Details for transferring maternal family capital funds. Using maternity capital through State Services. Buying an apartment using maternity capital

Many families who receive a certificate for maternity capital have questions: how will the funds be transferred to the account, what is the procedure for transferring maternity capital and what needs to be done for this.

Transfer options

The Pension Fund deals with all applications for the use of state assistance for various family needs, which are enshrined in law. This authority has no right, under any circumstances, to issue the entire amount or any part of it in cash, this is illegal.

Attention! 7 tbsp. The Federal Law “On Additional Measures to Support Families with Children” stipulates what exactly the state allows the money that is issued in the form of support for large families to be spent on.

You can send money to:

• • improving or increasing the family's living space;
  • transfer of maternity capital funds to the authorities for further recalculation of the mother’s pension;
  • purchasing a new apartment or private house;
  • payment for the child’s education;
  • provision of necessary goods and services for the rehabilitation of a disabled child.

The use of such funds for the needs of a child who is disabled is the latest of all existing methods. But it has already been proven how necessary this direction is for many families to help in raising and caring for such children.

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Who is the recipient of funds?

The legislation specifies the addressee to whom maternity capital funds will be transferred - this is the Pension Fund.

It must be located in the area where the recipient of financial assistance lives. The transfer of funds will be carried out after the citizen has chosen the purpose for which he wants to spend government assistance.

If the purpose for which maternity capital funds are to be spent is the child’s education, then the addressee will be a commercial or government institution that provides services on a paid basis.

At the same time, either the entire amount of capital or only a certain part of it can be directed to obtaining education.

Attention! When a family wants to improve their living conditions, the transfer will be made to the account of a legal entity or an individual, depending on with whom the purchase and sale agreement for the property is concluded.

In situations where a family buys an apartment from a citizen, then in order to transfer the amount of maternity capital, in the agreement on its use when purchasing housing, it is necessary to indicate its bank details. The same rule applies to developers.

When maternity capital closes the debt on a mortgage loan, the money will be transferred to the certificate owner’s bank account, and employees of the financial institution will write off the amount of money against his loan.

When purchasing special equipment or medicines to treat a disabled child, the funds will be transferred to the account of the organization that provides them.

Documents required for translation

Both to receive maternity capital, the owner and to transfer money to the seller need to collect certain documents.

These include:

• • certificate;
  • document confirming the identity of the applicant;
  • a document that confirms the fact of an agreement between the certificate holder and another party (purchase and sale agreement, paid training agreement, etc.).

The right to use maternity capital by this person is also checked, whether the deadline for submitting this requirement on his part has passed. Such verification may take about a month from the date the applicant submits the documents.

It is worth noting that if the family decides to make any prepayment to the account of the other party, and subsequently funds are received from the Pension Fund authorities and an overpayment occurs, then part of the money will have to be returned. But the money must be returned to the Pension Fund account, that is, part of the financial assistance from the state will be returned.

Payment terms

The funds themselves for maternity capital are transferred to the accounts of Pension Funds in various regions every quarter in exactly the amount that employees indicated in their application.

They send it no later than three days after the start of the quarterly period.

Important! The timing of the transfer of maternity capital for various purposes may vary.

For example, to repay a loan for the purchase or improvement of living space - up to two months, and to pay for housing under construction - 15 days.

Transferring maternity capital funds is a rather labor-intensive process, especially if you do not know all the nuances of submitting an application and the required package of documents. In general, the practice of transferring money to the seller goes quite quickly and without unnecessary problems.

Dear readers!

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers of our site.

The use of maternity capital is currently possible when paying for purchased housing, children’s education, or when sending funds to the mother’s pension account. Using the State Services portal, you can manage maternity capital funds only when purchasing a home. All other options for obtaining financing will require a direct personal visit of the applicant to a branch of the Russian Pension Fund.

In order to initiate the use of maternity capital funds, it is necessary to obtain permission from the guardianship authorities, write a corresponding application and attach the documents that will serve as justification for the transfer of money. This could be a purchase and sale agreement, a mortgage loan agreement or a contract for the construction of an individual cottage.

