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The right to family capital. Who has the right to receive capital for the mother

This book covers the issues of registration of real estate transactions using maternity capital, and also provides practical recommendations on receiving and using maternity capital funds. The text is structured in the form of questions and answers. The questions describe typical situations that occur in most cases. Answers to questions are given in detail with references to the law. In some cases given step by step plan actions, following which you can easily solve the problem that has arisen.

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The given introductory fragment of the book Maternity capital, as well as how to get it and what to spend it on (Tatyana Semenistaya, 2016) provided by our book partner - the company liters.

Who is eligible to receive “maternity capital”

Who is eligible to receive maternity capital?

In accordance with Article 3 of Federal Law No. 256-FZ of December 29, 2006 “On additional measures state support families with children” have the right to receive maternity capital funds:

– a woman with Russian Federation citizenship who gave birth to (adopted) a second child, a citizen of the Russian Federation, starting from 01/01/2007;

– a woman with Russian Federation citizenship who gave birth to (adopted) a third or subsequent children, citizens of the Russian Federation, starting from January 1, 2007, if she had not previously exercised the right to receive maternity capital;

– a man with Russian Federation citizenship who is the sole adoptive parent of the second, third child and subsequent children, citizens of the Russian Federation, if the court decision on adoption entered into legal force starting from 01/01/2007;

– the father (adoptive parent) of the child, regardless of whether he or she has Russian citizenship, in the event of termination of the right to maternity capital in a woman who gave birth (adopted) children, due to death, deprivation parental rights in relation to a child, in connection with whose birth (adoption) the right to receive maternity capital arose, the commission of an intentional crime against the child (children), in the event of cancellation of the adoption;

– minor child(children in equal shares), or an adult child studying full-time in educational institution, until graduation, but no longer than until he reaches the age of 23, upon termination of the right to maternity capital from the father (adoptive parent) or the woman who gave birth (adopted) him (the children), in the event of their death, deprivation of parental rights, crime in relation to children, in the event of cancellation of adoption, as well as in the event that the father (adoptive parent), after the death of the mother or deprivation of her parental rights, did not have the right to receive maternity capital, which the woman who gave birth (adopted) this child (children) had ).


In what cases can a man receive maternity capital?

In accordance with Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children,” a man (father or adoptive parent of a child) can also receive maternity capital, in following cases:

– If the man is the sole adoptive parent of the second, third and subsequent children, if the court decision on adoption entered into legal force after 01/01/2007. In this case, the man must be a citizen of the Russian Federation.

– If a man is the father of the second and subsequent children born after 01/01/2007, and the child’s mother (or adoptive mother) lost the right to maternal capital due to death, declaring her deceased, deprivation of parental rights, or committing an intentional crime against the child, relating to a crime against a person, cancellation of the adoption of a child. In this case, the citizenship of the man does not matter.

A man does not have the right to maternity capital if he is a stepfather in relation to a previous child.


After the birth of her second child in 2008, she received a certificate for maternity (family) capital. In 2014, my third child was born. Do I have the right to receive maternity capital for my third child?


No. You haven't. You can only receive the certificate once.

In accordance with Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children,” maternity capital can be received only once.

You can receive maternity capital for your third child only if you did not receive maternity capital for your second child.

In your case, maternity capital has already been received, so you cannot receive it for your third, as well as fourth and subsequent children.

At the birth of your third child, you can receive regional maternity capital. But regional maternity capital is not issued to families in all regions of the Russian Federation, since not all regions have adopted the law on regional maternity capital.

The amount of regional maternity capital is different in all regions and the directions in which regional maternity capital can be used are different in each region.

You should find out information about regional maternity capital and the possibility of receiving it at the Pension Fund branch at your place of registration.


I am a citizen of Ukraine, I live and work in Russia, my husband is a citizen of Russia. In 2014, the second child was born. Can I get a certificate for maternity capital? Can my husband (the child’s father) get it, since he is a citizen of the Russian Federation?


You cannot receive a certificate for maternity capital, since you are not a citizen of the Russian Federation.

The child’s father cannot receive a certificate either, since such a right can pass to him only if it arose with the child’s mother, but was lost by her.

To receive a Certificate for Maternity (Family) Capital, the following condition must be met:

Mother and child must be citizens of the Russian Federation. It doesn’t matter how long you live in Russia, the main thing is what country you are a citizen of.

Father of the child in in this case cannot obtain a Maternity (Family) Capital Certificate.

