Mat capital use up to 3 years. Use of maternity capital for the purchase of housing. The managing partner of "Metrium Group" Maria Litinetskaya answers

With the advent of the second and subsequent children, families acquire the right to receive in the Pension Fund (PFR) maternity capital certificate, and with it the opportunity to direct its funds in one or more of the envisaged areas: to, purchase goods for or.

According to statistics, over the entire duration of the program, about 95% of citizens who have already managed to apply to the FIU with an application for the use of maternity capital, wish to direct its funds specifically to improve living conditions.

At the same time, the law establishes that the maternity certificate can be used in 6 housing areas, including to buy a home or its construction (reconstruction). Namely:

When choosing the second and third ways to spend MC funds from the list above, there is no need to wait until the youngest child.

Also, parents who have the right to maternity capital have the right delay obtaining a certificate for an unlimited period. For example, you can pay when he grows up, or after he becomes an adult.

What kind of real estate can be bought with maternity capital?

Family capital funds are possible if it meets the following requirements:

  • the property to be purchased is located on the territory of the Russian Federation;
  • acquired separate living space, and not a share in the ownership right (a share can only be acquired if it itself represents a dwelling -);
  • transaction form not against the law;
  • should contain information about goals for which PFR funds are allocated, indicating amount required.

The Housing Code of the Russian Federation recognizes as residential an isolated, suitable for permanent residence, meeting sanitary and technical standards, premises. These include: (and part of it), or part of the apartment, as well.

Conditions for buying a home with maternity capital in 2018

Residential premises can be acquired in the ownership of citizens in 2 cases:

  • transfer of ownership from the seller to the buyer (usually when buying secondary housing, but it also happens in the primary market when the developer himself or the investor in the construction of a new building acts as the owner);
  • its occurrence(if ownership of a new residential facility is registered on the basis of an agreement on participation in shared construction or when joining a housing cooperative).

The legislation provides that a family, depending on how much time has passed since the birth (adoption) of a second or subsequent children, can purchase a dwelling using a maternity capital certificate:

  1. For the purchase of housing only as a down payment mortgage or to pay principal and interest on a targeted loan or loan- at any time, including .
  2. For any illegal transactions for registration of real estate - only after reaching the age of 3 years.

At the same time, in any case, the acquired residential premises must be registered in common shared ownership for all family members - parents (spouses) and all children.

Under a sales contract

The general conditions for the purchase of housing under a sale and purchase agreement using family capital are described in clauses 8 and 8.1 of Decree No. 862 of December 12, 2007.

You can only pay for part of the housing or its full cost with the help of a certificate without applying for a loan or a loan. after the child is 3 years old! In this case, both a simple contract of sale and an agreement with installment payment can be drawn up.

"Simple" contract can be concluded:

  1. If the amount of the certificate's savings covers the cost of the purchased housing in full (for example, in the case of a purchase, or in a rural area).
  2. Or if the purchase occurs without the use of borrowed funds, i.e. only at the expense of maternity capital and personal savings of the certificate holder.

In both cases, the seller will be able to receive the full redemption value only after two months after the transaction is approved by the FIU.

Thus, the “simple contract” provides for a deferred payment, and takes the form of a standard sale and purchase agreement, which contains a condition on deferred payment and a clause on full or partial payment of the cost of housing under the maternity certificate.

In the text of the agreement should indicate:

  • that the payment will be made using the savings of mother's capital, by transferring funds from the PFR account to the settlement account indicated by the seller;
  • if the amount of the savings of the certificate is less than the cost of the purchased housing, indicate what part is paid from the savings of the buyer;
  • the deadline for the buyer to submit documents for the disposal of family capital.

Purchase with installment payment under maternity capital

The direction of family capital funds in installment payment is also possible only when the child reaches the age of 3.

An installment agreement differs from a deferred payment agreement in that installment is issued for a period of more than 2 months. As a rule, such transactions are offered by the developer when purchasing housing in the primary real estate market.

Installment provided Thus:

  • buyer pays at the same time the first installment upon signing the contract;
  • the remaining amount is divided by the period agreed by the parties and paid to the seller annuity(identical) payments in accordance with the schedule.

Installments are provided directly home seller not a credit institution! However, at the same time for the period of full repayment of payment. But since this is not an agreement with a bank, the transfer of funds is not possible until the child reaches 3 years of age.

According to the provisions of the Federal Law "On Pledge of Real Estate", under the concept of " mortgage” means an agreement, one party of which is the pledger (buyer of housing), and the other pledgee (seller) is a creditor under an obligation secured by a mortgage, having a priority right over other creditors of the pledger to satisfy his monetary claims from the value of the pledged real estate pledged by the pledger.

Thus, a mortgage is only form of collateral where the acquired property is encumbered with the rights of the mortgagee. In the general case, it is secured not only by obligations arising from a credit or loan agreement, but also by other obligations - for example, based on the sale (including with an installment plan), rent, contract and other agreements.

Under a loan agreement or loan agreement

In the case when the amount of the certificate and personal savings from the parents is not enough for a one-time purchase of a dwelling, a way out of the situation is also to issue a loan or a loan.

To implement the possibility of spending maternity capital funds to pay the principal or interest on a loan, it is necessary that the loan be not consumer, but the target, i.e. The loan agreement must clearly state for what purpose it is necessary to spend borrowed funds - buying a home, or.

Thus, in the case of a housing loan agreement, funds can only be directed to.

  • If one of the important conditions for concluding such an agreement is the contribution, which can also be used as family capital funds.
  • In addition, matkapital can be spent on housing loan obligations.

In both of these cases, the means of the certificate can be used immediately after receiving it.

Mortgage agreement when buying with mother capital

As mentioned earlier, in itself, a mortgage in general does not always provide for some kind of credit or loan and can simply act as security for obligations - both under an installment payment agreement and under any other agreement.

  • When concluding a mortgage lending agreement, the law provides for a pledge precisely acquired real estate, and not any other, as is possible with a housing loan secured by existing property.
  • Another difference between mortgage lending is the fact that before the fulfillment of obligations by the actual owner of the acquired property is a bank.

Under a share agreement in a new building

One of the most popular ways to improve living conditions among recipients of maternity capital is to invest its funds in share building. At the same time, the owner of the certificate at the time of the conclusion of the equity participation agreement (DDU) must have the amount necessary to pay the cost of the agreement, with the exception of funds provided by the Pension Fund.

Since the list of documents accepted by the PFR along with the application as the basis for the payment of family capital funds includes such an agreement, the owner of the certificate or his spouse can send funds to repayment of obligations under a shared construction agreement when several conditions are met:

  • the construction site is ready for 70 percent or more;
  • The developer's charter provides for the use of family capital funds.

The right of citizens to invest their savings in housing under construction is established by the provisions of Federal Law No. 214-FZ of December 30, 2004 "On Participation in Shared Construction of Apartment Buildings and Other Real Estate".

