The maternity capital certificate is received by the family where the second or subsequent minor is born after 2007. Parents can only take advantage of this support measure once, spending it on housing or education of their children. But there are situations when it is necessary to issue return of maternity capital. What are the difficulties of this procedure, and will the family be able to receive it again?

Cash has a designated purpose. In other words, they cannot be spent on any needs or received in cash.

They can be aimed at:

  • purchase of real estate;
  • education;
  • repayment;
  • pension savings.

After the latest changes, it is allowed to spend funds on medical equipment for disabled children.

The most common situation for the return of capital is the invalidation of a real estate transaction.

However, you can return the funds under other circumstances, for example, if the parents change their minds to pay for or save up the mother's pension.

But in return of maternity capital funds characterized by its own characteristics.

Difficulties in the procedure for returning the capital to the pension fund.

The main problem is that the methods of returning funds are not stipulated in legislative acts. Therefore, in practice, you can encounter various difficulties.

It is allowed to apply for return of maternity capital to the pension fund, if not passed 2 months after writing a request for the use of funds.

In the case when it comes to repaying mortgage lending, the term is reduced to 1 month.

An application for the transfer of funds to the mother's pension savings may be canceled during the entire period, until the due date for the first payment of benefits.

Methods for returning maternity capital.

There are two ways to return funds to the Pension Fund:

  • voluntary;
  • forced.

In the first case, the reason is usually the termination of the contract with the person who sold the property.

Return of maternity capital when buying an apartment has its own characteristics. In the event that the developer has not fulfilled his obligations and the agreement is canceled, he returns all the funds received to the account of the shareholder.

The amount that was paid from the MSC must be returned to the FIU by bank transfer. For this, the recipient of state support submits an application to the organization.

But there are situations when a property purchased with maternity capital does not suit the family.

In this case, it will be more difficult to return the funds, as well as to sell an apartment or house. After registering the transaction with Rosreestr, the return of the capital spent on the purchase of housing is impossible.

A family can sell an apartment only according to the following algorithm:

  • obtain the consent of the guardianship authorities;
  • find a buyer;
  • pay tax on the transaction;
  • return funds to the FIU.

The guardianship authorities can agree to the transaction only if they are presented with evidence that it is impossible to live with children in this property.

If parents use the purchased funds to buy another apartment that improves living conditions, then it is not required to transfer funds to the FIU.

However, permission is required for the transaction of the guardianship authorities.

Maternity capital is forcibly collected from parents for the following reasons:

  • adults are rights;
  • the adoption procedure was canceled;
  • money was used for other purposes;
  • the parent committed a crime against the child.

The Pension Fund has the right to file a claim for the forced return of the capital.

If the defendant does not have the opportunity to immediately return the amount spent, then he will be given a deferral for the execution of the judgment.

The FIU may also require materkapital in a situation where it considers the transaction to acquire real estate illegal, for example, if new real estate worsens, rather than improves, the living conditions of a family.

In this case, legal proceedings are also initiated. Parents will have to prove that the housing they have bought improves the family's situation.

In this case, not only the area of ​​the object will be taken into account, but also its location, the condition of the building, the available infrastructure, etc.

Re-obtaining the mother capital.

The legislation stipulates that a family receives a certificate only once. However, if the funds were not used for their intended purpose and were returned to the FIU, then it is allowed to receive them again.

But it should be borne in mind that this applies only to those cases when the capital was transferred to the state structure due to the impossibility of its implementation for objective reasons.

With the voluntary timely return of funds to the mother's account in the FIU, there are almost no problems with their reuse.

However, the implementation of the capital is strictly regulated by law, so it can only be sold for the specified purposes.

In practice, there are situations where the right to reuse funds has been proven through a court.

In case of forced withdrawal of maternity capital (in case of deprivation of parental rights or annulment of adoption), the funds are returned to the FIU.

It will be possible to obtain a certificate a second time only if all the conditions for this are met.

Conclusion.

The maternity capital program is considered essential support for families with children. The funds received from the state can be used for specific purposes, including the purchase of housing.

But situations often arise when the deal is canceled. In this case, the parents must return the funds or find another property that meets the established requirements.

