified bank account.

In 2021, there is no law on lump sum payments.

Schemes for receiving funds using matcap

The main legal schemes for cashing out MK include:

1. Obtaining a loan for such areas as: purchasing finished housing; construction of a home (on your own or with the help of contractors); participation in shared construction; reconstruction. With the help of MK, it is possible to repay part of the existing mortgage or make a down payment.
2. Construction of a house - in this case, you can receive funds when the child reaches 3 years of age (compensation) or earlier - when applying for a targeted loan or credit.
3. Reconstruction – implies an increase in the total area of ​​the home. Half of the funds are transferred immediately after a positive decision from the Pension Fund, the second part - upon completion of the main stage of work.
4. Transfer of MK to the mother's pension account - this scheme is used by 2% of capital owners.

Responsibility

Spending of government funds is controlled very strictly. Maternity capital can be invested only according to the rules described in Law No. 256. Everything is regulated in its text. Based on the articles of the normative act, we can highlight what cannot be done:

• submit documents to the Pension Fund: with knowingly false information;
• counterfeit;
• fake;

Any violation of the law entails liability. Moreover, when analyzing the case, the following facts become clear:

• participants in the illegal act (the certificate holder himself, officials, owners of companies involved in cashing);
• the degree of guilt of each;
• corpus delicti (fraud, production of a forged document, involvement in fraud with real estate and government funds, etc.).

For information: documents submitted along with the order to send maternity capital funds are checked by the Pension Fund. However, the success of this does not protect criminals from additional review of documentation, for example, by prosecutors.

What is the penalty for fraud with state aid?

Chapter 10 of the Criminal Code provides rules for sentencing for a criminal offense. These are appointed based on the totality of guilt, taking into account all the circumstances of the case. Consequently, the specific punishment will depend on how the court qualifies the act:

1. According to Article 159 of the Criminal Code, for large-scale fraud, a citizen faces: a fine of up to five hundred thousand rubles;
2. forced labor for up to five years;
3. imprisonment for up to six years with a fine of up to 80 thousand rubles.

For information: fraudsters who involve citizens in criminal activities face up to 10 years in prison.
A fine of 1 million rubles is also provided for such persons. Download for viewing and printing: Chapter 10 of the Criminal Code of the Russian Federation dated 06/13/1996 N 63-FZ (as amended on 02/19/2018)

Article 159 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)

Article 291 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)

The amount of maternity capital in 2021

Maternity capital is indexed every year by a percentage equal to officially registered inflation. For example, from 2021 the amount of state support will increase by 3.7%. The amount of maternity capital depends on the date of birth of the child and the total number of children in the family.

Some constituent entities of the Russian Federation provide for regional maternity capital, which is paid from local or regional budget funds. Sometimes you can get it even if you do not have the right to federal maternity capital. To find out whether such support is available in your region and how to use it, study regional legislation.

Everything in the family: how to cash out maternity capital almost legally

On January 15, during his address to the Federal Assembly, Russian President Vladimir Putin ordered an increase in maternity capital. Since the appearance of this subsidy several years ago, various schemes for cashing out money that should be spent for the benefit of the child have not ceased to operate in Russia. Now there will be even more temptation. NEWS.ru has found out the main schemes used by scammers.

In his message, Putin promised to extend the maternity capital program at least until the end of 2026. The President also proposed issuing maternity capital at the birth of the first child, and not, as before, from the second. From January 1, 2021, the amount of maternity capital is set at RUB 466,617. At the birth of a second child, maternity capital, in accordance with Vladimir Putin’s proposal, will be issued in an increase of 150 thousand rubles. size - 616,617 rubles. You can't just put this amount in your pocket. It can only be used to pay the down payment on a home loan or loan, or to repay previously taken home loans.

However, immediately after the introduction of the maternity capital program, many people appeared who wanted to cash out, at least partially, the money in order to spend it at their own discretion. There are no direct legal ways to do this. Cashing out maternity capital is always some kind of illegal scheme.

According to a former employee of the anti-fraud department of the Moscow police, Mikhail Drobinin, the most common way to cash out maternity capital is through real estate.

The most popular option is to buy housing in the region. It could be some kind of village house, dilapidated. You pay the entire capital amount for it, and the seller gives you half the money back.

Mikhail Drobinin

ex-employee of the MUR

According to the former policeman, because of such a scheme, an amendment was recently introduced according to which municipalities must check the objects on which the capital is supposedly spent - whether the housing is suitable for living or not.

I'm afraid this may create problems for normal people. Because sellers don’t want to wait extra time while inspectors look at something. They want this 450 thousand maternity capital for themselves quickly ,” reflects Drobinin.

It is worth noting that on January 25, Vladimir Putin instructed the Cabinet of Ministers to shorten the time frame for considering applications for the disposal of maternity capital funds. The reduction in terms should be carried out, among other things, “through the organization of electronic interaction between the territorial bodies of the Pension Fund of the Russian Federation and credit organizations providing preferential mortgage housing loans to families with children.” On the one hand, this should help bona fide owners of maternity capital, on the other – scammers.