Herself procedure will take place in the following way:

  • selection and booking of a dwelling (with the notification of the seller that part of the cost will be repaid at the expense of family capital);
  • preparation of an equity participation agreement, indicating payment by installments, tk. PFR funds will be transferred no earlier than in 2 months;
  • registration of the DDU signed by the parties in Rosreestr;
  • payment obligations under DDU occurs V several stages:
    • depositing the buyer's personal savings to the developer's account;
    • submission of an application for the disposal of mother capital, with a package of necessary documents attached;
    • after the approval of the PFR, the funds will be transferred to the developer's settlement account specified in the application within 2 months.

A complete list of documents required to confirm to the FIU the fact of the applicant's participation in shared construction is indicated in clause 9 of Resolution No. 862.

  • Allocate mother's capital funds to pay the cost construction in progress purchased from another equity holder is impossible (despite the fact that all rights and obligations are transferred to the buyer).
  • The legislation establishes that such a transaction is possible by concluding contract of assignment of the right to claim, and there is no such agreement in the list of mandatory documents of the PFR. The only solution to the problem will be the simultaneous termination of the old and the conclusion of a new DDU.

Use of maternity capital for the purchase of housing up to 3 years

Most parents with 2 or more children are concerned about using a certificate for improving housing conditions (waiting for the promised 3 years is a dubious prospect in many practical situations).

Despite the fact that the amount of savings of the parent certificate (- 453 thousand rubles) is clearly not enough to pay the full cost of housing, young families experiencing temporary financial difficulties and at the same time an urgent need to expand their living conditions, grab the opportunity to send it to purchase real estate, without waiting for the child’s three years old, like drowning in a lifeline, and often even without trying to get into all the nuances.

Since funds were allowed to be used until the child is 3 years old in 2015 for the down payment on mortgages, many citizens have come to believe that there is no age limit when it comes to buying property. But actually it is not!

To date, the law allows the accumulation of family capital provided by the state as assistance to families with children up to the child's 3rd birthday to improve housing conditions only in 2 cases, which are directly related to the design debt obligations:

  1. As when applying for a loan or a loan for the purchase of housing (including under a contract of equity participation in construction);
  2. or interest on loan obligations for the purchase of housing, even if they arose before the birth of a child (including under the DDU).

In this case, the mother's capital can be used to repay any targeted loan(i.e. not only a mortgage) for the purchase, or residential premises. However, if the housing was purchased with funds consumer credit, the FIU will not reimburse the debtor's obligations by means of mat. capital without a corresponding court decision.

In judicial practice, there are examples of court decisions in favor of citizens, obliging the PFR to transfer the savings of the certificate towards the payment of obligations on consumer loans that were spent on the purchase of housing.

However, the best option is the original - it is to improve living conditions. It is faster and more reliable than wasting time and nerves on litigation.

Buying a home from relatives on mat capital

Currently, all transactions involving maternity capital funds made between relatives are carefully checked by the FIU, which is doing its best to prevent attempts. Since such schemes have become very popular recently, the authorities The Department of Economic Crimes and the Ministry of Internal Affairs also check the history of purchased housing and his future fate (mainly this concerns the observance of the interests of minor family members).

In general, a contract for the sale of residential premises, concluded between relatives, is no different from a similar transaction, the parties to which are citizens who are not related by kinship.

However, the FIU recognizes a transaction between relatives using maternity capital, subject to certain conditions:

  • deal shouldn't be fake, i.e. concluded for the purpose of cashing out the funds of the certificate without changing the procedure for using residential property;
  • a deal can be made with any relative, other than your legal spouse;
  • the transaction to acquire a share in the premises will be approved by the FIU if it results in complete abandonment of relatives from owning shares.

In case of establishment fact of fraud, the contract of sale is declared invalid, and the perpetrators will be brought to justice criminal liability.

Contacting the FIU for advice (not only at the territorial office, but also on the official website of the Pension Fund) before concluding a contract for the sale of a property, indicating all the nuances of the proposed transaction, can help avoid problems in the event that the PFR refuses to transfer the accumulation of maternity capital, and will also significantly save time.

Conclusion

  1. The direction of family capital accumulation for the purchase of housing is the most popular way to use it.
  2. If the housing is purchased using (including secured ), the funds of the certificate are available after receiving it. In other cases, it will be necessary to wait for the child's 3rd birthday.
  3. A mortgage does not always imply a loan, and as a result, the possibility of using certificate funds. Mortgages are just pledge of real estate, which may be secured by obligations under credit, loan or other obligations, including those based on the sale, purchase, lease, contract and other agreement.
  4. Transactions, the purpose of which is to cash out the funds of the certificate, are treated as fraud and the perpetrators are subject to criminal penalties.
  5. A deal on the purchase of housing using maternity capital funds can be concluded with any relative, except for your spouse.

Many people are still wondering if it is possible to rent in 2018 25 thousand rubles from maternity capital. A definite answer - No. Since 2017, they have not been provided from mother capital.

  • A new direction for spending funds has been added - monthly deductions from capital upon the birth of a second child after January 1, 2018 (the right is established by federal law No. 418-FZ of December 28, 2017 on monthly payments).
  • Now you can pay with MSC funds immediately after issuing a certificate, more no need to wait three years after the appearance of the second (next) child.

Certificate amount

As noted above, the amount of the MSC certificate is 453026 rubles. The amount of capital does not change from January 1, 2015, the next indexation will take place only in 2020, after which the amount of capital will increase to 470241 rubles(according to the draft characteristics of the PFR budget for 2019 and the planning period 2020-2021).

The decision to freeze mother's capital was justified by the unstable economic situation in the country. Until 2016, indexation was carried out every year by the amount of the projected inflation rate. As a result, the amount of the certificate established in 2007 (250,000 rubles) increased by more than 80%.

Annual indexation will resume from January 1, 2020. According to the forecast of the Ministry of Economic Development, in 2020 and 2021 inflation will amount to 3,8% And 4% respectively. Since these values ​​are noticeably lower than in previous years, the size of the MSC will increase by smaller amounts.

What can you spend maternity capital on in 2018?

Recipients of a certificate for maternity capital can spend its funds in the following areas:

  1. Improvement of living conditions:
    • or (with or without a mortgage agreement) the purchase of a room is also allowed;
    • or .
  2. Children's education:
    • receiving paid educational services for educational programs;
    • payment for a kindergarten and a nursery, as well as other services for the maintenance, supervision and care of children;
    • payment for a hostel during the period of study of the child at a university or other educational organization.
  3. Formation mother's funded pension.
  4. Get reimbursed for purchases goods for the social adaptation of a disabled child.
  5. Monthly payments for 2 children.

According to the law on maternity capital, you can apply to the Pension Fund with an application for disposal 3 years after the birth of a child in the family, which gives the right to issue a certificate. However, to use the MSC in some areas, it is not necessary to wait 3 years, among them:

  • Repayment of obligations under credits or loans to buy or build a home. Matkapital can be used to pay the first installment, as well as repay the principal and interest on a loan or loan (including a mortgage).
  • Payment for preschool education of children.
  • Monthly payments families in which, starting from January 1, 2018, a second child was born.
  • Purchase of goods for social adaptation in the society of children with disabilities. Funds are provided as compensation for goods and services already paid for (their list was approved by Government Decree No. 831-r of April 30, 2016).