If the FIU considers that the money was spent not for their direct purpose, then it can collect it in court.

Enterprising fraudsters carry out imaginary deals for the purchase and sale of housing and give out money in cash. As a result, the client receives cash and pays a certain percentage to the office to which he applied. In fact, there is no housing, the obligation has not been fulfilled, and the money has been received and spent. Subsequently, the FIU will ask the parents, not the criminals. Citizens are responsible for illegal actions and violation of the Law. They need to either return the money to the state, invest it as intended, or be punished. Swindlers who use maternity capital as a way to get cash are liable to a prison term of up to 10 years in prison. Parents, on the other hand, can receive a fine in the amount of 5 thousand or more. Conclusion and useful video The law on maternity capital has been in effect since 2007.

A non-standard situation: how to return maternity capital to a pension fund?

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Message No. 17 Now I'm going to beat my husband nafig: he sells, after 10 minutes he gives up, then again “let's sell”, then “we will hand over through an agent”, “we will sell through an agent”, “we will sell ourselves” .... Tsikuta Started by

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Message # 18 Violet wrote on 06 Jul 2016, 09:57: We have a mat.
capital invested in the house. I am also pondering this question, so that there is a side track, you never know ... We have not removed the encumbrance yet, we are pulling everything. We have been dragging on for a year already.

It does not bother us. Shares for the children have not yet been allocated, while the ownership of the husband is 100%. We will highlight the minuscule, minuscule, so that there is a way of retreat, so that you can sell if something happens.

however, how much should be a minuscule from 200 squares, I have not yet decided .... Do you have no deadlines in your commitment? Ours says “to allocate in six months”, the notary claimed that this is the standard wording ...

Is it possible to return the maternity capital back to the pension fund

One of the ways the Pension Fund recommends if you want to sell an apartment is the following way. Before selling real estate, you must open checking accounts for your children, in which you place funds equivalent to the value of their shares.

After that, apply to the guardianship and trusteeship authorities, and get a permit there to sell housing. After that, having sold the house, you can leave the money in the children's accounts, and in the future use it to pay for education without having to write an application for the disposal of the funds.

Return of maternity capital

Is it possible to give children a share in the ownership of a house, sell an apartment and return the maternity capital to the pension fund, and then use it to educate children? Answer: Hello! This is impossible, since the text of Federal Law No. 256-FZ of December 29, 2006 "On Additional Measures of State Support for Families with Children" does not provide for the right to refuse to use maternal (family) capital in the indicated direction - improving housing conditions. The only case of redirecting funds provided by law is the cancellation of the formation of the funded part of the pension and the direction of maternity capital funds for other purposes.

However, you can sell this home.

Attic

Attention

Federal Law of December 29, 2006 No. 256-FZ "On Additional Measures of State Support for Families with Children" establishes the right of women to receive money in the form of maternal (family) capital at the birth (adoption) of a second and third child, as well as men who are the only adoptive parents of the second, third child or subsequent children. At the same time, one of the possible options for disposing of maternity capital funds is to improve the living conditions of the family.

At the same time, it is not uncommon for a transaction aimed at purchasing a new home to fail for some reason, and the funds received from the maternity (family) capital are returned to the Pension Fund.

Is it possible to return the maternity capital to the state?

When the woman reappeared in the Pension Fund, they refused to re-carry out the procedure for issuing a certificate, because, according to the law, the payment can be made at a time and the amount that was due to her had already been transferred to the developer. As a result, the mother sues and wins the case. 2 Case.

Sale of housing in which the FIU funds were spent. Parents should invest in other properties as soon as possible.
In this case, their own share should be registered for children. A similar situation often arises when parents get divorced and begin to divide property. 3 Case. The money was not spent as intended. Grief-stricken parents who spent money on vacation, household appliances, toys, business or a car will have to return the money to the FIU.
The collection procedure is also carried out through the court.

How to return maternal capital to the pension fund

The developer, at the request of the buyers, returns the money to the FIU. The Pension Fund cannot re-issue maternity capital to the family.
IMPORTANT! When carrying out repair work related to the expansion of the area and improvement of housing conditions, you should keep all receipts confirming the costs. Documents will allow you to preserve your reputation and prove that the money was invested as intended.