Currently, the use of maternity capital for the purchase of housing involves the following application options:

• payment of a down payment on a mortgage;
• partial payment for the purchase of housing in cash and by bank transfer;
• payment of part of the costs for the construction of an individual residential building in agreement with the guardianship and trusteeship authorities;
• repayment of part of the mortgage loan issued before receiving maternal family capital;
• purchase of a share in a residential building, necessary for registering children, etc.

In the proposed material you can learn about all the subtleties and nuances of implementing a certificate when buying a home. All necessary steps for submitting an application through the State Services portal are described.

The procedure for using maternity capital

There is a certain procedure for using maternity capital through the State Services portal: you can use funds only to purchase housing in one way or another. To implement this feature, you must register on the portal or log in to your previously created account. Then you need to select the desired item in the service catalog and follow the link provided.

An application form will open, which is filled out electronically. Personal information about the applicant is taken automatically from the account. Therefore, before sending, carefully check their accuracy and relevance. For example, if you recently changed your last name, then you need to make these changes in your personal account.

Then fill out all the important points in the application:

• how maternity capital funds are supposed to be used;
• on what basis will the money transfer be made;
• the address of the apartment or house for the purchase of which the certificate will be sent;
• permission from guardianship authorities;
• information about the certificate itself (number and series, date and place of issue).

The Gosuslugi portal provides two ways to receive this service: electronically, while leaving home, and by making an appointment with the Russian Pension Fund. If you want to submit an application via the Internet, then choose the electronic method of providing you with services. In addition to using this website, it is possible to submit an application by applying through a special pension fund portal or by sending from a registered email address. You can also send an application for consideration using the Russian Post or with a representative of your interests, to whom you should issue a notarized power of attorney in advance. You can also submit an application in person at a Pension Fund branch or at a multifunctional center.

This right can only be exercised by the citizen to whom the certificate was issued. The period for providing the service is limited to 30 calendar days. The application must be registered within two working days after submission. If the applicant decides to submit an application in person when visiting a multifunctional center or a pension fund branch, then the waiting time for an appointment cannot exceed 15 minutes. Naturally, for this you need to register in advance in the electronic queue.

You can dispose of either a certain part of the funds provided for by the limit of the issued certificate, or repay it completely. For example, if, when purchasing a home, there are not enough funds to carry out cosmetic repairs, then, upon application and permission of the guardianship authorities, the right to partially dispose of maternity capital may be granted. Naturally, as a result of this, it will be necessary to allocate a share in the apartment to the disposal of minor children.

After reviewing the application, an order will be issued. In case of a reasoned refusal, the applicant must correct the deficiencies and fill out the application again, attaching all the required documents.

Application for use of maternity capital

You can fill out an application for the use of maternity capital in person at a multifunctional center or at the Pension Fund of Russia, you can download a sample and fill it out in printed form, then print it out, sign it and submit it in a way convenient for you. Or you can fill it out electronically from your personal account on the State Services portal.

When filling out, pay attention to the correct formatting of all lines. All entered information is checked by the relevant departments. Therefore, a small mistake may cause your claims to be denied.

What documents are needed to use maternity capital?

To receive real financial resources within the framework of the program to support families with children using family maternity capital, it is necessary to collect a complete package of documents. The number of documents and their types depend on what type of improvement of living conditions the funds will be used for. Common to all types are:

• a general civil passport of the person in whose name the maternal family capital is registered;
• a written undertaking by the person receiving the opportunity to dispose of the certificate that he undertakes to formalize shared ownership of his minor children and spouse;
• a certificate-extract from a personal bank account with data and details for transferring a sum of money (this can be a direct bank account of the seller of real estate or a contractor that will carry out the construction of an individual residential building.

In addition, you will need to provide documents that will serve as justification for the transfer of funds to satisfy the certificate holder’s application for improvement of living conditions. And here the package of documents depends on what specific purposes the finances will be directed to.

If this is the purchase of an apartment, then you will need a purchase and sale agreement, a certificate of state registration of rights (or an extract from the Unified State Register of Real Estate about the property and rights to it), a mortgage loan agreement, etc.