Will there be a one-time payment of 25,000 rubles?

In 2017 and 2018, the possibility of providing lump sum payments from maternity capital even not considered. One-time payments were introduced to support families during the crisis period, which (as officials have repeatedly stated) is considered to be completed in 2016. After that, the Government no longer adopted anti-crisis plans.

The opportunity to receive in cash part of the mother's capital was provided to certificate holders 4 times:

  • in 2009 and 2010 - 12 thousand rubles each;
  • in 2015 - 20 thousand rubles;
  • in 2016 - 25 thousand rubles.

This measure of social support was popular with citizens, since the funds received could be used at their own discretion, not only for targeted areas. It was not necessary to provide any reporting on the expenditure of payments. Many parents used this money to collect their children for school.

A conditional alternative to one-time payments can be considered in the amount of the children's subsistence minimum. So far, this is the only way to get "live money" from a certificate for mother capital. A prerequisite for obtaining social support is that the monthly average per capita income of a family should not exceed the subsistence minimum for the able-bodied population in a particular region.

Last changes

Over the past year, several changes have been added to the maternity capital program:

  • A new direction for the use of capital has appeared - monthly payments for the second child born after January 1, 2018 (inclusive). This measure of social support does not apply to adopted children. Payments in the amount of the child's living wage are provided to parents until the child reaches 1.5 years.
  • To pay for the maintenance of children in kindergarten or nursery more no need to wait three years after the birth (adoption) of a child, giving the right to issue an MSC (clause 6.1, article 7 of federal law No. 256-FZ of December 29, 2006)
  • Was Simplified application procedure for the purchase of specific goods and services in the individual rehabilitation and habilitation program (IPRA) for children with disabilities. Now it is enough to provide a medical certificate, there is no need to undergo a second medical and social examination (according to the Decree of the Government of the Russian Federation of January 24, 2018 No. 60).
  • Amendments were made to the federal law on materkapital dated December 05, 2017 No. 372-FZ, thanks to which single fathers and adoptive parents from Crimea and Sevastopol (if the mother of the child died between 01/01/2007 and 03/18/2014) will be able to realize their right to capital.

Also for families with from January 1, 2018 the second and (or) subsequent child was born, it became possible to issue preferential mortgage at a rate of 6% per annum or even lower (at the discretion of the bank). Although this innovation is not directly related to the MSC program, it is a significant support for families with children.

Maternity capital in 2019

In 2019, the amount of maternity capital will remain the same - 453026 rubles, no new uses will be added.

However, there will still be some changes:

  • In the autumn of 2018, draft law No. 517377-7 will be considered, according to which the deadline for making a decision on an application for the issuance of materiel reduced from 1 month to 15 days.
  • Starting January 1, 2019, maternity capital funds can be legally used to build a house on garden land(summer cottage), provided that such housing is not a garden house or outbuilding. The relevant law No. 217-FZ of July 29, 2017 will come into force on January 1, 2019.

Maternity capital can pay off the mortgage debt before the child is three years old. It is only necessary to convince the Pension Fund of the targeted spending of money borrowed from the bank. To do this, the parent needs to provide an agreement with the bank, documents for the purchased housing and some other papers. For an attempt to deceive the state, you can be imprisoned for 10 years and pay a fine of up to 1,000,000 rubles.

As a general rule, parents only 3 years after the birth of the child. However, there are exceptions to this rule as well. Knowing about them, the family will be able to solve some pressing problems without waiting for a 3-year period.

Options for early use of the "mother's" payment

The use of maternity capital funds up to 3 years after the birth of a child was introduced shortly after the program began to operate. Legislators made concessions, realizing that sometimes a three-year wait for a federal payment is a heavy burden for parents. Families have been allowed to dispose of maternity capital ahead of schedule since 2009, allowing them to pay mortgage loans immediately after the birth of the baby.

In the future, the list of special cases in which the allocated funds can be spent ahead of time was expanded. Parents have the right to use maternity capital until the baby is 3 years old for the following needs:

  • to pay interest and the principal mortgage debt, if the family has taken out a loan for the construction or purchase of housing;
  • for the purchase of auxiliary, adaptive means for a disabled child;
  • for the services of specialists who help a child with a disability adapt to society.

Mortgage down payment

Improving housing conditions is one of the areas for which citizens have the right to spend state capital. Solving this problem, parents often have to take housing on a mortgage. Banks, breaking up a loan for many years, require its part to be repaid immediately. As a rule, it is from 10 to 30% of the total amount. A young family often does not have such a solid amount available, and then maternity capital will be of great help to her.

Attention! Banks do not always agree to issue loans, knowing that they will be partially covered by mother capital. This is due, in particular, to the fact that the transfer of money by the Pension Fund takes quite a long time - about 2 months after the conclusion of the contract. Banks sometimes do not have loan programs that allow you to accept the first installment with maternity capital.

Mortgage repayment

Experts say that this is the most popular option for spending mother's capital - 95% of families partially or completely repay their mortgage.

Taking a property in a mortgage, the parent will receive it in the property. However, in the documentation of Rosreestr, a note will be made that housing is given to him under a bank pledge. To remove the burden, the borrower must completely close the loan. Before that, he will not be able to dispose of the house or apartment at his own discretion.

The loan for the apartment is repaid by the mother's payment as follows:

  • having chosen a bank, the parent submits an application, attaches the necessary documents;
  • the application is considered 2-7 days;
  • in case of a positive answer, the search for suitable housing begins;
  • documents for an apartment (room, house) are submitted to the bank;
  • a loan agreement is concluded with the parent;
  • the bank issues money;
  • a real estate sale transaction is registered, after which the parent settles with the seller;
  • the owner of family capital applies to the Pension Fund with an application for the disposal of allocated funds, attaching banking and housing documents to it;
  • The PF considers the application within 30 days, and if officials see no violations, then the amount of maternity capital indicated by the parent is transferred to the bank.

With a positive decision of the pension authority, the money is received by the financial institution within 2 months after the parent submits an application to the Pension Fund. When part of the mortgage loan is repaid, the bank draws up a new payment schedule for the borrower.

The law prohibits spending maternity capital:

  • for the payment of bank fines arising from the delay in loan contributions;
  • on the stumps that were formed for the same reason.

Important! Banks do not have the right to refuse a parent to repay an already taken mortgage loan with maternity capital. Such a refusal must be challenged in court.

Often, banks offer customers higher mortgage rates when they find out that they are going to close part of the debt with maternity capital.

The disadvantages of paying off a mortgage using this payment are described in the video:

Construction of a house at the expense of credit funds

Family capital can be used ahead of schedule for the construction of a house, if a loan has been issued for this purpose. The pension fund will cover it (in part or in full) with a “mother's” payment if the certificate holder proves documentarily that the money borrowed from the bank was spent on the construction of housing. This right has been available to family citizens since the beginning of 2016.

