How to receive payments to adoptive parents, guardians, foster parents

Methods for placing a child in foster care (including foster care)

For normal development and social adaptation, minor children left without parents need a family, or at least those who will individually deal with the issues of their upbringing, education and protection.
The current legislation provides for several forms of transfer of such children for upbringing (Article 123 of the RF IC):

• Adoption by recognition of this fact by the court. Unlike other forms used when transferring children to a family, a child acquires all the rights and obligations of someone born in this family (Clause 1, Article 137 of the RF IC).
• Establishment of guardianship or trusteeship. These forms do not differ in essence, but apply to children of different ages: up to 14 years old - guardianship, 14-18 years old - guardianship. The guardian/trustee performs only part of the usual parental functions (Article 15 of the Law “On Guardianship and Trusteeship” dated April 24, 2008 No. 48-FZ), but his ward does not have the same obligations that a natural or adopted child has to his parents (Article 17 of Law No. 48-FZ). Guardianship/trusteeship, as a rule, is free of charge, but situations are also possible when they are carried out for a fee (Article 16 of Law No. 48-FZ).

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• Transfer to a foster family. This is a paid option for guardianship/trusteeship on the basis of an agreement concluded by the guardianship and trusteeship authority with the adoptive parent or adoptive parents (Clause 1 of Article 152 of the RF IC).

The use of any of the listed options does not exempt persons who have adopted a child from third-party control over compliance with the rights of the minor. Such control is carried out by the guardianship and trusteeship authorities.

Rights of adoptive parents, guardians and foster parents to special benefits

Despite the fact that adoption and guardianship/trusteeship do not imply financial remuneration for the adoptive parent or guardian/trustee, current legislation provides for a one-time payment upon the transfer of the child into foster care (Article 12.1 of the Law “On State Benefits...” dated May 19, 1995 No. 81-FZ ). The adoptive parent also has the right to receive it, although his education services will be paid. The amount of the fee is fixed in the foster family agreement.

Thus, regardless of the form used for placing a child in a family, both the adoptive family and the adoptive parent or guardian/trustee will receive the lump sum payment due for this in 2021. However, only one person can become the recipient of the payment if there are several adoptive parents, guardians/trustees or adoptive parents. In this case, such an allowance is paid for each child.

To receive payments upon adoption of a child, establishment of guardianship/trusteeship, or transfer to a foster family, the recipient of the benefit should submit an application at the place of residence to the body authorized by the region of the Russian Federation to consider this issue. Applications can be made in person, by post or electronically.

The application will need to be accompanied by a set of documents confirming the right to receive benefits (including in an increased amount) and the absence of parents for children (clauses 34, 35 of the Procedure for assigning state benefits, approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n).

Funds are paid no later than 10 calendar days from the date of registration of the fact of acceptance of the application by the authorized body or sending the required set of documents by mail (clauses 37, 38.1, 38.2 of the Procedure approved by Order No. 1012n). If the set of documents attached to the application is incomplete, the applicant will receive written explanations about this. The missing documents must be submitted no later than 6 months from the date of receipt of clarification - then the date of the application is considered to correspond to the original one (clause 38.3 of the Procedure approved by Order No. 1012n).

Wage

The guardian's salary is a monthly payment for the adopted child. The amount is determined by the terms of the foster family agreement (hereinafter referred to as FSA). And if a citizen is unemployed, then the period of raising an adopted child is counted in the insurance period and is taken into account when assigning a pension.

Regional authorities independently establish the procedure for determining the size of a parent’s salary from the PS. Salary depends on:

• region of residence;
• age of children adopted;
• number of children accepted;
• children's health status.

If a dependent has health limitations, for example, a disability, then the parents will be awarded an increased allowance for an adopted child in 2021. For example, in Moscow, for a disabled minor, the amount of payments increases to 70%.

If only one child is accepted into the PS, then the salary should be assigned to only one of the parents. If three or more children are taken into care, then earnings are assigned to each parent, for each child registered in the PS.

Average values ​​of guardian salaries in Russia:

For example, in Moscow, the allowance for foster children under 12 years of age is only 16,500 rubles per month, if only one child is accepted into foster care. If there are three children at once, then for each of the children they will assign an average of 19,800 rubles per month, and for each parent.

Amount of one-time payment for fostering a child

The amount of payments when adopting a child or taking him into foster care is fixed (Article 12.2 of Law No. 81-FZ), but this amount is subject to annual indexation, carried out from February 1 (Article 4.2 of Law No. 81-FZ).

The initial values ​​of the amounts are as follows:

• 8,000 rub. - for an ordinary child under the age of 7, if he enters a family without a brother/sister;
• 100,000 rub. — for a disabled child, children over 7 years old, or for each adopted child together with a brother/sister.

Due to indexation, these values ​​at the beginning of 2021 amount to 18,886.32 rubles. and 144,306.88 rubles. (Resolution of the Government of the Russian Federation dated January 28, 2021 No. 73).

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Regional measures to support adoptive parents

Each federal subject adopts its own programs to help families hosting children. For example, in the capital and region they are given the right to receive regional capital.
Its size is 100,000 rubles. In addition, the adoptive parent in Moscow receives:

1. One-time 30 thousand rubles. The money can be transferred to the account of either one of the parents or the child.
2. Monthly payment in the amount of 10,000 rubles. This payment is due only to citizens who successfully fulfill parental responsibilities, as confirmed by the guardianship service.

Attention! Specific preferences for adoptive parents in the regions should be checked with the guardianship authorities of the local administration.

