For women on maternity leave, the employer pays a monthly allowance for each child under one and a half years old. What kind of benefit is given to the first-born child, what amount of benefit will be accrued for the second and third child, is the minimum and maximum amount of benefit limited to 1.5 years in 2017 - our article will answer these and other questions.
Monthly child care allowance
The monthly allowance for caring for children up to one and a half years of age is classified as so-called “maternity benefits”. Child benefit up to one and a half years is assigned to women who, at the end of postnatal leave, have taken leave to care for a baby up to 1.5 years.
The right to go on “children’s” leave, and therefore to receive benefits, instead of the mother, is equally given to the child’s father, grandparents, guardians, and other working relatives who actually care for the baby, for whom social insurance contributions are transferred (Article 13 of the Law dated May 19, 1995 No. 81-FZ).
For an employer, the basis for assigning a monthly benefit for a child under one and a half years old will be an application for parental leave and payment of “child” benefits. The application is submitted along with a birth certificate (copy), a certificate confirming that the father does not receive benefits (from his employer, or from social security for unemployed people), and for adoptive parents, a copy of the court decision and the adoption document are also required.
The employer has 10 calendar days to assign benefits. The monthly child care allowance is paid after its appointment, in the next salary. Further, the benefit should be paid once a month, also on payday. Personal income tax is not withheld from the benefit and insurance premiums are not charged on it.
A woman-mother has the right to use her “children’s” leave only partially, then the rest of it can be “taken off” by her husband or relatives (Article 256 of the Labor Code of the Russian Federation). Care allowance for up to one and a half years will cease to be accrued upon returning to work, since wages will be paid for working hours.
During maternity leave, maternity benefits are calculated and paid to the woman by the employer from the Social Insurance Fund. In the case where there are several employers, only one will pay the benefit, at the choice of the employee herself, and the other must provide confirmation that he did not assign benefits (clauses 2 and 2.1 of Article 13 of the Law of December 29, 2006 No. 255-FZ ). If a woman has changed jobs, and her work experience in her last place has not yet reached 2 years, she needs to request a certificate from her previous employer in form No. 182n so that the calculation can fully take into account earnings for the previous 2 years.
Procedure for calculating benefits up to one and a half years
“Children’s” benefit up to 1.5 years is equal to 40% of average earnings. Let's look at how it is calculated.
To calculate a monthly “children’s” benefit up to 1.5 years in 2017, you need to take into account the payments from which Social Insurance contributions were calculated in 2015-2016. This income is limited to a maximum amount:
- 670,000 rubles in 2015,
- 718,000 rubles in 2016
The two-year billing period is 730 days, from which the following days are subtracted: illness, pre- and postnatal leave, leave to care for an older child under 3 years old, if one falls within the billing period. According to the woman’s statement, to calculate the monthly child care benefit, those years of the calculation period that coincided with the previous decree can be replaced by the nearest earlier years, if only the amount of the benefit becomes larger (clause 1 of Article 14 of Law No. 255- Federal Law). In 2017, year replacements can only be made for 2013 and 2014, subject to the income limits then in effect:
- 568,000 rubles in 2013,
- 624,000 rubles in 2014
The next step is to calculate the average daily earnings. The employee’s two-year income is divided by the resulting number of days of this period:
Average daily earnings = Income for the previous 2 years / Number of days in the billing period
To final calculate the amount of the monthly child care benefit, the result must be multiplied by the average monthly calendar days - 30.4 (clause 5.1 of Article 14 of Law No. 255-FZ), and then by 40%:
Benefit up to 1.5 years = Average daily earnings x 30.4 x 40%
Calculation of benefits for all children is carried out equally, regardless of their “order” of birth. For those caring for several children under 1.5 years old, the amount of the benefit is summed up, and the resulting amount cannot exceed 100% of the average salary (Clause 2, Article 11.2 of Law No. 255-FZ).
Limitations on the amount of benefit for a child under one and a half years old
Although the benefit itself is not limited to the maximum limit, it must be borne in mind that the size of the average daily earnings is limited. Its maximum when calculating benefits is:
(RUB 670,000 + RUB 718,000) / 730 days = RUB 1,901.37
Accordingly, the maximum monthly benefit for child care up to 1.5 years in 2017 will be:
1901.37 rub. x 30.4 x 40% = 23,120.66 rubles.