The house can be built by the family itself or by hired builders.

Target housing loan

Parents do not have to borrow money for housing from the bank. Matkapital can be used to pay off debts to other organizations lending funds legally: pawnshops, credit consumer cooperatives, etc.

With regard to credit consumer cooperatives, one reservation was made: they must undergo state registration 3 years (at least) before they lend money to a parent.

However, taking targeted loans in such organizations is less profitable than in banks, since they are issued at high interest rates.

Lump sum payment

Part of the family capital last year could be obtained with "live" money. In 2015, parents could.

A bill on such a one-time payment in 2017 is also being considered by the Government and deputies. There was even a proposal from the LDPR faction to increase its size to 50,000 rubles. However, so far the law on the one-time cashing out of mother's capital this year has not been adopted by legislators.

Documents required for the transfer of mother capital

To receive "mother's" money, without waiting for a 3-year period, a citizen must apply to the Pension Fund. There, in addition to a passport and a certificate for family capital, he presents:

  • target loan / credit agreement concluded with a bank or other financial organization (copy, but have the original with you);
  • the mortgage agreement that went through (copy with the original);
  • a certificate provided by a bank (or other organization), which indicates the cash balance that the borrower is obliged to return to the lender;
  • a written obligation of the certificate holder that within six months after the housing becomes his property, he will re-register it for all members of his family (each of them will receive his share);
  • certificate / extract from Rosreestr confirming that he owns a house or residential premises - in case a “secondary” apartment was purchased for a loan, or a new apartment that has already been put into operation (copy with the original).

If the money was borrowed for still unfinished housing, then, instead of a certificate (extract) of ownership of the object, the citizen provides other documents to the Pension Fund.

These documents are attached to the application of the parent, in which he asks to dispose of his family capital in a certain way.

. This document is current as of August 2017.

The Pension Fund should receive a receipt that the application and documents were accepted, indicating the date of this event. Officials make a positive or negative decision within 30 days.

What you can not spend maternity capital up to 3 years

Until the child reaches the age of three, the law seriously limits the mother (or father) of the baby in the disposal of maternity capital. It cannot be directed:

  • on the education of one of the children brought up in the family;
  • for the purchase, construction or reconstruction of housing directly (without the involvement of a bank or other financial institutions);

Also, the Pension Fund will not transfer money to pay for a consumer loan, even if it was spent on solving the family's housing problems. The loan (loan) must be targeted, that is, the agreement with the financial institution must state that the loan is used for the purchase/construction/reconstruction of a dwelling or house.

The law does not allow parents to use maternity capital if the loan was issued by a microfinance organization. This restriction was introduced in March 2015.

Responsibility for the illegal use of mother capital

Despite numerous criminal proceedings involving fraudulent parents and their accomplices, abuse of maternity capital continues to this day. Although the main illegal schemes are well known to law enforcement agencies:

  • the certificate received from the state is sold to another person - at face value or cheaper;
  • deliberately unreliable papers, information are provided to the Pension Fund;
  • older, cheaper housing is purchased than indicated in the documents;
  • non-existent real estate is purchased from an imaginary seller (according to fictitious documentation);
  • housing with the involvement of mother capital is bought from close relatives who continue to live in "their" apartment, returning part of the funds in cash.

In addition, there are many offers on the Internet to cash out the payment through intermediary firms. These schemes are not only risky for greedy parents, who may be left without housing and money, but also completely illegal. Possible machinations with maternity capital are described in the information video:

If a civil court recognizes a transaction involving maternity capital as sham, then it will be terminated, and the federal payment will be returned to the state. In the case when the recipient has already managed to dispose of it, he will have to return the money from his own funds. In this case, the bank commission for the money transfer will be added to the amount transferred to the scammers.

In relation to enterprising businessmen, a criminal case is often initiated under Art. 159.2 of the Criminal Code - for fraud in receiving payments. This special composition of the criminal act has been introduced since the end of 2012. Since then, for such frauds, you can be imprisoned for as long as 10 years and pay a fine of up to 1 million rubles.

Table 2. Maximum criminal penalties for fraud with maternity capital.

Act Maximum Punishment
Family benefit fraud (illegal receipt or spending, intentional misrepresentation, etc.) committed by parents alone. - a fine of 120,000 rubles;

– Compulsory work – up to 360 hours;

- forced labor - up to two years;

- correctional labor - up to a year;

- arrest - up to 4 months.

The same actions committed by a preliminary criminal conspiracy of persons. - a fine of 300,000 rubles;

- 4 years in prison.

The same actions committed on a large scale or using the official status of a participant in a crime. - a fine of 500,000 rubles;

– 6 years in prison.

The same actions committed by an organized group. - a fine of 1,000,000 rubles;

- 10 years in prison.

Higher education. Orenburg State University (specialization: economics and management at heavy engineering enterprises).
August 18, 2017 .

How many times in a lifetime can you get a mother's certificate?

By law, a certificate for maternity capital is issued only once.

How soon after the birth of a child do I need to go to the Pension Fund to issue a certificate?

The period when you can apply to the Pension Fund with an application for the issuance of a state certificate for maternity (family) capital after the birth of a second (third and subsequent) child is not limited. It is not necessary to rush to do this immediately after leaving the hospital with the child. An application for the disposal of maternity capital funds can be submitted at any time after two years and six months from the date of birth of the child, with the exception of the case when MSC funds are used to pay off housing loans.

Is it possible to spend maternity capital funds on the education of the first (eldest), and not the second child?
- Maternity capital is provided not to a specific child, but to parents as additional measures of state support for families with children. Therefore, how to spend these funds is up to the whole family. And as the same law interprets, the funds or part of the maternity capital funds can be directed to education both by a native child and adopted, including the first, second, third and subsequent children.

Is maternity capital required if the second child is adopted?

Yes, when determining the right to receive maternity capital, adopted children are equated to relatives. That is, according to Article 3 of Federal Law No. 256, women who gave birth or adopted a second child starting from January 1, 2007, women who gave birth to or adopted a third child or subsequent children starting from January 1, 2007 have the right to additional state support measures if they have not previously exercised the right to receive a certificate.

If twins or triplets are born in a family, does the MSC size double or triple?

The recipient of maternity capital is not a child, but an adult, usually a mother. And from the point of view of obtaining maternal (family) capital, it does not matter which of the twins or triplets will be declared the “second” child. A family can equally spend maternity capital funds, for example, on the education of each of them. At the same time, the amount of maternity capital does not double or triple.

Can maternity capital funds be used for several purposes at once? For example, part of it should be directed to the education of the child, and part - to the formation of the mother's funded pension?

Yes, according to the law, maternity capital funds can be distributed simultaneously in several directions.

Is it possible to “cash out” a maternity capital certificate, that is, to get “real money” for it somewhere?