The amount has been returned, can I use it again? If a developer, construction company or educational institution has issued a refund, which is rare, the maternity capital can only be returned through a court. Moreover, it will be a win-win if the parents, through no fault of their own, found themselves in a desperate situation, when the money was spent and the goal was not achieved.

How to return maternity capital to a pension fund

Now, if we entered into a sales contract, then yeah. In the meantime, a little was marked ... Personally, I'm definitely against the sale, my husband will also be marked and will come to the same conclusion Tsikuta Thread Starter

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Well, the capital has already been slapped there where it turned out not necessary. You need to love and praise yourself. Do not entrust such a responsible task to strangers! © Safira

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Post # 23 Safira wrote on 06 Jul 2016, 12:17: Tsikuta wrote on 06 Jul 2016, 12: 15: Yes, we haven't done anything yet. Well, the capital has already been slapped where it turned out not necessary This is yes, but then it is necessary to start with the purchase of an apartment altogether. We wanted a house and I offered to change over to a rented apartment, but no "How can we live without registration?" was the answer to me.

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Hello! We bought an apartment with a mortgage. The initial contribution was covered, including by maternity capital.

Now we want to close the mortgage agreement and get rid of this apartment. The loan amount is about 85% of the real value of the apartment. We found clients who wanted to buy it by taking out a mortgage loan from the same bank. But the bank refused the deal due to the existence of our commitment receipt that we undertake to register the shared ownership of all family members after paying for the apartment. We do not have the opportunity to pay for the apartment and rewrite the shares for the children. We want to return the maternity capital to the state, close the mortgage agreement and this is an obligation.

How to return maternity capital to a pension fund upon termination of the contract

How can you do this? Minimize Viktoria Dymova Support Officer Pravoved.ru Similar issues have already been considered, try looking here:

  • Return of maternity capital to the state, in case of divorce and division of property
  • Is it possible to invest maternity capital in the purchase of a domestic car?

Lawyers Answers (9)

  • All services of lawyers in Moscow Checking documents and contracts Moscow from 5000 rubles. Registration of ownership of real estate Moscow from 7000 rubles.

Due to the absence in the law of a normal procedure for the return of mother capital, you have to act at your own peril and risk. We have selected all the options for action proposed in this article taking into account the existing judicial practice. In a disputable situation, we recommend that you additionally study the jurisprudence in your region and consult with a lawyer. Also, be sure to contact your FIU branch and specify the procedure for your actions there. Perhaps the FIU has already faced a similar situation and knows how to act.

Is it possible to return maternity capital back to the Pension Fund

2 Case. Sale of housing in which the FIU funds were spent. Parents should invest in other properties as soon as possible. In this case, their own share should be registered for children. A similar situation often arises when parents get divorced and begin to divide property.

How maternity capital invested in a mortgage is divided in case of divorce

The provisions of family legislation determine that upon dissolution of the marriage union, the couple divides not only the objects of movable property and real estate, but also monetary payments. An exception to the general rule is a targeted government subsidy or allowance.

Mortgage with maternity capital and divorce: how it is divided, problems and their solution

Good day! My husband and I (this is my second marriage) bought an apartment using a mat. capital. We got a loan for two, but my husband is the main borrower. I am still on parental leave and have not returned to work. Because the loan was issued for two, then the apartment was issued for two. The notary gave us two obligations for my husband and me. The husband has two children from his first marriage, according to the obligation as it is written there, he must "register the property in the common property of mine, my spouse and children (including the first, second, third and subsequent children) with the determination of the size of the shares by agreement." Does this mean that he should allocate shares to his children from his first marriage? After all, they have nothing to do with it. It was on our joint child that we received a checkmate. capital. This is my second child, from my first marriage I have a daughter. I have not yet submitted my documents to the Pension Fund. Maybe the commitment needs to be redone?