As for the monthly minimum child care benefit, the restrictions here are directly established by Part 1 of Art. 15 of Law No. 81-FZ: 1500 rubles. for the first and 3000 rub. for subsequent children. But these amounts are not final - they are adjusted by the indexation coefficient, and also depend on the size of the current minimum wage. The last indexation was carried out on February 1, 2017, after which the minimum benefit became as follows (Government Decree No. 88 dated January 26, 2017):
- for the first baby – 3065.69 rubles,
- on the second, third, etc. – 6131.37 rub.
On July 1, 2017, there was another increase in the minimum wage to 7,800 rubles. Since the benefit amount below 40% of the minimum wage is impossible (which is 3,120 rubles), the minimum benefit for up to 1.5 years changed again from July 1, 2017, but only for caring for the first child:
- for the first child – RUB 3,120.00,
- for subsequent children it is still 6131.37 rubles.
The new values apply only to those whose “children’s” care leave began on 07/01/2017 and later. There is no need to recalculate child benefits up to 1.5 years old assigned earlier than this date.
In areas where, by law, salaries are increased by regional coefficients, the minimum and maximum “children’s” allowance up to the age of one and a half years must be determined taking into account such coefficients (Article 15 of Law No. 81-FZ).
The authorities of the Russian Federation, as part of stimulating the birth rate, provide support to parents and other relatives caring for the younger generation. They are accrued and paid the following types of state support:
- help for baby one and a half years old age;
- allowance for a child under 3 years of age.
The last payment is the smallest in size. In this regard, regional governments are developing their own measures to support parents. Let’s look at who can count on what types of government support in 2019. Where to apply for them, what documents to collect.
General concept of child benefits
The state develops and implements measures aimed at supporting families with children. Most of them are financial in nature. Thus, women who give birth have the right to receive money until the baby turns three years old. Benefits are divided into two types:
- up to one and a half years;
- up to three years.
At the same time, the size of the first type of state aid is significant. The payment allows a mother who has received parental leave not to experience financial difficulties. When the baby turns one and a half years old, the situation changes.
In 2019, benefits for mothers (or other family members) up to three years of age are assigned in accordance with the execution of Decree of the President of the Russian Federation No. 1110 of May 30, 1994. It is compensatory in nature. The amount of this type of government assistance is 50 rubles.
Information: since 2015, the issue of extending the payment assigned for up to one and a half years until the child reaches three years of age has been discussed. More than 50 billion rubles are needed to finance such a social program. Download for viewing and printing:
Who is entitled to compensation? 3 years
The following can receive 50 rubles monthly from one and a half to three years:
- employed mothers (other family members):
- on maternity leave;
- women:
- are or ;
- fathers or other adult family members caring for the baby;
- adoptive parents and;
- female military personnel serving within the Russian Federation or abroad;
- mothers laid off due to the liquidation of the enterprise;
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Where to contact
The application is submitted to the authority responsible for the calculation and payment of assistance. The addressee depends on the circumstances, namely:
- those employed must write an application to their place of employment (supervisor);
- students - to the rector of the university;
- military personnel - submit a report to superiors;
- arrange assistance through the social protection authorities at the place of residence:
- laid off due to layoffs;
- individual entrepreneurs.
What documents are needed
The following documents are attached to the application:
- a copy of the birth certificate of the baby;
- a copy of the work book;
- a certificate from the employment authorities stating that the applicant does not receive unemployment benefits.
If government assistance is not issued to the mother, then you must also bring a certificate stating that other family members do not receive it.
Attention: you must have original documents with you for verification.
You can submit your application in the following ways:
- bring in person;
- send by letter with a list of attachments and notification (certification of copies is required);
- transfer through an intermediary (a power of attorney is required);
- through the State Services portal (account required).
Application processing procedure
The received package of documents must be reviewed within ten days. Then payments begin:
- for employed people - on the day the company employees pay their salaries;
- through social insurance - on the date of the next transfers.
Theoretically, government support may be refused. In practice, this happens due to the failure to provide any document. In this case, the applicant is notified of the need to deliver the paper. As a rule, the specialist uses the phone number specified in the application.
Money by law must be paid for the entire due period. Therefore, if a mother declares her right before the baby’s second birthday, she will receive the first tranche for six months in one amount.
For information: state benefits are transferred to the recipients specified in the application in the following way:
- to a bank card;
- by postal transfer.
Can payments be stopped early?
Under certain conditions, compensation assistance may be cancelled. The law describes the following conditions for termination of payments:
- dismissal of the recipient;
- assignment of unemployment benefits to him;
- interruption of care leave (return to full-time work);
- new births (from maternity leave to maternity leave);
- transfer of the baby to full state support;
- deprivation of the recipient's parental rights;
- death of a newborn.