No, you cannot receive cash on the certificate. You can use the funds of maternity (family) capital for three specific purposes: to improve housing conditions (acquisition, construction of a dwelling, payment of a down payment, repayment of the principal debt when obtaining a loan, including a mortgage, for the purchase or construction of housing); for the education of children in any educational institution on the territory of the Russian Federation that have the right to provide paid educational services; for the formation of the funded part of the labor pension of the mother, who is the owner of the certificate.

Who is eligible for additional government support measures?

Persons eligible for additional measures of state support:

a woman with Russian citizenship who has given birth (adopted) a second or subsequent children since January 1, 2007;
a man with Russian citizenship, who is the sole adopter of the second or subsequent children, if the court decision on adoption entered into force on January 1, 2007;
the father (adoptive parent) of the child, regardless of the citizenship of the Russian Federation, in the event of termination of the right to additional measures of state support for a woman who has given birth (adopted) children, due, for example, to death, deprivation of parental rights in relation to the child, in connection with the birth (adoption) of which arose the right to additional measures of state support, the commission of an intentional crime against a child (children) and other reasons established by the Federal Law of December 29, 2006. No. 256-FZ;
a minor child (children in equal shares) or a full-time student who has not reached the age of 23, upon termination of the right to additional measures of state support for the father (adoptive parent) or the woman who is the only parent (adoptive parent) in cases established by the Federal Law .


- Our mother sold her house and land in the village of Troitskoye. We want to add maternity capital to those cash and buy an apartment for cash in Elista. Is such an option possible?

You can buy an apartment using maternity capital funds when a child reaches three years of age, in connection with whose birth you received a state certificate for maternity (family) capital. In accordance with the current legislation, maternity capital funds are sent by non-cash transfer to a legal entity or individual selling an apartment.

However, a clause must be introduced in the contract of sale, which will stipulate the order in which the funds for the purchase of an apartment, including maternity capital funds, will be transferred. That is, the timing of the transfer of funds and their exact amount should be indicated, which they will help you calculate in the territorial Office of the PFR. In addition, the bank details and the seller's account must be indicated in the contract.

We are going to take out a loan to buy an apartment. Can maternity capital funds be used to pay the down payment on this loan?

Yes, you can. You can send maternity capital funds to pay the down payment on a housing loan or loan immediately after the birth (adoption) of a second or subsequent child.

Is it possible to purchase building materials with maternity capital funds?

The use of maternity capital funds for the purchase of building materials is not provided. However, with the help of maternity family capital, you can pay for the services of a contractor with which you have a construction contract.

To do this, the territorial body of the PFR must provide:

a copy of the building permit;
a copy of the building contract;
a written obligation of the person (persons) for whom the construction permit is issued, certified in accordance with the procedure established by the legislation of the Russian Federation (notarized), within 6 months after the commissioning of the facility, to register the residential premises in the common ownership of all family members;
original or duplicate of the certificate;
passport.

Have you heard that the funds of the parent capital can be spent on the purchase of a domestic car? When will this opportunity be available?

To date, in accordance with paragraph 3 of article 7 of the Federal Law of December 29, 2006. “On additional measures of state support for families with children”, it is possible to dispose of the funds (part of the funds) of the maternity (family) capital only in 3 directions:

To improve living conditions.
For the education of the child (children).
Formation of a funded pension for women.

For the purchase of goods and services for social adaptation and integration into society of children with disabilities, by compensating the costs of acquiring such goods and services.
The direction of funds (part of the funds) of maternity (family) capital for the purchase of a car is not provided for by law.

Can maternity capital funds be used for a child's operation?

So far, this possibility is not provided by law. At the moment, maternity capital funds can be used in 4 areas: for education, the purchase of housing, the purchase of goods and services for social adaptation and integration into society of children with disabilities, as well as put on account of a future pension.

Is it possible to change the direction of the disposal of maternity capital funds after writing the application? For example, the application states that the funds are used to improve living conditions, but it is more important to pay for the child's education at the institute.

Yes, this can be done by canceling the first application and submitting a new application to the territorial body of the Pension Fund. However, such application must be made within the same period as the application for disposal.

An ultrasound showed that I was expecting twins. These are my firstborns. Am I eligible for maternity capital?

Yes, you have. After the birth of children, it is necessary to apply to the Pension Fund for a state certificate for maternity family capital (MSK). But keep in mind that you can use the right to receive it only once.

She gave birth to a child a year ago, but did not apply to the Pension Fund to issue a certificate for the ISS? Will my money "burn out"?

The period when you can apply to the Pension Fund with an application for the issuance of a state certificate for maternity (family) capital after the birth of a second (third and subsequent) child is not limited. An application for the disposal of maternity capital funds can be submitted at any time after two years and six months from the date of birth of the child, with the exception of the case when MSC funds are used to pay off housing loans.

Our large family would do well to have a car, since using public transport is very expensive. Is it possible to borrow a car for a family using maternity capital?

Unfortunately, the law does not provide for such a possibility.

What is meant by home improvement? Is it possible to use maternity capital for water supply and gas?

Housing improvement refers only to the acquisition or construction of housing. In this regard, despite the fact that gasification of the house and the installation of water supply, of course, improve the living conditions of the family, the federal law does not allow the use of maternity capital funds for these purposes.

Do I need to pay tax on maternity capital?

No. Maternity capital is exempt from personal income tax.

I am mother of two children. She received a certificate for maternity (family) capital in 2008. Will the application of federal law No. 256 continue to apply to legal relations arising in connection with the birth of a child after December 31, 2016? What is the time frame for me to dispose of the funds of the MSC according to the certificate issued to me in 2008?

In accordance with federal law No. 256-FZ of December 29, 2006, the right to additional measures of state support in the form of MSC arises in connection with the birth (adoption) of a child (children) in the period from January 1, 2007 to December 31, 2021.

At the same time, the term for the disposal of funds (part of the funds) of the MSC is not limited by the current legislation.

In what cases can they refuse to issue a certificate for maternity capital?

Main reasons for failures:

1. The child or woman does not have the citizenship of the Russian Federation.

2. The woman who applied for the certificate:
- is deprived of parental rights in relation to a child, in connection with the birth of which the right to additional measures of state support arose;
- has committed an intentional crime related to crimes against the person in relation to her child (children);
- in her respect there is a cancellation of the adoption of a child, in connection with the adoption of which the right to additional measures of state support arose.

3. The applicant provided false information about the order or date of birth of the children. The decision to refuse to issue a certificate can be appealed to a higher authority of the Pension Fund of the Russian Federation or in court.

I am the owner of the maternity capital certificate. This year, the eldest son entered the institute, but did not go to the budget department. Can our family pay for his education with maternity capital? And what if in the future he wants to change the university?

Maternity capital is issued not to a specific child, but to a family. Thus, it can be used to pay for the education of an older child in a higher or secondary educational institution; schoolchild - in a private school or pay for the maintenance of a preschooler in a kindergarten. Families have different needs. But one condition remains unchanged - the educational institution must be located in Russia and have state accreditation for the provision of educational services. It is important that the capital can pay for both the education itself and the costs of paying for the child's accommodation in a hostel. The law allows you to do this, limiting only the age - at the date of commencement of training, it should not exceed 25 years.

