What is a lump sum benefit for the birth of a child?
Payment of a one-time benefit at the birth of a child is provided for in Article 11 of the Federal Law of May 19, 1995 No. 81-FZ “On state benefits for citizens with children.”
This payment can be assigned to one of the parents upon his written application. The main condition is to submit an application within six months after the baby’s date of birth
.
If parents do not have time to submit an application for a child birth benefit within the specified period, then it will no longer be possible to receive the benefit.
Since child birth benefits are federal government support measures, they are paid to all Russians, regardless of decisions of local authorities. Employed parents arrange payments through the employer, and the money is transferred directly from the Social Insurance Fund. If an application for benefits is submitted by an unemployed parent, then he needs to contact the local social welfare department, which deals with payments to unemployed citizens.
Basic rules for issuing a power of attorney to receive documents
Such a power of attorney does not have a specially developed single unified form - the principal has the right to write it in free form. Large enterprises, as a rule, write this document on letterhead, but this is not necessary; a regular A4 sheet is also suitable for such a document. You can write a power of attorney either by hand or print it on a computer, the main thing is that the document bears the signature of an official and the seal of the organization, if such a power of attorney is issued by a legal entity.
The contents of the document must accurately reflect the actions that the principal entrusts (excuse the tautology) to his representative to carry out, as well as information relating to the principal and the personal data of his representative.
You must be very careful when filling out a power of attorney, since if certain rules are not followed, it may be invalidated.
Payment amount
The amount of the benefit for the birth of a child is indexed annually (in February of each year). From February 1, 2021 it is equal to 18,886.32 rubles
For comparison: the amount of the benefit in the period from 02/01/2020 to 01/31/2021 was 18,004.12 rubles. That is, for the entire coming year it will be 882.20 rubles more than the year before.
The benefit is paid for each child born in a single amount, regardless of the number of children born before. That is, if the first child was born in one family in February 2021, and the second child was born in another, then each of the parents of the newborn will receive 18,886.32 rubles. But if a mother immediately gives birth to twins or triplets, she will receive a one-time payment of 37,772.64 or 56,658.96 rubles, respectively.
Another nuance that you need to pay attention to is that the amount of benefits for the birth of a child does not depend on the date of filing the application for payment or the date of issue of the birth certificate, but on the actual date of birth of the baby.
That is, if a child was born, for example, on January 31, 2021, the birth certificate was issued on February 13, and the application was submitted on February 15, 2021, then 18,004.12 rubles will be transferred to the parent, but if the date of birth is February 1, then the amount of the benefit will be equal to 18,886.32 rubles.
If a regional coefficient is established in the city of residence (regions of the Far North and equivalent areas), then the amount of the benefit for the birth of a child increases by its amount, provided that it was not taken into account as part of the salary. This condition is stated in Article 5 of the Federal Law of May 19, 1995 No. 81-FZ.
The benefit is transferred to the applicant’s bank account within 10 calendar days
after the date of transfer of data from the employer or the date of submission of the application, if it was transferred to the territorial social protection authority.
Change of name as a basis for replacement
In this case, contact the civil registry office at your place of residence with an application to change the name, which is drawn up in accordance with form No. 15. This can be done either by the owner of the birth certificate or by his parents. A change of name by a citizen under 18 years of age can only be carried out with the consent of his parents.
Attached to the application are the documents on which the personal data will be changed:
- birth certificate (valid);
- marriage certificate of one of the parents (if he wishes to take the surname of his stepmother or stepfather);
- marriage (divorce) certificate of the parents (if he wishes to take the surname of the other parent).
If the applicant changes his name (surname) due to personal wishes, this is indicated in the corresponding column of the application.
The application review period is 1 month from the date of submission. Then a new birth certificate is issued, and the old one is declared invalid and must be withdrawn. The state fee for changing the name and issuing a repeat certificate is charged in the amount of 1,200 rubles.
Documents for receiving child birth benefits
To apply for a benefit at the birth of a child, you must write an application for payment and provide a certain package of documents.
When contacting the social security department, the parent is asked to fill out a document template
, which is approved by each administration separately. The application addressed to the employer is drawn up in any form.
A sample application was submitted from ATP “ConsultantPlus”
The following documents are attached to the application:
- a photocopy of the registry office certificate about the birth of the child;
- a certificate from the spouse’s place of work stating that he did not apply for this benefit for himself (for an unemployed person - a certificate from social security);
- divorce certificate (if available);
- a document confirming cohabitation with the child (certificate of the child’s place of registration), if the parent is divorced.