Also, maternity capital can be used for the construction or reconstruction of a private house, returning compensation for own funds spent for these purposes. In order to take advantage of this opportunity, you must collect the following package of documents:

1. title documents for the land plot being used (certificate of ownership or long-term lease agreement with the purpose of land for individual housing construction);
2. permission for construction or reconstruction of the established state standard;
3. a contract agreement with an organization carrying out construction or reconstruction;
4. permission from the second owner (if it is an object of common property of spouses) to carry out reconstruction and alienate the share in favor of minor children;
5. an estimate for all work that has passed the state examination (if the work is carried out independently without the involvement of a contractor).

You can check the list of required documents on the State Services portal or at the multifunctional center nearest to you. Depending on the chosen type of use of the certificate, the list of documents may differ.

Mortgage using maternity capital

When considering acceptable options, it is worth noting that mortgages using maternity capital are currently actively used by many. Most banks allow their borrowers to use these funds for a down payment or for subsequent repayment of the principal portion of the debt upon early partial or full closing.

You can initiate the use of maternity capital to pay off your mortgage using the State Services portal. To do this, just go to the page with the service for managing certificate funds and select the option available in electronic form for directing funds to improve housing conditions. After this, fill out an application, indicating the number of the mortgage agreement, the amount of the remaining debt, and the number of the personal loan account. You will need to attach a certificate of state registration of ownership and a completed mortgage. It is also necessary to obtain permission from the guardianship authorities and the credit institution itself.

After completing the application, submit it for review. After 2 weeks you will be given a reasoned decision. In case of refusal, a covering note will be attached, which will indicate what changes need to be made to re-apply.

Buying an apartment using maternity capital

If you are purchasing an apartment using maternity capital without borrowing funds, you must adhere to the following procedure:

• contacting the guardianship authorities to obtain permission to purchase the declared property (it must meet all modern sanitary and hygienic requirements);
• concluding a purchase and sale agreement with the seller and indicating in it a clause stating that partial payment will be made by depositing funds from the maternal family certificate;
• filling out an application on the State Services website with a request to send funds to the specified bank account of the seller;
• provision of a complete package of documents to a multifunctional center or branch of the Russian pension fund;
• signing an undertaking that after completing the documents, the procedure for allocating a share to all minor children in the family will be carried out.

After the funds have been credited to the seller’s account and the procedure for state registration of ownership of the apartment has been carried out, copies of the documents must be provided to the multifunctional center or branch of the Russian pension fund.

Terms of use for building a house

Special conditions for the use of maternity capital are provided for the reconstruction or construction of an individual residential building. In this case, it is necessary to first develop and approve all project documentation. Based on the results of the state design examination, in the future the structure should not pose a danger to the life of minor owners.

The house must be erected by specialists with the involvement of a contracting construction organization that has a license to carry out work in the low-rise housing construction sector. Performing work independently is permitted in exceptional cases.

Currently, building a house using maternal capital is more than possible. To do this, it is enough to follow all legal requirements step by step. This includes the preparation of design and estimate documentation, selection and approval of a contractor, phased work, installation of communications, etc.

It is possible to use maternity capital to build a house at any stage, starting from the acquisition of a suitable land plot. Naturally, its value cannot be artificially inflated for the purpose of cashing out this certificate.

Many Russian families with children who had a maternity capital certificate in their hands in 2009, upon receipt, were faced with the need to provide mandatory certificate of account details, opened in Sberbank of Russia, for the production of which it was necessary to pay 100 rubles. And now, already in 2015, in some regions of the country a similar situation is repeated when filing.

And then in 2009, and now in existing “Rules for filing an application for a one-time payment from maternal (family) capital”, approved by Order of the Ministry of Labor dated April 27, 2015 No. 251n, it was stated that documents must be presented with the application for payment, “confirming details of an account with a credit institution opened in the name of the person who received the certificate” ().