The law provides for fathers to receive a Certificate, but only if the child’s mother has died or been deprived of parental rights. In this case, the mother must be a citizen of the Russian Federation. That is, at the birth of her second child, she has the right to receive this certificate. And only due to the fact that she is no longer alive or has been deprived of parental rights, this right to receive a Certificate passes to the child’s father.

In your case, you did not have such a right at the birth of your second child. Therefore, neither you nor your husband can receive a Certificate for maternal (family) capital.


I am a citizen of Kazakhstan. I have two children. The second child was born in 2013. His mother (my wife) died in childbirth. Do I have the right to receive a certificate for maternal (family) capital if the family lives in the Russian Federation, the mother of the children is a citizen of the Russian Federation, and I am a citizen of Kazakhstan?


Yes. You have the right to receive a certificate for maternity capital, since the right to receive it was transferred to you after the death of the mother of the children, who acquired it in connection with the birth of her second child.

State program support for family and childhood “Maternity (family) capital” began operating in 2007. Initially, only a woman who gave birth or adopted a second or subsequent child could receive maternity (family) capital.

However, the law was later amended.

IN at the moment The father can also receive maternity capital.

In accordance with Article 3 of the Federal Law “On additional measures of state support for families with children,” the right to maternity capital also arises for the father, regardless of whether he has Russian citizenship, in cases of the death of a woman - the child’s mother, or deprivation of her parental rights in relation to the child, in connection with which the right to maternity capital arose.

Since your wife was a citizen of the Russian Federation, since the children are citizens of the Russian Federation, since the second child was born after 01/01/2007, and since she had not previously received a certificate for maternity capital, then at the birth of her second child she had the right to receive such a certificate, which after her death passed to you. However, your citizenship does not matter.

To obtain a State Certificate for receiving maternity (family) capital, you need to contact Pension fund at your place of residence, submit an application for a state certificate for maternity (family) capital and the following documents:

– Your passport (+ copy – pages with personal data, with registration, page on which the children’s data is indicated);

– Children’s birth certificates (+ copies);

– Your birth certificate (+ copy);

– Marriage certificate (+ copy);

– SNILS (pension insurance certificate) for yours (the applicant) and children. If SNILS has not been received for any of the children, it is issued at the Pension Fund branch when submitting an application for maternity capital;

– Mother’s death certificate.

After submitting an application and a package of documents to the Pension Fund, you can receive the Certificate in thirty days in person or by mail.


I am a citizen of Belarus. I live in Russia. She gave birth to children in 2007 and 20013. Children are citizens of the Russian Federation. The father of the children (my husband) is also a citizen of the Russian Federation. Can children receive a Maternity Capital Certificate?


No. Children cannot receive a certificate for maternal capital, since this right passes to the children from the mother, in connection with her death, deprivation of parental rights, etc., and in the event that this right did not arise from the father. You do not have this right, since you are not a citizen of the Russian Federation.

In this situation, children cannot receive a certificate for maternal (family) capital.

In accordance with Art. 3 of the Federal Law of December 29, 2006 No. 256-FZ "On additional measures of state support for families with children" the right to additional measures of state support arises upon the birth (adoption) of a child (children) who has citizenship Russian Federation, for women, citizens of the Russian Federation, who gave birth to (adopted) a second child starting from January 1, 2007.

Since you are not a citizen of the Russian Federation, you cannot receive a certificate for maternity capital.

The law provides for cases when children can receive maternal (family) capital. But this only happens if the child was left an orphan and his mother had the right to receive maternity capital. In this case, the child’s guardians will manage maternity capital.

In your case, even if your child were suddenly left an orphan, he still would not be able to receive maternity capital, since you did not have this right.


I am a citizen of Russia, my children are also citizens of Russia, but we permanently live in the Netherlands. The second child was born in 2008. And in the same year the family moved to the Netherlands for permanent place residence. Do I have the right to receive maternity capital and spend this money on partial payment when buying an apartment in the Netherlands?


Yes. You can receive a certificate for maternity capital, since both you and your children are citizens of the Russian Federation. Place of residence does not matter.

You cannot purchase housing outside the Russian Federation using maternity capital. Only on the territory of the Russian Federation.

End of introductory fragment.

Maternity (family) capital (MSC) is a special social program that has been implemented in our country since 2007. The main document regulating all issues and nuances related to MSC is the Federal Law “On additional measures of state support for families with children” No. 256-FZ. Authorized body The Pension Fund of the Russian Federation is responsible for coordinating all work within the framework of this program.