What documents will be required for this?

a written statement on the disposal of funds (part of the funds) of maternity capital;
certificate for maternity capital or its duplicate;
identity documents, place of residence (stay) of the owner of the certificate;
birth certificates of children;
a copy of the contract for the provision of paid educational services certified by the educational institution, which specifies the procedure for paying for tuition at the educational institution;
If the capital funds will be used to pay for accommodation in a hostel, then you will need:

a tenancy agreement for housing in a dormitory (indicating the amount and terms for paying the fee);
a certificate from an educational institution confirming the fact that the child lives in a hostel.
What to do if suddenly the child wants to change the institution? Maternity capital funds (or part of them) are transferred in non-cash form to the account of the university. The contract with the educational institution specifies the payment schedule - payment is made once a semester or once a year. If the educational institution changes, the owner of the certificate will again conclude an agreement with the new university and transfer funds to the account of the new institution.

It should be remembered that you can dispose of the funds when the child who brought maternity capital to the family turns 3 years old. Also, MSC funds can be fully directed to the education of one child, or divided into parts (for different children), or partly to pay for studies, and partly directed to improving living conditions or the mother's pension.

I heard on TV that maternity capital will be canceled soon. I didn't even get to use it. My second child was born in 2009...

The information that appeared in a number of federal media that it is necessary to manage to use maternity capital before 2016 is not true.

To obtain the right to maternity capital, it is really necessary that the child who gives the right to the certificate be born before December 31, 2021. However, the very receipt of the certificate and the disposal of its funds are not limited by time.

Thus, families entitled to maternity capital should not rush to dispose of it, especially considering that the amount of maternity capital is indexed annually. If in 2007 its size was 250 thousand rubles, then in 2018 it was already almost 453 thousand rubles.

Recall that it is possible to dispose of the funds (part of the funds) of the maternity (family) capital no earlier than three years after the birth (adoption) of the second, third and subsequent children.

An exception is the use of maternity (family) capital funds to pay the down payment on a housing loan or loan or repay the principal debt and pay interest on loans or loans, including mortgages, for the purchase (construction) of housing. In this case, maternity capital funds can be used without waiting for the second child to reach the age of three, and regardless of the date of conclusion of the loan agreement.

The funds of maternity (family) capital can be disposed of in full or in parts in the following areas:

Improvement of living conditions:
Funds (part of the funds) of maternity (family) capital may be directed to the acquisition (construction) of residential premises. Including:

acquisition of a dwelling or an individual residential building;
construction of a residential building with the involvement of a construction organization;
construction or reconstruction of an individual dwelling without the involvement of a contractor;
compensation of expenses for the construction or reconstruction of an individual housing construction object;
payment of a down payment upon receipt of a loan or loan, including a mortgage, for the purchase or construction of housing;
repayment of the principal debt and payment of interest on loans or loans, including mortgages, for the purchase or construction of housing;
payment for participation in shared construction;
payment of an entrance fee as a member of housing, housing construction, housing savings cooperatives.
Condition: the acquired residential premises must be located on the territory of the Russian Federation.

Child's education:
Funds (part of the funds) of maternity (family) capital can be directed to the education of a child (children) in any educational institution on the territory of the Russian Federation that has state accreditation, as well as to the maintenance of a child (children) in a kindergarten (any educational institution that implements the main general education program of preschool education or basic educational programs of primary general, basic general and secondary (complete) general education). Funds can be used to educate any of the children in the family when the need for education arises. At the same time, the age of the child at the date of commencement of education should not exceed 25 years.

Formation of a funded pension for women:
Funds (part of the funds) of maternity (family) capital can be directed to the formation of a woman's funded pension by submitting an application to the territorial body of the Pension Fund. It is also possible to send funds (part of the funds) of maternity (family) capital for a funded pension to a non-state pension fund (private management company).


- It seems to me that PFR employees are somewhat meticulous about accepting documents for the use of maternity (family) capital.

Representatives of the territorial bodies of the PFR make a decision on the application for the disposal of MSC funds only in accordance with the norms of federal law No. 256-ФЗ “On additional measures of state support for families with children”.

If specialists see some deviation in the list of documents, or, say, a discrepancy between the dates of signing the sale and purchase agreement and the date of registration of the mortgage loan, or the loan is inappropriate, this gives the employee of the PFR Department the right to refuse the order.

It must be understood that the specialist accepting the documents takes responsibility for a positive or negative decision. If all documents are submitted, then this package is checked at least twice by specialists in the PFR Department, and in some cases also here, in the regional Branch. If the application is satisfied, it is about the use of federal budget funds. Therefore, it is necessary to thoroughly study all the documents, and the decision made by the territorial body of the PFR should always be based on the current federal legislation.

The funds under the certificate can be used upon reaching the age of 3 by a child whose birth gave the family the right to maternity capital. Without waiting for the child's third birthday, you can use funds to pay off debt on a loan for the purchase or construction of housing. We add that with the help of a certificate, a family can buy an apartment or an individual residential building, exchange existing housing for a large area; build an individual residential building with the involvement of a construction organization or on their own; improve living conditions by participating in shared construction, participation in a housing cooperative; send them to repay housing loans, including mortgages (to pay the down payment and the principal and interest for using the loan).

However, it must be remembered that housing purchased using maternity capital must necessarily be registered in the common ownership of parents and children with the determination of shares by agreement.

I wanted to ask: if we bought a house using funds from maternity capital, is it possible to sell the house?

If you have drawn up a notarial obligation to register housing in common ownership for all family members, then you must fulfill it. Further actions to dispose of this property are possible only with the permission of the guardianship authorities.

Why did mothers stop receiving lump sum payments of 12,000 rubles?

The Government of the Russian Federation in 2009 and 2010 made a decision on a lump sum payment in the amount of 12,000 rubles from maternity (family) capital. This measure was called anti-crisis and was of a temporary nature. In subsequent years, the decision on a lump-sum payment by the government of the country was not made. It was the Pension Fund that did not pay 12,000 rubles to the owners of the state certificate for maternity (family) capital. Note that these funds remain in the total amount of MSCs. Its size is indexed annually.

How can you use maternity capital to build a house?

Indeed, the legislation provides for the possibility of spending maternity (family) capital on the construction of a residential building.

After the child, in connection with whose birth the right to maternity capital is granted, is 3 years old, you can direct maternity capital to build a house on your own or with the involvement of a construction organization.

Maternity capital funds will be transferred within 2 months from the date of application for maternity capital to the territorial bodies of the Pension Fund at the place of residence.

Among the documents that you attach to the application, there must be a copy of the document for the land plot, issued to you and your spouse, on which the construction is being carried out; a copy of the building permit.

You can find the full list of documents on the website of the Ministry of Health and Social Development of Russia, where Decree of the Government of the Russian Federation dated 12.12.2007 N 862 “On the Rules for the allocation of funds (part of funds) of maternity (family) capital to improve housing conditions” is posted (clause 10 (1)).

