As you know, “children’s” benefits are accrued upon the birth of a child. As stated in Federal Law No. 81-FZ dated May 19, 1995 “On state benefits for citizens with children,” child benefits include:
- allowance for seeking consultation and registration in early pregnancy (up to 12 weeks);
- lump sum benefit at the birth of a child (based on a certificate from the maternity hospital);
- monthly child care allowance up to the age of 1.5 years;
- maternity benefits (sick leave);
A woman who has given birth to a child receives all of the listed benefits from her employer. Everyone needs to know the principle of calculation, as well as the upper and lower limits of child benefits - both managers and mothers themselves.
Increase in child benefits in 2021
It must be remembered that from January 1, 2021, the minimum wage was increased to 11,280 rubles, which affected all types of benefits.
This year, “children’s” benefits, according to Decree of the Government of the Russian Federation dated January 24, 2019 No. 32, increased from February 1, 2021 - by a factor of 1.043. This means that benefits remained at the same level in January, but changed only in February.
And now - attention: look at how benefits have changed at the beginning of 2019:
- Allowance for registration up to 12 weeks: from January 1, 2019, a woman received - 628.47 rubles, from February 1, 2021 she began to receive - 628.47 rubles. × 1.043 = 655.49 rub.
This benefit is paid only once. It is due to women who:
- registered with medical institutions before 12 weeks of pregnancy and provided the appropriate certificate;
- have the right to maternity benefits (Article 9 of May 19, 1995 of Federal Law No. 81-FZ).
If the registration certificate is provided later than 12 weeks, then the benefit is paid within ten days after provision, provided that the application for benefits was made no later than 6 months after the end of maternity leave (clause 24 of the Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n).
- One-time benefit for the birth of a child: from January 1, 2019, a woman received - 16,759.09 rubles, from February 1, 2021 she began to receive - 16,759.09 rubles. × 1.043 = 17,479.73 rub.
- The minimum monthly benefit for caring for a second child and subsequent children under 1.5 years of age: from January 1, 2021, a woman received - 6,284.65 rubles, from February 1, 2021 she began to receive - 6,284.65 rubles. × 1.043 = 6,554.89 rub.
- Monthly child care allowance up to the age of 1.5 years: depends on the minimum wage. If the average monthly earnings do not exceed the minimum wage, then the benefit is calculated at 40% of the minimum wage. It is worth considering that from January 1, 2021, the minimum wage increased to 11,280 rubles, as a result of which the minimum amount of benefits for caring for the first child also changed. Now it is 11,280 rubles. × 40% = 4,512 rub.
For 2021, the maximum monthly child care benefit is RUB 26,152.33. (maximum possible average earnings 65,380.82 rubles × 40%).
Please note that when calculating this benefit, certain criteria have been developed by law; their levels in 2021 are as follows:
- at the birth of the first child, the lower criterion - from January 1, 2019 was 3,142.33 rubles, from February 1, 2021 it is 3,277.45 rubles.
- at the birth of the second and subsequent child, the lower criterion - from January 1, 2021 was 6,284.65 rubles, from February 1, 2021 it is 6,554.89 rubles.
- the upper criterion for employees - from January 1, 2021 - 26,152.27 rubles, from February 1, 2021 - has not changed and is also 26,152.27 rubles.
5. Payment for pregnancy and childbirth (“maternity benefits”): the basis for it is the sick leave certificate submitted by the woman from a medical institution, and the calculation is made based on actual earnings for the period of time in the previous two years (that is, 2018 and 2021).
The benefits are calculated based on the number of days of sick leave. They are valid from January 1, 2021. They were not affected by the February indexation.
Minimum size for employed women:
- RUB 51,919 — with a standard vacation duration (140 days);
- RUB 57,852.6 - for premature birth (156 days of leave);
- RUB 71,944.9 — in case of multiple pregnancy (194 days of leave)
Maximum benefit for working women:
- RUB 301,095.02 - with the standard duration of maternity leave (140 days);
- RUB 335,506.08 — for 156 days of vacation;
- RUB 417,231.92 - in case of multiple pregnancy (194 days of leave)
The above benefit is paid to women once upon presentation of sick leave.
Where to contact
Citizens eligible to receive benefits may be employed, or may not work for some reason. The first receive benefits from the Social Insurance Fund through an application at their place of work. The second - directly at the expense of the federal budget, by submitting documents to the social protection authorities (OSZN). Military personnel can also receive benefits.