However, when accepting applications for payment of 12 thousand rubles, Pension Fund employees were guided by the following recommendations “for official use”:

As a result, in 2009, the Pension Fund provided lists of documents that clearly indicated that an account for transferring a lump sum payment must be opened in Sberbank of Russia (a savings book for a demand deposit), and it is also necessary to submit a certificate of details accounts. The fact that Sberbank set a tariff of 100 rubles for the production of each such certificate was, as always, modestly kept silent.

Thus, despite the fact that officially the Pension Fund authorities only recommended to citizens submit a bank certificate about the account details in order to avoid possible technical errors; in fact, on the ground without it, an application for a one-time payment from the mat. no capital was accepted at all.

Below is an example of a sample bank certificate indicating account details for receiving a one-time payment of 20 thousand rubles from maternity capital in 2015.

But by March 2010 the payment will be 12,000 rubles. Since it was impossible to withdraw this money without providing a paid certificate from Sberbank, the country as a whole received an impressive amount of 153 million rubles. It must be said that the country's leadership then allowed it from maternity capital already in 2010-2011 in accordance with Law No. 241-FZ of July 28, 2010.

In accordance with Sberbank tariffs for servicing bank accounts and deposits, for the service “issuance of a certificate of deposit / about the presence of a current account” still need to pay in 2015 100 rubles.

And this despite the fact that such a document does not carry any additional useful information - all the necessary details are contained, for example, in an invoice, and it also contains all the necessary signatures and seals. Therefore, many were puzzled by the peremptory demands of the Pension Fund employees, and some then even filed a complaint with the prosecutor’s office.

In particular, the Prosecutor's Office of the Samara Region in November 2009, in relation to the appeal of one of the residents, established:

Thus, the prosecutor's office of the Samara region came to the following conclusion back in November 2009:

• requirements to submit to receive a one-time payment from mat. capital savings book infringes on the rights of applicants to choose a financial institution;
• refusal to accept any official document containing all the necessary data on bank account details for transferring and withdrawing funds is actually a violation of the law.

As you know, maternity capital is a monetary measure that is aimed at supporting young families.

Today, the amount of maternity capital is 456 thousand rubles.

Agree, the amount of funds is far from small, so you need to exercise due care when collecting a package of documents.

If you have already become a participant in the maternity capital program, then you have probably completed all the steps required of you and have already provided a certificate from the bank.

If you just intend to declare your rights to the state, due to the fact that you are the parent of two or more children, and exercise your right to receive maternity capital, then you need to prepare a package of documents, including obtaining a certificate of maternity capital account. So what kind of certificate is this and why is it needed? In fact, we are talking about banal details of your account.

The fact is that funds under the maternity capital program cannot be issued in cash. If they were not issued in this way, it would be very difficult for the pension fund to determine where the money is spent.

This would be the reason that people would unconsciously approach the process of having children, trying to solve their material problems through the appearance of a small life. Therefore, the state established in Law 256 that maternity capital funds will go only to a specially opened account and will be used only for certain purposes.

Thus, we can conclude that parents will not see the cash, which means they need to think about opening a special account to which the maternity capital should be transferred.

The state, before transferring funds to you, is required to transfer them to a special account.

It must meet a number of conditions.

Firstly, it must be created on the basis of a credit organization that inspires confidence in the state. Most often this is Sberbank of the Russian Federation.

So, there should not be any funds in this account, it should not be linked to your salary card, or use it when making purchases. The details of the account you opened must be provided to the pension fund in order to familiarize yourself in detail with the date of opening, as well as the status of the open cell at the moment.

In what cases can they require it?

They may require this document from you immediately after you decide to contact a pension fund or multifunctional center in order to obtain a certificate for the use of maternal capital. As a rule, after you have received a certificate, you can apply for a measure of government support in cash at any time.

However, before transferring funds to the account, the state wants to make sure that they will be sent and transferred in accordance with the law.

Therefore, all documents submitted by you, as well as a certificate containing details and information about the status of the account, are carefully checked.

You can read information about this in the rules for submitting an application for one-time payments, as well as in the rules for submitting and providing a certificate for the use of maternal capital under number 251 dated April 27, 2015.

For what? Who? On what basis?