Proposals for changing legislation
The amount of state support for the period from one and a half to three years is recognized not at all satisfactory. This issue is regularly raised at the level of the Russian Government. In particular, it was discussed at the All-Russian Forum of Social Workers, in which Dmitry Medvedev, Chairman of the Government of the Russian Federation, took part.
Based on the results of the discussion, a different approach was developed to assigning state support to persons caring for children under three years of age. It was associated with the financial situation of the family. The proposals were as follows:
- It is necessary to develop criteria for the need of families. Not everyone has the opportunity to place their child in a nursery and go to work. According to statistics, more than 77,000 mothers do not return to work until the child’s third birthday.
- It is also necessary to select categories from those in need to provide targeted assistance. For example, single mothers living in places that are not fully provided with nursery groups.
- Development of a financing mechanism for this type of state support. Employers will likely be involved in this work.
- At the legislative level, labor law standards should be reviewed. It is advisable to include mechanisms for the participation of mothers in the production process on acceptable terms:
- part-time;
- flexible schedule and more.
Bills
Draft Law No. 1174985-6 of September 15, 2016 provides for the following changes:
- extension of the period for accruals and payments of state support in an amount of up to one and a half years, up to three years;
- establishing the lower limit of this type of state assistance at the level of the minimum wage (minimum wage):
- one minimum wage (RUB 7,800 from 07/01/2017) - for the first newborn;
- two minimum wages - on the second and subsequent ones.
According to the constitutional rule, bills involving budget financing must be accompanied by an analytical assessment of the Government of the Russian Federation. The described initiative did not receive support from the authorities. The Government of the Russian Federation did not support it, since the budget does not allow additional funding for social support measures for families with children.
Reference: back in 2014, a bill was registered in the State Duma (No. 648289-6), suggesting an increase in the amount of assistance to the level of the subsistence level in the country:
- one for the first baby;
- in double size - on the second and subsequent ones.
Deputies rejected this proposal for the same reasons: there are no funds in the budget.
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Regional support for mothers up to 3 years
While there is a discussion at the federal level about changing the legislative procedure for providing assistance to mothers of younger children 3 years, the regions have been creating their own programs. Subjects of the federation have the right, if funds are available, to finance social support for citizens in need.
Information: the authorities of Crimea and Sevastopol are faced with the problem of the need to introduce new mechanisms to help families with newborns. The fact is that in Ukraine, benefits are paid to mothers until the child’s third birthday. After the regions transferred to the Russian legislative field, the authorities had to solve the problem of loss of income for this category of citizens.
In the capital and region, additional measures have been established to support families with newborns until their third birthday. They are formed on the following principles:
- targeting, that is, they are assigned to a specific recipient, and not to a category of citizens;
- need - provided to families whose average monthly income is below the minimum subsistence level established for the region.
Types and amounts of benefits for capital families
Mothers and other relatives of children under three years of age may qualify for various payments. The main criterion is the place of registration of the recipient: one of the parents must have a residence permit in Moscow or the region.
The types of benefits and their amounts are as follows:
| Recipient category | Description (monthly) |
| Single mother | Allowance - 4,500 rubles. ; for food - 675 rubles. ; due to price increases - 750 rubles. |
| Disabled parents Low-income families | 1,600 rub. |
| Disabled parents | 6,000 rub. |
| Students | 1,600 rub. ; for groceries - 1,875 rubles. |
| Large families | |
| Three or four minors | 1,600 rub. ; for groceries - 675 rub. ; to pay for utilities - 522 rubles. ; phone - 230 rub. ; for price increases - 600 rubles. |
| Five or more | 1,600 rub. ; products - 675 rub. ; price increase - 750 rub. ; utilities - 1044 rub. ; telephone - 230 rub. ; purchase of children's goods - 900 rubles. |
| Adoptive families | 12,000 rub. one-time; 1,600 rub. ; for utilities 928 rub. |
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Watch a video about child benefits
The right to this benefit is the mother, father or other person actually caring for the child (but only one for each child). Those who can apply for benefits include:
- performs military service under a contract or serves in law enforcement agencies;
- were fired during pregnancy or maternity leave due to the liquidation of the employing company (or termination of the activities of the individual entrepreneur);
- study full-time, including at universities, colleges, etc.
However, the right to receive benefits remains if the recipient works at home or part-time or continues to study.
If a citizen is entitled to unemployment benefits, then he must choose which benefit to receive: unemployment or child care.
Women who gave birth to a second child during maternity leave must also choose which benefit they will receive: maternity benefit or child care benefit ().
The benefit stops being paid when the child turns one and a half years old.