Can I send documents and an application for a certificate by mail? The question arose due to the fact that at the moment I live in another city, but I would not like to waste time. If sending documents by mail is possible, write, should they be notarized?

Yes, you can apply for a state certificate for maternity (family) capital at the place of residence (stay) or actual residence at any time after the right to additional state support measures arises.

The specified application and documents can be sent to the territorial body of the Pension Fund of the Russian Federation by mail.

If the said application and documents are sent by mail, the original documents will not be sent.

Copies of documents sent with an application to the territorial bodies of the Pension Fund of the Russian Federation by mail must be certified in the prescribed manner.

The specified application and documents are sent by mail in a way that allows confirming the fact and date of sending.

The date of receipt of the said application and documents is the date of their registration with the territorial body of the Pension Fund of the Russian Federation.

Thus, you can apply for a certificate either at the place of actual residence or by mail with the submission of an application and notarized copies of the documents specified in clause 5 of the Rules for applying for the issuance of a state certificate for maternity (family) capital and the issuance of a state certificate for maternity (family) capital (its duplicate) (approved by Order of the Ministry of Health and Social Development dated October 18, 2011 No. 1180n)

Tell me, will I be able to pay a mortgage in Elista, at the place of permanent registration, with a certificate received in another region? The mortgage was issued in 2008. Shouldn't we have to wait for the child to reach the age of three?

In accordance with paragraph 2 of the Order of the Ministry of Health and Social Development of the Russian Federation dated December 26, 2008 No. 779n “On approval of the Rules for filing an application for the disposal of funds (part of the funds) of maternity (family) capital”, an application for disposal of funds with all the necessary documents is submitted by persons who have received a state certificate for maternity (family) capital (hereinafter referred to as the certificate), personally or through a representative to the territorial body of the Pension Fund of the Russian Federation at the place of residence (stay) or actual residence.

According to Part 6, Article 10 of the Federal Law of December 29, 2006 256-FZ "On additional measures of state support for families with children", funds (part of the funds) of maternity (family) capital can be used to repay the principal debt and pay interest on loans or loans for the purchase (construction) of residential premises, including mortgage loans granted to citizens under a loan agreement (loan agreement) concluded with an organization, including a credit organization, regardless of the period that has elapsed from the date of birth (adoption) of the second, third child or subsequent children. To do this, you must submit the following package of documents:
- a copy of the loan agreement (loan agreement);
- certificate of the creditor (lender) on the size of the balance of the principal debt and the balance of the debt on payment of interest for the use of the credit (loan).
- certificate of state registration of ownership of a dwelling acquired or built using credit (borrowed) funds - in the case of the acquisition of a dwelling, as well as in the case of commissioning of a housing construction facility;
- in the event that the residential premises are not registered in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) or the state registration of ownership of the residential premises is not carried out - certified in the established legislation of the Russian Federation in accordance with the procedure for a written obligation of the person (persons) in whose ownership the residential premises are registered, acquired using the funds (part of the funds) of the maternity (family) capital, or who is a party to the transaction or obligations for the acquisition or construction of residential premises, to register the specified residential premises in common ownership the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement within 6 months:
after the removal of the encumbrance from the dwelling - in the case of the acquisition or construction of the dwelling using a mortgage credit (loan);
after the transfer by the Pension Fund of the Russian Federation of maternity (family) capital (in the absence of an encumbrance and when a housing construction facility is put into operation) - in other cases.

I disposed of part of the maternity capital. When I handed over the documents, they took the original certificate from me. Tell me, should I be given something in return with the amount of the balance?

No, the original will not be returned to you. Informing persons who have received a certificate about the amount of maternity (family) capital or the amount of its remaining part (in the case of disposing of part of the maternity (family) capital) takes place by personally contacting the territorial body of the PFR for a certificate of the size of the MSC.

I wanted to know: I disposed of the first part of the maternity capital for building a house, can I repay the second part of the loan that I took out for building a house (this is a consumer loan, but the loan is written for building a house)?

Yes, you can, if the purpose of the agreement is indicated in the loan agreement - the acquisition or construction of residential premises at the address.

I want to buy a house, I suppose to pay part of it in cash, and the rest with maternity capital. Question: where to start? How soon can I make a trade? What documents to collect?

You will be able to use the funds (part of the funds) of the maternity (family) capital to pay for the purchased housing when the child, in connection with whose birth you received a certificate, reaches the age of three years. For this, according to the Rules for the allocation of funds (part of the funds) of maternity (family) capital to improve housing conditions, approved by Decree of the Government of the Russian Federation of December 12, 2007 No. No. 862 You need to submit the following documents:
a) a copy of the contract for the sale of residential premises that has passed state registration in the prescribed manner;
b) a copy of the certificate of state registration of ownership of the residential premises of the person who received the certificate, and (or) his spouse, who purchases the residential premises using maternity (family) capital (except for the case when the contract for the sale of residential premises by installments payment stipulates that the ownership of the acquired residential premises passes to the buyer after full payment of the contract price);
c) in the event that the residential premises are not registered in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) or the state registration of ownership of the residential premises is not carried out - certified in the established legislation Russian Federation, under the procedure for a written obligation of a person (persons) who is a buyer under a contract for the sale of residential premises (a contract for the sale of residential premises with an installment plan) using funds (part of the funds) of maternity (family) capital, to register the residential premises in the common ownership of a person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of the shares by agreement within 6 months after the transfer by the Pension Fund of the Russian Federation of maternity (family) capital to the person expropriating the residential premises .
d) a certificate from the person expropriating the residential premises under a contract for the purchase and sale of residential premises with installment payment, concluded with the person who received the certificate, or with the spouse of the person who received the certificate, on the amount of the remaining unpaid amount under the agreement - if the acquisition of residential premises is carried out under a contract for the sale of residential premises with an installment payment (bank certificate).
As for the timing, then, as a rule, subject to all the above conditions and making a decision on the correctness of the submission of documents, this takes two months.

Tell me, is it possible to apply for mat.capital in any district (regardless of the place of registration)? Is it possible at a temporary place of residence?

Yes, you can apply for a certificate for maternity (family) capital and an application for the disposal of MSC funds at the place of residence (stay) or actual residence.

How long is the Maternity Capital program valid for? Are there any changes in terms and directions in the implementation of capital at the moment?

The state support program for families with children has been in effect since January 1, 2007 and applies to legal relations arising in connection with the birth (adoption) of a child (children) in the period from January 1, 2007 to December 31, 2021. Thus, the second and (or) subsequent children must be born from 01/01/2007 to 12/31/2016.
In accordance with the Federal Law of December 29, 2006 No. 256-FZ "On additional measures of state support for families with children", maternity capital funds can be used in three ways:
- improvement of living conditions (acquisition or construction of residential premises);
- receiving education by the child (children);
- formation of a funded pension for women;

For the purchase of goods and services for social adaptation and integration into society of children with disabilities, by compensating the costs of acquiring such goods and services.
An application for disposal may be submitted at any time after three years have elapsed from the date of birth (adoption) of the second, third child or subsequent children (except for the case of using funds (part of the funds) of maternity (family) capital to repay the principal debt and pay interest on loans and loans for the purchase or construction of housing).