List of child care payments for those who take him into custody

With regard to other payments related to child care for persons who have adopted a step-child, the legislation does not make any exceptions, extending them to all those raising children. What payments are due when adopting a child or establishing guardianship/trusteeship over him (including in the form of a foster family)?

Like persons who gave birth to children, adoptive parents, guardians/trustees, adoptive parents insured in the OSS system are entitled to monthly benefits:

• For caring for a child under 1.5 years of age, subject to the actual implementation of such care (Article 13-15 of Law No. 81-FZ). Moreover, the amount of payments also amounts to 40% of average earnings calculated from income subject to insurance contributions to the Social Insurance Fund, and is characterized by the maximum and minimum possible values ​​for it for each subsequent year.
• Entitled to a child of a military man called up for service during the period of such service until the child reaches the age of 3 years (Article 12.5-7 of Law No. 81-FZ). It is set at a value determined by law (6,000 rubles), indexed annually from February 1. At the beginning of 2021, the benefit is 12,817.91 rubles. (RF Government Decree No. 73).

Since a step-child is taken into care, those who do this do not have the right to payments:

• for pregnancy and childbirth;
• for early registration during pregnancy;
• lump sum upon birth of a child.

But in this list, women adoptive parents who take into the family a child/children under the age of 1.5 months are in a special position. For the initial period of his life, they have the right to claim payment of maternity benefits upon adoption of a child (Article 7 of Law No. 81-FZ). The duration of the period for which such benefits will be calculated is counted from the day of adoption until the expiration of 70 days from the date of birth if one child is adopted, and 110 days if there are several such children (Clause 2, Article 10 of the Law “On Compulsory Social Insurance...” dated December 29, 2006 No. 255-FZ). The average daily earnings for calculating this payment will be determined in the usual manner for such payments. The maximum amount of benefits for the adoption of a child in 2021 will be obtained if the child is adopted from the first day of life, and the woman’s average daily earnings are calculated from the sum of the maximum amounts of income subject to contributions to the Social Insurance Fund for 2021 and 2021.

How are child benefits calculated in 2021?

The amount of payments is now calculated taking into account the new billing period (2019 and 2021) and the size of the insurance base - for two years its size amounted to 1,777 million rubles. When calculating the amount of benefits, the minimum wage this year is also taken into account - 12,792 rubles. Since January, all regions that used the offset mechanism to calculate benefits now receive benefits from the Social Insurance Fund. This means that all regions now use the same algorithm for calculating benefits.

Other payments available to adoptive parents

Payments upon adoption of a child also include amounts received by ordinary parents in the form of:

• Maternity capital intended for families in which a second and subsequent children appear (clause 1, article 3 of the law “On additional measures...” dated December 29, 2006 No. 256-FZ). The amount of payment for the adoption of a child in 2021 will be 483,831.83 rubles. In the case of adoption of a second child starting from 01/01/2020, provided that the first child was born (adopted) also starting from 01/01/2020, the amount of maternity capital increases by 155,550 rubles. and amounts to a total of 639,431.83 rubles. For the second child in the event of his birth (adoption) starting from 01/01/2020, provided that the first child was born (adopted) before 01/01/2020 - 639,431.83 rubles; However, these funds have strictly established areas of use, are issued with a certificate and are issued in the form of cash only in parts and in a limited number of cases (Clause 3 of Article 7 of Law No. 256-FZ).
• Monthly payments to insufficiently wealthy families due to the birth of their first or second child (Clause 2, Article 1 of the Law “On Monthly Payments...” dated December 28, 2017 No. 418-FZ). In this case, the guardian can also receive payments for the first child. For the second of the children, these payments are made at the expense of maternity capital (Clause 4, Article 1 of Law No. 418-FZ). The size of the payment is determined by the child's subsistence minimum established for the region for the second quarter of the year preceding the year of application for it (clause 5 of Article 1 of Law No. 418-FZ).

Thus, in terms of payments for the adoption of a child, adoptive parents differ from ordinary parents in the impossibility of receiving certain benefits (for registration in the early stages of pregnancy and issued at the birth of a child), as well as in the limitation of the duration of maternity leave when adopting an infant. Otherwise, their rights to social security correspond to the rights of a regular parent.

New maternity benefit in 2021

To determine the amount of benefits, you need to multiply the average daily earnings by the number of days of maternity leave. At the same time, the maximum amount of daily earnings for calculation is limited - 2,434 rubles. To receive these payments, the employee must submit the following documents to the Social Insurance Fund through the employer:

• application for payment of funds;
• certificate of incapacity for work;
• data on wages from other places of work for the previous period.

Results

Among persons who take in a stepchild, the most payments are available to adoptive parents.
They, like guardians/trustees and adoptive parents, can claim a one-time payment for the very fact of accepting a child. Like any person raising children (both natural and step-parents), adoptive parents have the right to paid parental leave. And just like ordinary parents, they have the right to take advantage of maternity capital and monthly payments intended to provide financial support to low-income families having their first or second child. One-time benefits related to the birth of children are not available to adoptive parents, but payment for the second half of maternity leave is possible in the situation of adopting an infant. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Benefits for registration in early stages of pregnancy in 2021

The basis of this benefit is 300 rubles. This amount is increased by the indexation coefficient and the regional coefficient. The amount of payments depends on the date of sick leave and childbirth, since they are the insured event. If the certificate of incapacity for work was issued before January 31, 2021, the amount of the benefit without taking into account the regional coefficient is 675 rubles. From February 1, the minimum benefit will be 708 rubles.

To receive payments, the employee must provide the employer with:

• application for payment of benefits;
• certificate from a medical institution.