Mortgages and maternity capital: is there - a hole - in the law

The essence of the problem is as follows. There is a clause in the law governing the procedure for allocating maternity capital that obliges parents to register an apartment in common shared ownership and include children in the number of owners. But in fact, it is impossible to immediately fulfill this norm. Few banks will give a mortgage loan if there are minor children among the owners.

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Return of maternity capital

Please tell me is it possible to return the maternity capital? The situation is this: a one-room apartment was bought using maternity capital. Designed, as expected, for all family members (parents have 1/10 shares, two children have 4/10 shares). The whole family is registered and lives in a private house (house 150 sq. M.). The ownership of the house is registered only to the father. No one is registered in the apartment and does not live. Is it possible to give children a share in the ownership of a house, sell an apartment and return the maternity capital to the pension fund, and then use it to educate children?

An excellent opportunity to give birth to children and purchase housing: repayment of the mortgage by the maternity capital

  • valid certificate;
  • the dwelling is located on the territory of the Russian Federation;
  • the loan agreement must contain the phrase "mortgage agreement" - the PFR will not send a subsidy for a consumer loan;
  • the subsidy has not yet been spent;
  • a loyal bank (not all of them agree to work with the parent capital, and the number of those who agree has now decreased);
  • good credit history;
  • availability of official work;
  • lack of other housing.

Mortgage in case of divorce from children: the fate of maternity capital

Regardless of who helped to pay off the debt, in case of a divorce and a mortgage with the parent capital, property and debt obligations are divided equally. Even if the husband did not contribute even 10% of the cost of the apartment, half of the price will have to be paid to him when dividing the property.

Is it possible to return maternity capital

Note that it is possible to return the maternity capital if, for example, the funds were originally directed to the formation of the funded part of the pension. The fact is that citizens can refuse to spend this capital if they later decide to use the money in some other way.

Is it possible to return maternity capital funds after the bank sells an apartment purchased on a mortgage

When you bought a three-room apartment, the children must have been registered there. Because when selling the first one-room apartment (part of the money was paid by the maternity capital and there must have been a child's share). And when selling the first apartment, the guardianship and guardianship authorities make sure that the child subsequently receives a share in the housing - therefore, a three-room apartment should also have a share of the child. But further, when the bank was selling such mortgage housing, there should have been a MANDATORY consent of the guardianship and trusteeship authorities for the sale of an apartment. If the child had a share in a three-room apartment, and the bank sold this apartment without the consent of the guardianship authorities, then you can try to go to court with the recognition of the transaction invalid.

How to divide a mortgage apartment in case of divorce from maternity capital

Please note: As noted in the review of the judicial practice of the Supreme Court of June 22, 2020 (paragraph 13), shares on housing purchased with the help of MK can be recognized as equal only based on the amount of payment of state support funds, and not the entire cost of housing as a whole. If the cost of housing significantly exceeds the amount of maternity capital funds, then an equal distribution of shares may not be established even by a court decision. And the cost of housing, as a rule, always exceeds the MK amount, since the target payment under the state support program is 453,026 rubles as of June 1, 2020, which is clearly not enough to buy an apartment or house not only in a large city, but also in the provinces. For clarifications from the Supreme Court, see the document below.

Questions to the lawyer

I have a maternity certificate, I want to use it to buy a home, my second child is already 3 years old. I found an apartment for purchase, but it is not the owner who sells it, but a proxy by power of attorney. He (a confidant) proposes to conclude a sale and purchase agreement with the following condition - the money is transferred not to the seller, but to his (trustee) account, while he showed me a power of attorney from the seller, there is a clause that he can sell housing on his own terms and get paid for it. I am afraid that the pension fund for some reason may refuse to transfer money, and I will be left with an unpaid contract. Yes, in this case, the contract of sale includes a clause on the payment of a fine or forfeit if the money is not transferred.

How to properly repay the mortgage by the parent capital in 2020 and the reasons why they may refuse to transfer money to the bank

Depending on the current status of the real estate object that the bank lends, and you are required to pay regularly, you may need copies of the certificate of registration of ownership in public authorities, the purchase and sale agreement, the agreement on equity participation in the construction of the real estate object. If you do not have them on hand, ask the bank for the necessary copies.

