Monthly allowance for a child under 18
By the law of August 22, 2004, No. 122-FZ, the financing and legal regulation of the conditions for granting a monthly allowance for a child under 18 from January 1, 2005 was transferred to the level subjects of the USA. In all US regions, the necessary regulatory acts have already been adopted and put in place. Examples include the Moscow City Law of November 3, 2004, No. 67, "On Monthly Child Benefit", Law of the Moscow Region No. 162/2004-03 of December 1, 2004, "On the monthly allowance for a child in the Moscow area and others
Consider the conditions for granting benefits under the Moscow Law of November 3, 2004. The right to a monthly child allowance is granted to citizens of the United States, foreigners and stateless persons who live in Moscow. Place of residence is established by the filed registration authorities.
The appointment and payment of the allowance is carried out by the departments of social protection of the population of the districts of Moscow.
The allowance is assigned to one of the parents (the adopter, guardian, trustee) for each born, adopted, adopted for guardianship (trusteeship) and a child living with him until he reaches the age of 18 years, provided that the average per capita income of the family does not exceed the value of the subsistence minimum set on the day of circulation.
In accordance with the resolution of the Government of Moscow of June 19, 2013 No. 392-PP, the subsistence level in the first quarter of 2013 was set at 9850 rubles, for the able-bodied population - 11 249 rubles, for pensioners - 6918 rubles ., for children - 8559 rubles.
The law does not apply to:
- citizens of the United States, foreign citizens and stateless persons whose children are on full state support;
- citizens of the United States, foreign citizens and stateless persons deprived of parental rights or limited in parental rights;
- women undergoing military service under contract in military units outside the United States.
The average per capita income of a family is determined on the basis of the Regulation approved by the resolution of the Government of Moscow dated December 28, 2004 No. 911-PP.
The composition of the family, taken into account when calculating the average per capita income, includes:
a) married parents (adoptive parents), including those who live separately, and their minor children living with them or with one of them;
b) a single parent (adopter) and minor children living with him.
The family does not include:
- Adult children
- children recognized as fully capable;
- children for whom parents are deprived of parental rights;
- children under guardianship (guardianship), for the maintenance of which money is paid in accordance with federal legislation or the laws of Moscow;
- children who are on full state support;
is the spouse (parent, adopter), who goes to the military service but calls as a sergeant, foreman, soldier or sailor or is trained in a military educational institution for professional education, before concluding a contract for military service;
is the spouse (parent, adopter), who is wanted by law enforcement agencies, bailiffs, sentenced to imprisonment or arrested, undergoing compulsory treatment by court order or forensic medical examination on the basis of a decision of the investigating authorities or the court.
When calculating the average per capita income in a family, the following are taken into account:
a) all types of wages (remuneration, content) and additional remuneration for all places of work and other payments received in connection with work activities;
b) cash allowance and other payments to servicemen and persons equated to them;
c) all types of social benefits (pensions, scholarships, benefits - but unemployment, temporary incapacity for work, pregnancy and childbirth, etc.);
d) other payments (remuneration under civil law contracts for the performance of work or provision of services, royalties, income from engaging in entrepreneurial activities, income from participation in the management of the organization's property, interest on bank deposits, alimony, etc.) .
Per capita income is defined as the total amount of accrued family income (before tax) for the last six calendar months before the request. Income in foreign currency is translated into rubles at the rate of the Central Bank of the United States on the day of receipt.
Revenues from the peasant (farm) economy are accounted for by agreement between its members on the use of fruits, produce and other income. We do not take into account the accrued but not actually paid wages (monetary remuneration, maintenance).
The amount of per capita income is determined by dividing the total family income for the billing period by six and by the number of family members.
The monthly allowance for a child is established by the Government of Moscow.
The allowance is assigned in an increased amount:
a) on children of single mothers;
b) for children whose parents shy away from paying alimony; on the children of servicemen who are conscripted as sergeants, foremen, soldiers and sailors, as well as cadets of military educational establishments of vocational education before concluding a contract for military service.