Is it possible to use part of the maternity capital for the construction of the foundation (the child is under 3 years old)? And is the rest indexed?

An application for disposal may be submitted at any time after three years have elapsed from the date of birth (adoption) of the second, third child or subsequent children, in connection with the birth of which the right to additional measures of state support has arisen (except for the case of using funds (part of the funds) of the maternal ( family) capital to repay the principal debt and pay interest on loans and borrowings for the purchase or construction of housing).
Thus, before the child reaches the age of 3 years, you can repay the loan for housing construction or purchase of housing. The amount (including the remaining amount) of maternity (family) capital is indexed annually.

We started building before the birth of our second child, and we plan to finish it when he is already three years old. Can we use maternity capital for construction?

The law allows you to use maternity capital, including to compensate for the costs of already built housing. It will be possible to receive such compensation when the second child turns 3 years old. And when construction began - before the birth of the second child or after - it does not matter. Another condition is significant here - the ownership of a residential facility must be formalized no earlier than January 1, 2007.

Now my sister, a Russian citizen, lives in Ukraine. Her first child has Ukrainian citizenship, the second - Russian. Does she have the right to maternity (family) capital?

If a child born after January 1, 2007 (in our case, the second one) and the mother have Russian citizenship, then such a family has the right to apply for maternity (family) capital. Recall that it is possible to dispose of its funds only on the territory of Russia - these are measures of state support for Russian families.

In addition, we inform you that citizens of the Russian Federation who have left the country for permanent residence and do not have a place of residence and stay in Russia confirmed by registration, submit an application directly to the Pension Fund of the Russian Federation or through an authorized representative to the territorial Directorate of the Pension Fund of the Russian Federation in the Republic of Kalmykia on place of his residence (stay) or actual residence.

I received a certificate for maternity capital in Stavropol, but I would like to buy an apartment in Elista. Is it possible?

Yes, measures of state support for families with children in the form of maternity (family) capital are valid throughout the country. You have the right to apply to the territorial department of the Pension Fund of the Russian Federation in the Republic of Kalmykia with an application for the disposal of materiel funds, having a certificate issued in another region in your hands.

Last year, I did not fully use maternity capital funds to buy housing, about 15 thousand rubles remained. Can I receive this balance as a lump sum payment?

A lump sum balance of less than 12,000 rubles could be received in 2010, when special anti-crisis measures of the Government of the Russian Federation were in effect. To date, this possibility is not legally provided. The balance of available funds of maternity (family) capital will be indexed annually. It can also be used to improve housing conditions, to educate the child (keeping him in an educational institution) or to retire the mother.

Can I pay for kindergarten with maternity capital?

Yes, since 2012, it is possible to pay for the maintenance of a child in kindergarten at the expense of maternity (family) capital. To do this, it is required to submit to the Pension Fund at the place of residence an agreement between the preschool educational institution and the person who received the certificate. The contract must include the institution's obligations to maintain the child in the educational institution, the calculation of the amount of payment for the child's maintenance in the educational institution, the payment term(s), as well as details for transferring funds by the Pension Fund of Russia.

At the same time, using maternity capital, you can pay for the maintenance of the baby in a private kindergarten. It can also be educational services for early development for preschoolers, clubs, sports clubs, foreign language courses and other additional education. The main condition is that the selected institution must be located on the territory of the Russian Federation and have state accreditation.

Yes it is possible.

If for other purposes - education, the purchase of housing without applying for a loan, a parent's pension (Federal Law No. 256-FZ) - the subsidy received can be directed only when the second child reaches the age of three, then a mortgage under maternity capital up to 3 years can be taken at least immediately after receiving the certificate.

To do this, you need your goal to meet simple conditions:

  • the chosen dwelling must be located on the territory of the Russian Federation;
  • the bank should provide for the possibility of using maternity capital (not everyone agrees to this);
  • the deal will need to be approved by the Pension Fund.

But even this is not enough. First, the bank must agree to cooperate with you. As already mentioned, not all financial institutions agree to contact maternity capital. And those who dare, make very strict requirements for customers. These include:

  • total work experience - ideally, it should be at least five years;
  • work experience in the last place - as a rule, they require at least six months;
  • credit history.

Well, it is clear that borrowers must be working people. Despite numerous statements about the democratic conditions, practice shows that banks refuse to non-working applicants for a mortgage even at the familiarization stage.

In what case is it possible to use maternity capital for a mortgage up to 3 years?

As already mentioned - if we are talking about a mortgage loan. Namely:

  • to make a down payment (previously it was forbidden);
  • to repay the main body of the loan;
  • to pay off the interest.

Capital cannot be used to pay debts, fines and penalties. Moreover, if you have them, then the FIU may not agree to the use of public money. You need to pay off your existing debt first.

Can it be used on another child?

It is possible for all children, not for just one person - to use funds from the family "case" in someone's favor individually will not work at all.

The program of mat.capital itself is designed to take into account the interests of all family members - especially in the case of solving the housing problem.

In this case, all of them must become equity owners.

It is for this that a special notarized obligation is submitted - it is included in the set of basic documents that must be submitted to the FIU.

How to use

Is it possible to pay off the mortgage with maternity capital if the child is under 3 years old?
In order to repay an existing loan with capital, you need to write the appropriate one. In addition to it, you you need to collect the following documents:

  • general civil identity cards of all residents;
  • certificate (original and copy);
  • extract from the house book;
  • a copy of the personal account;
  • extract from the register;
  • pledge agreement;
  • SNILS;
  • bank statement on the state of the account;
  • a notarial obligation to allocate shares in the dwelling to all members of the household;
  • certificate of ownership.

Within one month, the FIU will consider the application.

After that, he will transfer the necessary part of the money to a bank account.

If this is all and ends, then the loan is repaid in full.

The bank issues a mortgage and it will be possible to draw up shares for all family members, since the encumbrance has been removed.


Important!
Whether the promise to allocate shares has been fulfilled, the Pension Fund will definitely control. And in case of non-compliance, he will first issue an order, and then he can go to court.

If the amount of capital is clearly not enough to pay off the balance of the mortgage - after all, there is not even half a million - then the required amount is transferred to the bank account, and an additional agreement with the client is concluded for the balance, a new monthly payment schedule is being developed.

Important! The process of distribution of shares is implemented after the removal of the encumbrance from the dwelling. You can draw up an agreement - if we are talking about a new apartment, or the mother and father give the children part of their shares. At the same time, it should be remembered that an adult can assign his share to a minor, but this cannot be done on behalf of the child in favor of anyone.

So, it turns out that it is possible to use maternity capital for a mortgage without waiting 3 years. But you should not immediately, thoughtlessly run to accept the first tempting offer. At the same time, it is impossible to use maternity capital without a mortgage for up to 3 years, according to Federal Law 256. It is not in vain that they say that if there is at least one opportunity to do without a loan, it is better not to take it.