The pilot project “Direct Payments”, operating in 39 regions of the Russian Federation, allows residents of these regions to apply for benefits directly to the Social Insurance Fund. Their list is given in government decree No. 294 of 04/21/11, part 2.
Benefits received from the Social Insurance Fund are:
- working citizens;
- civilians working in military formations on the territory of other states.
By contacting the social security authorities or at the place of service, benefits are received by:
- unemployed;
- full-time students;
- contract soldiers in military and equivalent service;
- persons dismissed from military units due to the expiration of an employment contract or due to the withdrawal (redeployment) of troops.
Thus, every parent can exercise the right to receive benefits: in the form of compulsory social insurance or in the form of state social security.
Maternity leave for a woman and calculation of its payment
The rules for calculating maternity leave in 2021 have not changed: as before, the employee’s income for the two previous years must be taken into account, and the salary is taken in full, including personal income tax.
To calculate the benefit, the annual income must not exceed the maximum base for paying contributions to the Social Insurance Fund:
- 718,000 rub. – in 2021;
- 755,000 rub. – in 2021;
- 815,000 rub. – in 2021.
To calculate the employee's actual average daily earnings, use the formula:
Average daily earnings = Earnings for the previous 2 years / Actual number of calendar days in the billing period - Number of days excluded from the billing period
When using the formula, keep in mind that:
- for the calculation, earnings for the previous two years are taken, which are subject to contributions;
- a leap year has 731 days, therefore, the actual number of calendar days in the calculation period can be 730 days, 731 days and 732 days (if, when replacing years by choice, both years turn out to be leap years). However, 2021 and 2021 are “ordinary” years, not leap years.
Thus, the lower limit of daily earnings for calculating maternity benefits in 2019 is 370.85 rubles.
And the upper limit of daily earnings is 2,150.68 rubles. Calculated using the formula: (755,000 rub. + 815,000 rub.): 730 days, where 755,000 rub. – maximum earnings from which benefits are calculated in 2021; and 815,000 rub. – maximum earnings from which benefits are calculated in 2021.
In 2021, the maximum maternity benefit will be calculated as follows:
- for normal childbirth: RUB 2,150.68 × 140 days = RUB 301,095.20;
- for complicated childbirth: 2150.68 rubles. × 156 days = RUB 335,506.08;
- for complicated multiple births: RUB 2,150.68. × 194 days = 417,231.92 rubles.
The benefit is paid in the amount of 100% regardless of the employee’s insurance period, but provided that it exceeds 6 months.
It happens that during the billing period a woman was already on maternity leave or child care leave. Then the corresponding calendar years can be replaced by previous calendar years at her request, if this “replacement” increases the amount of the benefit (Part 1, Article 14 of Federal Law No. 255-FZ).
Minimum amount of maternity benefits
As you know, the minimum amount of maternity leave directly depends on the minimum wage. Since from January 1 of this year the minimum wage increased to 11,280 rubles, the minimum average earnings should be calculated as follows: 11,280 rubles. × 24 months / 730 days = 370.85 rub.
Do not forget that earlier, in 2021, the minimum wage changed several times and was: from January 1 to April 30, 2021 - 9,489 rubles, and from May 1 to December 31, 2021 - 11,163 rubles.
Minimum maternity benefits are due to those whose insurance period does not reach 6 months, who had earnings below the minimum or had no earnings at all in the billing period.
Now let’s calculate the minimum maternity benefit from February 2021:
- with a sick leave duration of 140 days: RUB 370.85. × 140 days = 51,919 rubles;
- with a sick leave duration of 156 days: RUB 370.85. × 156 days = 57,852.60 rubles;
- with a sick leave duration of 194 days: 370.85 rubles. × 194 days = 71,944.90 rub.
When is it paid?
The period for assigning and receiving a lump sum maternity benefit depends on who will pay it. The employer, the Social Insurance Fund, and the social security authorities are given up to ten calendar days to consider the application received and assign benefits.
The employer will pay on the day closest to the appointment day when it is customary to issue wages.
As for the Social Insurance Fund and social structures, they will transfer the money the next month after the application was received, until the 26th.
Among the questions that are most often asked by persons related to receiving benefits under the B&R, we will highlight several of the most significant ones, which were not answered in the article.