Sergey Bulkin/NEWS.ru

Another way to cash out using real estate is to buy it from relatives. This is not prohibited by law, but law enforcement agencies ensure that everything here is in accordance with the law. Do not forget that a mandatory condition when using a subsidy to purchase housing is to allocate the child a share in the apartment. Moreover, this share can be any, for example, 1/20.

Mikhail Drobinin admits that there are not enough employees in anti-fraud departments, so they are not particularly involved in schemes for cashing out maternity capital.

When I worked at the Moscow Criminal Investigation Department, we discovered that financial capital fraud was going on somewhere, when, for example, we found an abandoned apartment or house or a suspicious resale. You need to understand that companies that do this carry out similar operations many times. They leave traces, and then the whole chain can be revealed. The result will be fraud on an especially large scale. And you can simply type “cash out matkapital” into a search engine and see how many different companies offer their services ,” said the ex-policeman.

Indeed, you just have to enter “cash out matkapital help” into a search engine, and you will immediately receive a large number of offers. So, one of them is from the Profit organization, which, according to the description on the website, is a consumer credit cooperative. The portal, decorated with photographs of happy mothers with children, says that the cooperative issues loans against maternity capital. Statistics are given: “more than 1,700 loans issued, 100% of legally cashed capital, more than 750 happy families.”

A call from a NEWS.ru correspondent at Profit was answered by a man who did not want to introduce himself and spoke with a slight Caucasian accent.

Cashing out maternity capital is illegal. There is no such legal procedure, but you can apply for a loan against capital. A loan agreement is drawn up, the legal part is drawn up, and in fact, we give you the money and take away the capital. For 200 thousand ,” explained the company consultant.

The man added that the procedure can be completed with any notary, and it is 100% legal. You can receive money immediately - everything takes 2.5–3 hours. The consultant added that when maternity capital increases, in accordance with Putin’s proposal, then the share that the cooperative will keep for itself will increase proportionally, but for now the old prices are in effect.

Former police officer Mikhail Drobinin says that there is also a fraud scheme that may involve a construction company, which may not be genuine.

It’s as if you invest in construction, but in the end nothing is built. This type is not typical for all of Russia, but rather for the North Caucasus. There is almost no such thing in Moscow ,” Drobinin emphasized.

You can also build a house yourself or make an extension to a relative’s house, in which case the state will compensate for the costs with money on the card. If you have a plot where construction is permitted, you can submit an application to the Pension Fund and receive half of the capital for the house. The second half will be given in money, provided that at least a “box” of a foundation with a roof and walls is built.

Sergey Bulkin/NEWS.ru

There is also a fictitious education scheme similar to real estate. You can spend maternity capital funds on your child’s education and, if you use the services of scammers, receive part of the subsidy in exchange for a certificate stating that the child allegedly graduated from some educational institution.

Mikhail Drobinin noted that as soon as one method of cashing out maternity capital is revealed, another one soon appears.

Still, cashing out is not that difficult. It is worth recognizing that, no matter how rude and ugly Vodonaeva’s words may be, she is right. With maternity capital it’s like with 10 loans. Some people really want to get money from the state quickly, and it doesn’t matter what happens next ,” the former policeman added.

Let us recall that state support measures for large families appeared in Russia in 2007. The program was initially designed for 10 years. The state did not index the size of this support measure from 2015 to 2021, but from January 1 of this year, the volume of maternity capital increased by 3%, to 466,617 rubles. Families in need can count on monthly assistance equal to the minimum subsistence level for children. For example, in Moscow it is 15,225 rubles. However, payments stop if the maternity capital is fully used, when the child changes place of residence or reaches three years of age. Family capital also includes leave to care for children until they are one and a half years old. All this time is counted towards the parent’s length of service: for the first-born, 1.8 pension coefficients for each year, for the second - 3.6, for the third and fourth - 5.4.

The NEWS.ru editors remind you that any attempt to use money for other purposes is illegal. We do not support any of the above methods. The material is for informational purposes only.

The material was made jointly with the editorial author Alexander Kolesnikov.

What documents should I submit?

To receive a one-time payment, you must write an application to the Pension Fund of Russia or a multifunctional center for the provision of state and municipal services. The application indicates the SNILS number, series and number of the certificate for maternal capital. In addition, you must have a passport and a bank certificate about the account details, to which 20 thousand rubles or the amount of the balance in the account of the certificate holder will be transferred in a single payment within two months, if it is less than 20 thousand rubles.

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Deadline for receiving maternity funds

According to the law, MK funds can be received in non-cash form after the second (or subsequent) child turns 3 years old. But in this case there are exceptions (according to Federal Law No. 256), for example, repayment of a mortgage, a targeted loan or construction work.

As for the timing of the transfer of MK - the general period is 1.5 months (according to Law No. 253), of which:

• 1 month – verification of documentation at the Pension Fund.
• 10 working days – transfer of capital to the specified account.

It is worth taking into account the periods when bank employees check documents and draw up a loan agreement, as well as when they independently collect primary documentation.

As a result, the total period for cashing out MK is from 2 to 2.5 months - in each case there are individual terms. For example, if the documents of the purchased property are not ready, then the transaction may take up to six months.

In addition, when cashing out the MK during independent construction, the second part of the capital is allowed to be received 6 months after using the first part of the MK. But sometimes the construction period can be delayed, then cashing out of the MK is carried out no earlier than a year later.