It is worth noting that if the parents divorced
, then you do not need to bring a certificate from your ex-spouse’s place of work stating that he did not apply for benefits for the birth of a child.
When to change a document
The Law “On Civil Status Acts” contains a number of grounds when a birth certificate is subject to mandatory replacement:
- the document is rendered unusable due to damage, dilapidation, lamination, or inability to read;
- change of name (last name, patronymic), including after adoption;
- erroneous (inaccurate) information was found;
- other circumstances that caused the need to make changes.
Regardless of the basis for the replacement, the applicant's procedure will be the same. However, there are some features that must be taken into account.
Nuances regarding benefit payments
When registering each type of state support for the population, certain points can be identified that can cause controversial situations. Regarding benefits for the birth of a child, there are only 3 of them. Let's look at them.
Benefit for part-time worker
Currently, a person can be employed by several employers, but what should a part-time worker do in this situation, for which job should he apply and a package of documents?
If a parent works several jobs, then he has the right to contact any employer of his choice
. However, the package of documents must include certificates from other places of work stating that the employee did not apply for the same benefit from other employers.
You cannot receive benefits for the birth of a child from several employers. Such an explanation was given back on 06/07/2007 in the information letter of the FSS of the Russian Federation No. 02-12/07-4837.
Payment to a single mother
Regardless of whether the parent is a single parent or not, the amount of the child's birth benefit does not change.
. That is, a single mother who gave birth to a child between 02/01/2021 and 01/31/2022 will receive a standard payment amount of 18,886.32 rubles.
It is worth noting that a single mother is a woman who has a dash in the “Father” column on her child’s birth certificate or whose husband has died. If the child's mother is divorced, she is not recognized as the sole parent.
How to get a second birth certificate (duplicate)?
Lawyer Antonov A.P.
A repeated birth certificate can be obtained if you have lost, damaged or laminated the birth certificate, and also if the form has become worn out, the text and (or) the seal of the registry office on it have become unreadable (clause 1 of article 9 of the Law of November 15, 1997 N 143 -FZ). To obtain a repeat birth certificate (hereinafter also referred to as a duplicate certificate), we recommend following the following algorithm.
Step 1. Determine whether you are one of the persons entitled to receive a duplicate certificate. In particular, the following persons can apply for a duplicate birth certificate (clause 2 of Article 9 of Law No. 143-FZ): 1) a person in in respect of whom the birth record was compiled; 2) relative (other interested person) - in the event of the death of the person in respect of whom the birth record was made; 3) parents (persons replacing them) - in case of receiving a duplicate birth certificate of a child who has not reached 18 years of age on the day of issue of the duplicate certificate (if the child has reached the age of majority, his parents (one of them) is issued another document confirming the fact of state registration of birth child); 4) guardians of persons declared incompetent; 5) other persons - upon provision of a notarized power of attorney from a person entitled to receive a duplicate of the certificate. A repeated birth certificate is not issued to the parents (one of them) of a child in respect of whom they have been deprived of parental rights or have limited parental rights. At their request, they are given another document confirming the fact of state registration of the child’s birth (clause 3 of article 9 of Law N 143-FZ; clause 46 of the Administrative Regulations, approved by Order of the Ministry of Justice of Russia dated December 28, 2018 N 307).
Step 2. Prepare the application and necessary documents Depending on the specific situation, along with the application for the issuance of a repeated certificate, you may need to submit, in particular, the following documents (clause 7 of article 9 of Law N 143-FZ; part 6 of article 7 of the Law dated 07/27/2010 N 210-FZ; clauses 35, 39 of Administrative Regulation N 307; List approved by Order of the Ministry of Justice of Russia dated 08/19/2016 N 194; clause 1 of the Regulations approved by Decree of the Government of the Russian Federation dated 07/08/1997 N 828 ; clause 64 of Appendix No. 2 to Order of the Ministry of Justice of Russia dated October 1, 2018 No. 201): 1) an identification document of the applicant (for example, a passport of a citizen of the Russian Federation); 2) documents confirming family relations with the deceased (for example, a court decision that has entered into legal force establishing the fact of family relations with the deceased); 3) documents confirming the person’s interest in obtaining a second certificate (for example, a will, a notary’s certificate about opening an inheritance case, an annuity agreement and lifelong maintenance with dependents); 4) documents confirming the right to obtain a second certificate in relation to minor children left without parental care (for example, an agreement on a foster family, a document confirming the authority of the applicant); 5) documents confirming the right to receive a second certificate in relation to a person declared incompetent by a court (in particular, a copy of a court decision declaring a citizen incompetent that has entered into legal force, a document confirming the authority of the applicant); 6) a notarized power of attorney from a person entitled to receive a repeated certificate; 7) documents issued by the competent authorities of foreign states to certify a birth record performed outside the territory of the Russian Federation, if they are legalized (unless otherwise established by an international treaty of the Russian Federation).