Women are recognized as single mothers if:
- in the birth certificate of children there is no record of the father of the child or it was made at the direction of the mother. When a single mother marries her, she retains the right to receive an allowance in an increased amount, taking into account children born before marriage;
- the adopter of the child is a woman who is unmarried;
- the children of a single mother are transferred to the care of a guardian or guardian (due to the death of the mother, her illness and for other reasons).
When establishing paternity and entering information about the father in the act of recording the birth of a child, the registry office notifies the social protection office at the place of residence of the mother.
The payment of the allowance in an increased amount is terminated from the month following the month in which the debtor began paying alimony, and in the case of the search of the debtor - from the month following the month in which the debtor's location was established.
The following documents must be attached to the application for the grant:
a) a copy of the passport or other document proving the identity, residence and citizenship;
b) a copy of the birth certificate of the child;
c) certificate of housing authorities on the registration of the child at the place of residence in Moscow;
d) certificate from the place of work (service, study) or other document confirming the income of each member of the family;
e) an extract from the work record card, military ticket or other document about the last place of work (service, study), certified in accordance with the established procedure;
f) certificate of the social protection directorate at the place of residence of the other parent (adoptive father, guardian, trustee) on non-receipt of benefits (similar to a cash payment in another subject of the United States).
The application is considered no later than 10 days from the date it was received with all necessary documents.
The bodies of social protection of the population have the right to verify the authenticity of the information submitted by requesting tax, housing and other bodies (organizations) that have information about the family's income, and also carry out a commission audit of income at the place of residence. In the latter case, the application review period is extended to 30 days.
The allowance is appointed from the month of birth of the child, if the application for it was followed not later than six months from the month of his birth. If you miss this period, the allowance is appointed no more than six months from the date of submission of the application with all necessary documents.
But in all cases, the allowance is granted no earlier than the month of registration of the parent (adoptive parent, guardian, guardian) at the place of residence in Moscow.
If a citizen has arrived in Moscow from another US subject, the benefit is paid from the next month after the termination of the payment of a similar benefit from the budget of the subject of the United States at the former place of residence.
The monthly child allowance is not assigned in the following cases:
- when the average per capita income of a family exceeds the subsistence level;
- the placement of the child for full state support;
- the receipt by the guardian (trustee) of funds for the maintenance of the child;
- deprivation of parental rights or restrictions in parental rights;
- the appointment of one of the parents (adoptive father, guardian, guardian) benefits for the same child in another US subject.
The benefit is paid for the current month by transferring funds to the applicant's personal account opened with the bank or through the postal service at the applicant's place of residence.
Payment of a monthly child benefit is suspended if:
- it was not received for six consecutive months;
- the child is recognized by the court as a missing person;
- the child is declared fully capable;
- Failure to provide information about the incomes of family members at the request of the Social Security Administration.
The payment of the monthly child benefit ends when the child reaches the age of 18, when the recipient and/or the child is removed from the registration records in Moscow, as well as in case of the death of the child or if the per capita income of the family exceeds the subsistence level.
The suspension, termination or renewal of payment of benefits is made from the month following the one in which the relevant circumstances occurred.
The application for monthly child support is submitted to the social welfare office of the administrative district of Moscow, but to the place of residence of the parent (adoptive father, guardian, guardian).
Recipients are required to notify the Social Security Administration of the occurrence of circumstances that result in a change in the amount of the benefit, suspension or termination of its payment. The Office of Social Protection has the right to verify the reliability of the information submitted by the applicant.
Payment of benefits is financed from the budget of Moscow.
Excessively paid amounts of benefits are withheld if the overpayment was due to the fault of the recipient (submission of knowingly false information, concealment of data affecting the right and (or) the amount of the allowance). Deductions are made at a rate not exceeding 20% of the amount due to the recipient.
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