So what do you need to know about MSCs in order to fully take advantage of the opportunities provided by the state? Further in our material we will tell you in detail about maternity capital and all the nuances of its registration, receipt and expenditure.

How is maternity capital formed?

The source of formation of MSCs are funds federal budget, transferred to the budget of the Pension Fund of the Russian Federation for the implementation of additional measures of state support for families with children (in accordance with Law No. 256-FZ).

At the same time, local authorities can establish additional measures to support such families at the expense of their regional budgets.

Additional measures here mean the following:

  • the possibility of improving living conditions for families with two or more children;
  • education of the child (children);
  • for the formation of the mother’s future pension;
  • for the purchase of goods and services related to the needs of disabled children.

You can use MSC tools quite flexibly. For this purpose, the following options for managing the amount of maternity capital are provided:

  • in whole or in part,
  • in one or more permitted directions.

Spending MSC funds for purposes not provided for by law is prohibited.

What is a maternity capital certificate?

The right to funds under the MSK program is formalized by issuing a Certificate for maternity (family) capital. The certificate is personal and can exist on paper or in the form electronic document.


The certificate itself cannot be used to pay. Based on it, you can submit an application for the transfer of funds by wire transfer from the accounts of the Pension Fund in one or more selected directions.

Important: you can use the right to receive funds under a maternity (family) capital certificate only once.

To obtain a certificate for maternal capital you must:

  • personally contact the territorial branch of the Pension Fund;
  • register on the website of the multifunctional center for the provision of state and municipal services and fill out the appropriate application;
  • register on the website of the Russian Pension Fund and fill out the appropriate application;
  • through the website of the Pension Fund of the Russian Federation, receive a coupon indicating the specific date and time of reception and apply in person at the specified time.


Legislated deadline for making a decision on issuing or refusing to obtain a maternity (family) capital certificate
– within a month from the date of receipt of the application and complete package documents required for issuing a certificate. In this case, within five days from the date of the decision, it is necessary to inform the applicant available means communications.

Who is entitled to maternity capital?

The following categories of citizens have the right to receive maternity (family) capital:

  • from a mother who gave birth to or adopted a second or subsequent children from January 1, 2007 to December 31, 2016. To obtain a certificate, the mother and child must have Russian citizenship;
  • from the father, if he is the sole adoptive parent of the second child, the court decision on whose adoption came into force after 01/01/2007;
  • from the father, regardless of citizenship, if the mother’s right to receive MSK has ceased (clause 4, article 3 of Law No. 256-FZ);
  • for a minor child (children in equal shares), as well as for an adult child studying full-time in educational organization, but not longer than until the age of 23 - in case of termination of such right from parents or adoptive parents.

Important: registration of guardianship does not give the right to receive maternity (family) capital.

Information about all citizens entitled to MSC is summarized in Federal Register persons entitled to additional measures of state support.

The following data is displayed there:

  • SNILS;
  • Full name and surname of the copyright holder at birth;
  • Date of birth;
  • Residence address;
  • Details of a passport or other identity document (series, number, date of issue);
  • Date of inclusion in the Register;
  • Information about children;
  • Information about MSC (amount, directions of order, actual use);
  • Information on termination of the right to MSC

The register is maintained by the bodies authorized to issue MSKs - the Pension Fund of the Russian Federation and its territorial offices.

Maternity capital amount

The amount of maternal (family) capital in 2007, when the Law was adopted, was 250 thousand rubles. According to clause 2 of Article 6 of Law No. 256-FZ, the amount of maternal (family) capital or its balance must be reviewed annually taking into account the rate of inflation growth and is set federal law on the federal budget for the corresponding fiscal year.

However, in 2016, the size of the MSK was not indexed; it remained at the 2015 level and amounted to 453,026 rubles.

At the same time, the total amount of maternity capital is reduced by the amount of funds already used in permitted areas.

The question of which child is given maternity capital does not lose its relevance.

The program is designed to stimulate fertility and improve some demographic indicators.

At the very beginning of its introduction, it was decided to make payments only if a family has more than two children, one of whom was born or adopted since 2006.

Almost every year, an initiative group is organized that puts forward for consideration by parliamentary committees the issue of approving the payment of family capital even for the first child.

For example, a slightly smaller amount of money is offered for payment for the first-born. However, so far such an initiative has not gained the necessary support from government agencies.

Civil servants refer to the fact that for those families who have a really difficult financial situation, there are other types of payments that can be received for the first child. They differ in volume from maternal capital, but also support young parents.

How much maternity capital is given to children? Today, to receive this capital, a family must have two or more children.