Amount of child care benefit
As a general rule, the benefit amount is 40% of average earnings. Average earnings are determined by the same rules as for benefits.
EXAMPLE
A woman who gave birth to a child in 2017 earned 650 thousand rubles during 2016, and 580 thousand rubles during 2015. Over the course of two years, she spent a total of 21 days on sick leave; there were no other periods not included in the calculation.
Total earnings for two years amounted to 1,230,000 rubles. To determine average earnings, total earnings must be divided by the number of calendar days of these years (730) with the exception of those that are not taken into account in the calculation (21):
1,230,000: (730 - 21) = 1,734.84 rubles.
This amount does not exceed the maximum average earnings (RUB 1,901.4), and therefore can be used in further calculations. It needs to be multiplied by a fixed value: 30.4 (), and then calculated 40% of the total:
1734.84 x 30.4 x 40% = RUB 21,095.65
This is exactly the amount of benefits that a woman will receive monthly.
When simultaneously caring for two or more children until they reach one and a half years old. This amount cannot be more than average earnings, but it should not be less than the total minimum benefit amount (that is, the minimum benefit for the first child plus the minimum benefit for the second child and subsequent ones) - 9197.06 rubles. from February 1, 2017 ().
The amount of the benefit will be minimal for mothers who were fired due to the liquidation of the employer, as well as parents studying full-time, and persons who actually care for the child if his parents have died or are unable to do this on their own (deprived of parental rights, are serving a sentence of imprisonment, are declared missing, etc.).
During parental leave until the child reaches the age of one and a half years, the employer is obliged to pay a monthly allowance from the Social Insurance Fund to the mother (another relative of the child). Art. 11.1 of the Law of December 29, 2006 No. 255-FZ (hereinafter referred to as Law No. 255-FZ). The requirements for the timing of its appointment and payment are formulated in such a way that it is unclear on what day it should be paid and for what month (for the current or the past).
Should I pay benefits, like wages, twice a month?
Child care benefits are paid within the deadlines established for the payment of wages clause 51 of the Procedure, approved. By Order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n. And salaries must be paid at least every half month on the days established by the internal documents of the organization and Art. 136 Labor Code of the Russian Federation. Hence the question: should child care benefits be paid twice a month? This question was answered to us in Rostrud.
FROM AUTHENTIC SOURCES
Deputy Head of the Federal Service for Labor and Employment
“The childcare benefit for a child up to one and a half years old is paid once a month in the total amount, since the payment of benefits in installments is not provided for by law and Articles 13, 15 of the Law of May 19, 1995 No. 81-FZ” .
On what day should benefits be paid?
You have set salary payment days for the first and second half of the month. Art. 136 Labor Code of the Russian Federation. On which of these days should benefits be paid?
FROM AUTHENTIC SOURCES
“The child care benefit must be assigned within 10 calendar days from the date the insured person applies for it with all the necessary documents. And the employer is obliged to pay the benefit on the day closest to the date established for the payment of wages after the benefit is assigned. Part 1 Art. 15 of Law No. 255-FZ. Subsequently, this very day, established for the payment of wages, will be the day of the monthly payment of benefits.”
Rostrud
For example, in an organization, salaries for the first half of the month are paid on the 25th of the current month, and for the second - on the 5th of the next month. If a woman submitted an application for payment of benefits with all the necessary documents on the 20th, and the benefit was assigned to her on the 29th of the same month, then it must be paid on the 5th of the next month. And during this period, pay benefits during the entire vacation until the child reaches the age of one and a half years.
For what month should benefits be paid - current or past?
That is, for example, in June for June or in June for May? This is not defined by law. Possible options depend on your specific situation.
SITUATION 1. The woman applied for benefits in the first month of maternity leave, and the payment date for the first time falls in the same month. Then the benefit should be paid only for the current month.
Let's continue the above example. The woman, whose maternity leave began on June 5, submitted all documents to the accounting department on the same day. The benefit must be assigned no later than June 14, and paid on June 25 for June, that is, for the current month. And subsequently she must be paid benefits for the current month on the 25th.
In such a situation, if a woman interrupts her vacation and goes to work, and her benefits for the current month have already been paid, there is no need to withhold anything for the days remaining until the end of the month. After all, the payment of benefits stops from the month following the one in which the woman interrupted her maternity leave. clause 83 of the Procedure, approved. By Order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n. In such a situation, the FSS will not refuse to reimburse the benefit.
SITUATION 2. The woman applied for benefits in the first month of leave, but the date of payment of benefits for the first time falls on the next month, or in the second, or any subsequent month of maternity leave.