Who can require a certificate from you about the status of your bank account before transferring funds there?

The answer to this question is very simple - depending on which authority you contacted earlier. If you are applying for a certificate for maternity capital through a pension fund, then the pension fund employee, when collecting documents, is obliged to require you to obtain a certificate of maternity capital.

The same applies to employees of multifunctional centers. This certificate is required in order for funds to be transferred to you. Otherwise, in the absence of a certificate, or if it does not correspond to the necessary information, you will be denied such an action.

The basis for submitting the document under discussion is the legal requirements that apply to all participants in the maternity capital program.

Step-by-step instructions for obtaining and submitting a certificate from the bank

In order to obtain the necessary certificate, you need to perform a number of simple steps. After you have become a participant in the maternity capital program, you need to go to the credit institution with which the pension fund cooperates.

As a rule, this is Sberbank of the Russian Federation. There you need to stand in line and ask an employee to help you open an account to which the funds will be transferred. To do this, they will open a certain account for you, which will be completely new and empty, but will be in your name.

Upon opening an account, you will be issued a document containing basic information.

You don’t need to pay anything, especially since Sberbank is a permanent partner of government agencies of the Russian Federation.

Unfortunately, there have been cases recorded throughout the country where Sberbank employees charged the established tariff for their services in the amount of 100 rubles. for the production of this certificate.

In fact, this action is an offense, and unscrupulous employees profit from it.

The certificate is issued to citizens absolutely free of charge, because they become clients of the bank and, moreover, trust it with the storage of subsidies.

Instructions for filling out point by point

The sample certificate from the bank for maternity capital does not contain much information, but you need to familiarize yourself with what this documentation looks like.

It is this document that you will take to the government agency, which its employees will familiarize themselves with; if everything complies with the norm, then the certificate will be attached to your file.

Different regions and branches of Sberbank may use different templates for preparing certificates, so do not be alarmed if even the information itself is presented in a slightly different order.

To repay the loan with family capital, you need to collect a package of documents and contact the Pension Fund. In most cases, a positive decision is made, but a refusal is also possible due to the credit institution’s non-compliance with the requirements of the law. If the Pension Fund allows the funds to be spent, the money is transferred to a bank account, which makes full or partial repayment of the debt. Ownership of housing, paid for with maternity capital, is divided among all family members.

Maternity capital is funds allocated to a family upon the birth of a second or adoption of a second or subsequent child. possible in different ways. One of the most common and popular is repaying the mortgage with maternity capital.

It has been established that money received from the state can be used as a down payment when purchasing real estate with a mortgage, and can also be used to pay for housing loans, including principal and interest for use. It does not matter when the family took out the loan, since the law allows for the possibility of repaying the debt for obligations that arose before the birth of the child. Restrictions are established only regarding the repayment of certain debts incurred on the loan: penalties, fines and other sanctions related to failure to fulfill obligations to make payments.

Repaying a mortgage loan with maternity capital

You can use family capital after 3 years. To do this, you need to write an application to the Pension Fund office.

Attention! You should contact the territorial office at your place of permanent residence. If the family lives at a different address, both spouses need to obtain temporary registration at the place of stay. Those living abroad apply directly to the Russian Pension Fund.

Real estate can be purchased under a purchase and sale agreement, when the house has already been built and put into operation or we are talking about the secondary market, or under an agreement of participation in shared construction. Maternity capital can also be used to pay off debt on a loan taken out to purchase a home.

Table 1. List of documents required for submission to the Pension Fund (all documents are provided in copies, and the documents must be on hand).

Important! The apartment must belong to all family members. Shares are determined by agreement. If this was not done when purchasing real estate, then a notarized obligation is provided to the Pension Fund. The period is 6 months after the removal of the encumbrance.