Step 3. Contact the civil registry office with your documents and receive a duplicate certificate. To obtain a duplicate certificate, you need to contact the civil registry office at your place of residence or stay. If you apply to the civil registry office at the place where the civil status record is stored on paper in person, a duplicate certificate is issued on the day of application (clause 1, 4, article 9 of Law N 143-FZ). You can submit an application to the civil registry office in person, by mail, and in some constituent entities of the Russian Federation - through the MFC or in the form of an electronic document via the Internet (including the Unified Portal of State Services) (clauses 4, 5 of Article 9 of Law No. 143-FZ). It should be noted that when sending an application by mail, via the MFC or the Internet, receiving a duplicate certificate will take longer compared to a personal application to the registry office. To issue a duplicate, you will need to pay a state fee (Article 10 of Law No. 143-FZ; Clause 6, Clause 1, Article 333.26 of the Tax Code of the Russian Federation; Clause 51 of Administrative Regulation No. 307).
Reference. Amount of state duty For the issuance of a repeated certificate, a state duty of 350 rubles is paid. In particular, Heroes of the Russian Federation have the right to be exempt from paying state duty (Article 10 of Law No. 143-FZ; Subclause 11, Clause 1, Article 333.25, Subclause 6, Clause 1, Article 333.26 of the Tax Code of the Russian Federation).
When receiving a repeated certificate, you must present an identification document and the above documents confirming your right to receive a repeated certificate (Clause 7, Article 9 of Law No. 143-FZ). On the form of the repeated certificate, a note will be made that the certificate is repeated (clause 21 of Appendix No. 2 to Order of the Ministry of Justice of Russia dated August 13, 2018 N 167). If you are notified of the absence of a birth record (for example, due to the loss of the archives of the registry office due to a fire), you have the right to apply to the court to establish the fact of state registration of the birth. The court decision, which will establish this fact, is the basis for restoring the record and issuing a birth certificate (clause 3, part 2, article 264 of the Code of Civil Procedure of the Russian Federation; clauses 2 - 4, article 74 of Law No. 143-FZ; clauses 2 clause 10, clause 3 clause 80 of the Administrative Regulations N 307; clause 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 16, 2017 N 16).
Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.
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Writing a power of attorney to receive documents from a legal entity
Registration of a power of attorney is not complicated; it is quite standard from the point of view of office work.
- The word “power of attorney” is written at the beginning of the document. The line just below indicates the locality in which the document is drawn up, as well as the date it was completed (day, month (in words), year).
- Then you need to enter the details of the legal entity into the power of attorney: the full name of the enterprise (indicating its organizational and legal form) and OGRN (this information can be found in the registration documents of the enterprise).
- Next, you should write the position of the employee on whose behalf this document is being drawn up (usually the director or general director of the organization), his last name, first name, patronymic (the first and patronymic can be indicated as initials), as well as the document on the basis of which the principal acts (as As a rule, in this line they write “Based on the Charter” , less often “based on the Regulations”).
- After this, personal information regarding the representative is entered. This indicates his last name, first name, patronymic, passport details (series, number, when and by whom it was issued), place of permanent registration (according to the passport).
- And finally, it indicates what the power of attorney is actually written for: a list of documents that the principal’s representative should receive, as well as the name of the institution that should issue them. It is important to accurately indicate the name of the documents so that the specialist issuing them does not have any doubts or questions.
In the penultimate line you should enter the date until which the power of attorney is valid.
Here you can specify any dates; according to the law, at the moment the duration of such a power of attorney may not be limited.
After entering the above information, the authorized person puts his signature on the document, which is certified by the head of the principal company. The latter also signs the power of attorney and puts the seal of the organization (it must be said that since 2016, legal entities are not required to use seals and stamps in their activities, however, many state and non-state institutions most often still require a stamp on documents).