Then she can be paid benefits both for the past and for the current month. By the way, indirectly the FSS does not object to the payment of benefits for the past month Letter of the FSS dated December 28, 2009 No. 02-13/07-13158.
For example, a woman whose maternity leave began on June 5 submitted documents to the accounting department on June 19. Then the benefit for June must be assigned no later than June 28, and paid on July 5. However, in this situation, you can pay benefits for the first time for 2 months - for June and July. Then the benefit will subsequently be paid for the current month. There is no point in this, but it will not be a violation either.
If several of your employees are on maternity leave, monitor payment dates more closely. It may happen that the benefit will be paid to them on different days established for the payment of wages. Of course it's inconvenient. And if the employees do not object and do not complain to the labor inspectorate, some organizations pay benefits to everyone who is on maternity leave on the day the salary is paid for the second half of the month, even if the benefit was paid for the first time on the day the salary was paid for the first half month.
With the birth of a child, the state provides the family with a monthly allowance for child care for up to one and a half years. For working parents, this is an opportunity to compensate for lost wages, and for unemployed parents, to cover part of their expenses. We will look in detail at who and how to correctly apply for benefits, as well as how to go back to work while maintaining their payment.
Example of calculating benefits up to 1.5 years
Kravtsova O.A. I wrote an application for parental leave to care for a child up to 1.5 years from September 1, 2017. We will calculate the benefits. First, let’s calculate Kravtsova’s average earnings based on the billing period of 2015 and 2016. Kravtsova’s total salary in 2015 was 540,000 rubles, in 2016 - 580,000 rubles. These amounts do not exceed the limit, which means we can take them into account in full when calculating. In the calculation period, Kravtsova took sick leave, 15 days in 2015 and 10 days in 2016. Accordingly, we exclude these days from the calculation:
731 - 25 = 706 days
Let's calculate the average daily earnings:
(540,000 + 580,000) / 706 = 1,586.40 rubles
We compare with the maximum value allowed for this indicator:
1,586.40 rubles and 1,901.37 rubles
The amount received does not exceed the maximum, which means we can use it to calculate benefits.
The child care benefit will be:
1,586.40 x 30.4 x 40% = 19,290.62 rubles
The amount we received exceeds the minimum established for the benefit, but does not exceed the maximum, so Kravtsova will be paid a monthly benefit equal to 19,290.62 rubles. Kravtsova will receive this amount until her child turns 1.5 years old.
Preparation of documents for care allowance
Working apply for benefits at their place of work. If before pregnancy the mother worked in two organizations, then it is better to apply for benefits in the company where she worked for at least two years and the salary was higher. You need to contact the accounting department with an application and attach the following documents to it:
- a certificate from the second parent stating that he did not receive this benefit (if he works - from his place of work, if he studies - from his place of study, if he is unemployed - from social security, if an individual entrepreneur pays contributions - from the Social Insurance Fund, if he does not pay - then from social security) ;
- a certificate that the mother did not receive this benefit at another job (if she works somewhere else);
- a certificate of income for the previous 2 years (if the mother worked for another employer during this period).
The accounting department will calculate the benefit and pay it on paydays.
Unemployed apply for social security benefits (USZN). When applying, you will need to write an application for payment of benefits and attach the following documents to it:
- passport of mother (father, relative);
- a copy of the child’s birth (adoption) certificate;
- copies of birth certificates of other children (if available);
- a certificate from the second parent stating that he did not receive this benefit (from his place of work, study or from the social security agency);
- a certificate from the employment center stating that the mother does not receive unemployment benefits;
- work book;
- details for transferring funds.
For the mother who was dismissed due to liquidation of the company during maternity leave (maternity leave or up to 1.5 years), you will also need to contact the social security authorities. To the application for benefits, in addition to the documents listed for unemployed citizens, you will need to attach:
- leave order;
- certificate of the amount of the assigned benefit.
The USZN will review the documents within no more than 10 days and will transfer the benefit to a bank card or by postal order.
Important
- Both employed and unemployed citizens can take out parental leave for up to 1.5 years and receive benefits for it.
- Not only the mother of the child, but also other relatives have the right to benefits. It can only be issued by one person who will directly care for the child during this period of time.
- You need to apply for payment of benefits to your employer if the mother (other caregiver) officially works, or to the social security service if the mother does not work or works unofficially.
- The application period is no later than 6 months from the date the child turns 1.5 years old.
- Interruption of parental leave leads to the termination of benefit payments. To maintain payment, you need to go to work part-time or work from home.
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