This benefit stands apart from others: only a woman who has been pregnant and given birth to a baby can receive it. This rule applies even in cases where a child is adopted who is less than three months old. It will still be assigned to a woman, albeit an unemployed one, and not to her working husband. To apply for most child benefits, it is enough to be the person caring for the children.
The benefit is not subject to withholding; it is paid out of insurance premiums. Otherwise there would be double taxation.
Do I need to recalculate benefits up to 1.5 years?
The answer to this question is unequivocal - no. The general rule is: child care benefits up to 1.5 years old are assigned once and only on the start date of the vacation.
The benefit will need to be recalculated if, after February 1, 2021, the employee returned from maternity leave for at least one day and then went on vacation again. This time she will leave with a new calculation.
Plans to increase child care benefits
From 2021, the amount of childcare benefits for children aged 1.5 to 3 years will be significantly increased. At least, Prime Minister Dmitry Medvedev announced such intentions. Now women on maternity leave, after the child reaches 1.5 years of age, receive a monthly payment of 50 rubles.
Officials believe that the benefit should not just be increased - it should be targeted, that is, paid to those who need it.
Also, according to Medvedev, the issue of increasing the period of maternity leave counted towards length of service from 1.5 to 3 years needs additional discussion. First of all, we need to weigh both the financial and social aspects of this idea, he noted.
What documents need to be provided
Recipients of this benefit can be a wide range of people for various reasons, and, as a result, there is no single package of documents.
If the benefit is provided by the Social Insurance Fund, you must:
- a statement from a parent or a person replacing him;
- registry office certificate of birth;
- court decision, agreement on transfer to a family, decision of the guardianship authorities - copies, if we are talking about persons replacing the child’s parents;
- a certificate from the other parent’s place of work or service that no benefits were awarded to him;
- a certificate from the OSZN in relation to the other non-working parent that the benefit was not assigned to him.
If the benefit is issued through OSZN, additional documents are required:
- A certified extract from the work record book (military ID, other document) about the last place of work, service, or study. If the applicant for benefits does not work anywhere, is not an individual entrepreneur, does not conduct private practice as a lawyer or notary, or is not engaged in other licensed activities, he indicates this information.
- For foreigners (stateless persons) permanently residing in Russia or having refugee status, an identity card is required that shows a valid residence permit, a refugee certificate - copies;
- For foreigners (stateless persons) temporarily residing in Russia - residence permit - copy;
- A certificate from the Social Insurance Fund that the person who applied for the benefit did not receive it through payments from the Fund, if we are talking about licensed activities (individual entrepreneurship), i.e. not registered with the Social Insurance Fund as an insurer. Documents confirming your status will also be required. In all cases, copies of documents are required.
The benefit can also be received at the place of stay (actual residence). You need a certificate from the OSZN at your place of residence stating that the benefit was not previously received there.
If the parents are divorced and/or the child lives with one of them, the following is required:
- certificate of divorce;
- a document confirming cohabitation with one of the parents in the Russian Federation.
If a serviceman applies to his place of duty, he writes not an application, but a report with a request for the assignment of benefits. In addition, an extract from the order of the commander of the military unit on payment of benefits is required. The order must indicate the gender, name, date of birth of the child (children) and the amount in rubles and kopecks that must be paid (based on materials from the official websites of the Ministry of Defense, the Social Insurance Fund and the State Services website).
Maternity capital in 2021
The amount of maternity capital for the second child has not changed this year and amounted to 453,026 rubles. The last certificate increase occurred four years ago, and the amount has not changed since then.
The next indexation of maternity capital is planned only from January 1, 2021 - up to 470,241 rubles. And the federal program itself will operate at least until the end of 2021.
What changed:
- Federal Law No. 390-FZ dated October 30, 2018 was signed, which changed the period for the Pension Fund to make a decision on issuing a certificate - from 1 month to 15 days.
- Previously, maternity capital was allowed to be spent on a child’s preschool education, meaning now there is no need to wait until he turns three years old. And for the second child born after January 1, 2021, it is allowed to receive a monthly cash benefit from maternity capital.
The other day, Prime Minister Dmitry Medvedev approved the initiative to use maternity capital funds for the construction of a residential building for permanent residence on a summer cottage (that is, it must be a permanent building). According to him, it is necessary to change the relevant norms and allow maternity capital to be spent for these purposes.