In addition, you will need originals of other documents that will need to be provided to the PF or MFC employee:

• family certificate or its duplicate;
• passport;
• SNILS;
• if a representative acts - his passport and power of attorney;
• a document confirming registration at the place of residence, if the documents are not submitted at the place of permanent residence;
• birth (adoption) certificate for all children;
• documents on the status of the spouses (marriage certificate, spouse’s passport, his certificate of registration at the place of residence);
• permission from the guardianship and trusteeship authorities to spend funds if a guardian or adoptive parent applies;
• a document confirming the child’s right to use state support funds (marriage certificate, permission from the guardianship and trusteeship authorities, or a court decision declaring the minor fully capable).

Note! The period for reviewing documents is 30 days.

Based on the results of consideration of the application and package of documents, the Pension Fund makes a decision to refuse or satisfy the applicant’s request. If the decision is positive, the money is transferred immediately to the account of the organization that provided the loan. The deadline for transferring money is 10 days from the date of a positive decision.

After making a positive decision, you need to contact the bank and write an application for full or partial repayment of the debt using funds sent by the Pension Fund. If they fully repay the debt, then it is recommended to take a certificate of debt repayment, if partially, a new payment schedule.

Partial repayment of the mortgage with maternal capital

The money can be used to pay off the debt in full or in part. The amount of maternity capital with which the family plans to repay the loan cannot exceed the amount of debt under the loan agreement. However, in practice there are only a few such cases; generally, the amount of debt exceeds the amount of maternity capital.

When the bank receives funds from the Pension Fund, they are credited to the loan account and the bank recalculates the amount of the monthly payment. A loan taken on general terms will decrease by approximately 15%. If, according to the terms of the agreement, a moratorium on early repayment of the loan is established, the borrower will be required to make a specified contribution within a specified time. Only after the termination of the moratorium period will it be possible to repay the loan ahead of schedule.

Example. A family of 4 took out a loan for 10 years for 2 million rubles. The monthly contribution was 23,094.11 rubles. The family took advantage of part of the maternity capital and allocated 299,731.25 rubles to pay off the debt. After offsetting this amount, the monthly payment decreased to 21,615.22 rubles.

Attention! Each mortgage is different. The procedure for repaying the loan and subsequent relationships with the bank are based on the signed loan agreement.

Requirements for the organization issuing the loan

Requirements for the organization that issued the loan have also been established. It could be:

• licensed bank;
• another organization that issued a loan secured by real estate.

Important! In practice, families who took out loans from agricultural consumer cooperatives encountered problems due to the Pension Fund’s refusal to allocate maternity capital funds to repay such loans.

The refusals were due to a letter from the deputy chairman of the PF board, which indicated that the PF had no grounds to satisfy such applications. The list included not only agricultural cooperatives, but also microfinance organizations and consumer cooperatives that issued loans secured by a mortgage.

In practice, a situation has arisen where families who have received loans from agricultural cooperatives are forced to go to court, but there is little positive judicial practice. To increase your chances of success, you need to check the following circumstances:

• the presence in the charter of the right to conduct activities, as well as the fact of assigning OKVED codes corresponding to this activity;
• the presence of an approved regulation on the issuance of loans for the purchase of residential real estate with mortgage collateral with the possibility of repayment using maternity capital funds;
• the transaction must be aimed at improving the family’s living conditions.

If you receive a refusal, you should appeal it in court and seek protection of your rights.

When repayment of a mortgage loan with maternity capital may be denied

The pension fund may refuse to satisfy an application for various reasons:

• the right to state material support has been terminated;
• the procedure for submitting an application has been violated;
• the method of disposing of funds is not provided for by law;
• the amount specified in the application exceeds the amount of maternity capital funds;
• restriction of parental rights;
• taking away a child;
• non-compliance of the organization that issued the loan with the requirements presented to it.

In addition, upon receipt of an application, the Pension Fund must check the following circumstances:

• deprivation of parental rights in relation to a child, with whose birth the family acquired the right to state support;
• commission of a crime against a child;
• cancellation of adoption.

In practice, cases arise when the PF refuses for formal reasons. One of the cases that happened in practice was a refusal due to filing an application for disposal of maternity capital funds along with an extract from the personal account of the deposit in the name of the spouse. The refusal was appealed in court. The court recognized the family's right to use maternity capital funds, obliging the Pension Fund to transfer funds.

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