For children or for childbirth?

The discussion about whether to pay maternity capital for children or for childbirth, as well as whether it is necessary to pay family capital if twins were born or the second child died, was carried on for quite a long time and controversially.

The opinion of officials, as well as society, on this issue is divided into two parts.

On the one hand, there were supporters of making payments only depending on the number of children in the family. They believed that the number of births does not play any role.

The opposite opinion was based on the fact that, since the state material support should stimulate the birth rate in the country, it is necessary that the family decide on a second birth, despite the fact that the first time one child was born, twins or triplets.

In the end, due to protests and discontent from civil society, the first group of people won this discussion. Therefore, at the moment, as always, maternity capital is paid only based on the number of children born or adopted.

This means that even if the second child dies during his recorded birth, the family receives state aid.

Mat. capital for one child

So, today, which child is given maternity capital?

Maternity capital per child is not paid, since it is intended for several other purposes, including stimulating the birth rate in the country.

If payments are made at the birth of their first child, parents will be deprived of the incentive to give birth to or adopt another child, since the payment occurs only once for one of the children.

In addition, when several children are born, mothers often have to register at work maternity leave, which negatively affects social status families, as profits decrease.

This was precisely the second reason for the design legislative framework in such a way that payments are made not to the first child in the family. So after what child do they give maternity capital?

For each subsequent

The Russian Pension Fund makes payments to family capital only once, regardless of how many children are born in the family.

The opinion that for each child born after the second, parents can request from the state financial assistance, is erroneous. As well as the question of how many children maternity capital is paid for?

Unlike maternity capital, some government payments for subsequent children are made under other programs.

Often this does not come from the federal budget, but from local territorial budgets.

Therefore, payments differ depending on different parts countries. In some regions, the amount of assistance may differ significantly. Often they pay more where the demographic situation of the society is worst.

For example, in Chelyabinsk, Vladimir, Ivanovo, as the best regions in demographic terms, the amount of capital is from 50 thousand rubles. In less developed areas. for example, in Mordovia, the Tomsk region and Kamchatka, the amount of capital reaches 450 thousand rubles.

In order to receive government payments for subsequent births of children, you must be registered in the constituent entity of the Russian Federation that implements the program of such support.

At the same time, you need to understand that this help will not be maternity capital.

Maternity capital for 5 children

Five children in one family is a real feat, which not all women are capable of. Unfortunately, this in no way affects the payment of maternity capital, since the legislation clearly states that the number of children does not affect the amount of support in this program.

The question of how many children maternity capital is issued for is not relevant here. This means that for the birth of the second and for the birth of the fifth child, the family is allocated a one-time equal amount of assistance.

Moreover, in some regions there are other types of incentives for mothers with five children.

These payments are regulated local authorities departments that are subject to federal legislation.

The condition that 5 children live in a family is included in some targeted family assistance programs in Russian regions.

It is important to remember that the number of children is not additional condition in the possibility of obtaining more maternal capital in the family.

Step-by-step registration process

In order to formalize payments of family capital, you need to collect a certain package of documents, which are described in the laws regulating payments of this financial assistance.

It is best to initially contact the territorial body of the Pension Fund, which will provide all the most correct information that you need to know before starting registration.

At the very beginning, it is necessary to issue a certificate that will grant the right to the mother or any other legal representative child, receive help from the state.

Maternity capital for a second child in 2019 will be provided according to slightly different rules than previously. Main changes - additional features on spending money. Already from January 1, you can receive monthly payments in the amount of the subsistence level from maternity capital. In addition, money can now be spent on paying for the services of nurseries and kindergartens, without waiting until the child turns 3 years old. The amount of maternity capital and the conditions for receiving it remained the same.

Who is entitled to receive maternity capital?

Maternity capital for the 2nd child (and not only) in 2019 can be received by:

  • women who gave birth/adopted a second child;
  • women who gave birth/adopted a third child or subsequent children, if they had not previously enjoyed the right to maternity capital;
  • men recognized as the sole adoptive parent of the second child or subsequent children.

Women have the priority right to maternity capital. If a woman cannot exercise such a right (deprived of parental rights, died, declared dead), then it passes to the male parent or adoptive parent. Finally, if such a man cannot take advantage of the right to maternal capital, then it passes to the child (children in equal shares). A child can apply for maternity capital both as a minor and as an adult, but only up to 23 years of age and subject to passing full-time training.

Amount of capital and options for spending it

The amount of maternity capital is 453,026 rubles. The amount has remained the same since 2017, and so far there is no talk of indexation.

Dispose of in cash possible for the following purposes (directions):

  1. Improving housing conditions (purchase of an apartment, house, its construction, including on bank lending terms).
  2. Payment for the education of the child(ren).
  3. Transfer to mother's funded pension.
  4. Purchasing goods and services for disabled children.
  5. Receiving a monthly payment in the amount of the regional subsistence minimum for an able-bodied citizen.

By general rule, you can manage maternity capital funds only after the child turns 3 years old. However, legislation is gradually moving towards allowing the spending of money immediately after the birth or adoption of a baby. In 2019, it is necessary to wait for a child to turn 3 years old only for the purpose of forming a funded pension or buying an apartment or house without using credit funds.

Immediately after issuing the certificate, you are allowed to send money to:

  • for monthly payments (the specific expenditure of funds is not controlled, so the goals can be any);
  • to pay the down payment and repay a loan related to the purchase or construction of housing;
  • for preschool (nursery, kindergarten) education of the child;
  • for the purchase of goods and services for a disabled child.

It is permissible to spend maternity capital simultaneously on different purposes or change them as needed. Important condition There is only one thing - to spend it on permitted purposes and within the limits of available funds.

How to apply for maternity capital: where and how to apply

All issues related to the registration of maternal capital are dealt with by the Pension Fund (PFR). You must contact your local branch. Services can be obtained through the MFC or through the website ( personal account) Pension Fund. But most citizens prefer a visit to the Pension Fund, believing that it will be more reliable and faster.

Until recently, the overwhelming number of people spent maternity capital funds on improving their living conditions - more than 90%. And the leader in this direction is mortgage lending. Due to the emergence of new opportunities from January 1, 2018, it is expected that the number of people wishing to receive monthly payments will increase sharply. However, this is unlikely to have a serious impact on other areas, given the permissibility of spending funds for different purposes.

Formally, participation in the maternity capital program involves going through two procedures: issuing a certificate and obtaining the right to spend funds in the chosen direction. However, the Pension Fund of the Russian Federation allows, if there is such an opportunity and desire, to combine these two procedures into one - to simultaneously submit applications and the entire necessary set of documents.

To obtain a certificate, you must submit to the Pension Fund:

  • application in the prescribed form;
  • passport of the person for whom the certificate should be issued (hereinafter referred to as the applicant);
  • SNILS of the applicant;
  • birth certificates of all existing children;
  • court decision(s) on adoption;
  • documents confirming the termination of rights to maternity capital of the mother (parents) - death certificate, court decision, etc. (to issue a certificate for a man or child (children)).

Perhaps the Pension Fund will require additional documents. This is usually due to controversial situations or the need to document certain facts.

An application for a certificate is usually completed on site with the help of an employee of the Pension Fund or MFC. After reviewing the documents, you will be notified when you will need to come to receive your certificate. The standard period is within a month.

If, at the same time as issuing the certificate, the issue of obtaining permission to spend funds is being decided, then it will be necessary to submit a corresponding application (the form is available in the Pension Fund and on the website) and additional documents. The list depends on the chosen direction and reflects its features.

When receiving funds, for example, for a down payment on a mortgage, loan repayment (payment and (or) interest) will be required loan agreement, schedule, bank certificate of the established form. In addition, you will need title documents for housing (extract from the register of rights, agreement, acceptance certificate, etc., depending on the current status of the property).

To receive monthly payments required:

  1. Documents evidencing family income - for each family member - for the 12 months preceding the submission of the application. The following are taken into account: salary and other remuneration at the place of work (certificate provided by the employer), income of individual entrepreneurs and other commercial income (declarations, certificates), pensions, benefits, scholarships and similar payments(certificates are provided at the place of receipt of payments). The average per capita income, including the second child, should not exceed 1.5 times the regional subsistence minimum established for the working-age (working adult) population.
  2. Confirmation of Russian citizenship for the recipient of the payment and the child (passport, birth certificate).
  3. Documents with details or simply bank and account details where payments should be transferred.

Documents for payment can be submitted along with documents for issuing a certificate:

  • immediately after the birth of the child;
  • until the child is 6 months old - in this case you can receive the amount for the time elapsed since the birth of the baby;
  • after 6 months before the child turns 1.5 years old - payments will be assigned only from the date of application.

If a different direction for spending maternity capital funds is chosen, it is necessary to submit documents confirming the right to such targeted spending. For example, if you plan to spend money on the education of a child (children), an agreement with an educational institution is required.