How the mortgage is shared with the parent capital in case of divorce

  • within the framework of the divorce proceedings in court, to raise the issue of the division of the mortgage loan between the former spouses due to the divorce, it will be necessary to draw up a new payment schedule based on a mutual decision to pay off obligations;
  • apply to the banking organization where the mortgage was issued, with an application for the provision of two loan products to both spouses in order to repay the mortgage, in a total amount equal to the balance of the debt: as a result, the mortgage loan will be repaid, and both spouses will be equally liable in the event of default on obligations;
  • continue the procedure for paying off the mortgage debt by agreement of both parties, without raising the issue of dividing housing.

Non-standard situation: how to return maternity capital to the Pension Fund?

How to get maternity capital in the Pension Fund, probably, almost all happy parents know. Today we will consider an unusual situation when maternity capital already received from the state has to be returned back. How to correctly return the maternity capital to the Pension Fund - tells the lawyer of the site "Vesti Prava".

When do you need to return the maternity capital?

In all cases when, after the transfer of the maternity capital from the Pension Fund, the transaction with his participation is broken, the contract is terminated and the money is returned. At the same time, the goal indicated in the application for the disposal of the mother capital is not achieved.

Probably the most common case is when maternity capital was used to improve housing conditions (through the down payment for an apartment in a building under construction, to pay off mortgage interest, etc.). The house was not handed over on time, and at the family council you decided to terminate the contract for participation in the shared construction. It turns out that you could not use the mother capital and did not improve your living conditions.

What is the difficulty with the return of maternity capital?

The main difficulty is that the law (Federal Law "On additional measures of state support for families with children") does not provide for the procedure for returning mother's capital at all. Even on the official website of the Pension Fund it is emphasized that the right to receive maternity (family) capital is granted only once. At the same time, you have the obligation to use the money received for the intended purpose. That is, you cannot not return them at all or use them for other needs.

Due to the absence in the law of a normal procedure for the return of mother capital, you have to act at your own peril and risk. We have selected all the options for action proposed in this article taking into account the existing judicial practice. In a disputable situation, we recommend that you additionally study the jurisprudence in your region and consult with a lawyer. Also, be sure to contact your FIU branch and specify the procedure for your actions there. Perhaps the FIU has already faced a similar situation and knows how to act.

What are the ways to return maternity capital back to the FIU?

  • The easiest option is if 2 months have not passed since the moment of filing the application for the disposal of the capital capital, and the Pension Fund has not yet managed to transfer the funds of the MSC for the purposes you indicated. In this case, you can write to the FIU a statement to cancel your application for the disposal of MSC funds (example from the FIU website). Please note that you can cancel an application for sending MSCs to pay off the principal debt or interest on housing loans within 1 month. The procedure for filing applications for cancellation is provided for in clauses 13-15 of the "Rules for submitting an application for the disposal of funds (part of funds) of maternal (family) capital" (order of the Ministry of Health and Social Development No. 779n dated December 26, 2008). With this option, you can submit a new application for disposal at least immediately and even indicate in it some other purpose of spending the MSC.
  • When sending maternity capital funds to the formation of the funded part of the mother's pension, you can refuse this option of using the MSC until the day the pension is assigned. To do this, you need to submit an application for refusal to the FIU.

If none of the above options suit you, judicial practice suggests 2 more ways for MSCs aimed at improving housing conditions.

  1. The maternity capital is returned to the FIU. You terminate the contract with the developer / seller of the apartment. He transfers you the entire amount paid for the apartment, including maternity capital.

    Is it possible to return maternity capital to the Pension Fund?

    You return the maternity capital to the branch of the Pension Fund that transferred it to you. It is also possible to prescribe in the agreement on termination of the contract with the developer / seller of the apartment that the amount of maternity capital is transferred to the PFR accounts by the developer or seller himself. When choosing this option, keep in mind that in order to re-sell the maternity capital, you will most likely have to go to court (read below).

  1. The maternity capital remains in the family. You keep the maternity capital for yourself and use it for its intended purpose as soon as possible, that is, strictly for the purposes that were indicated in your application for the disposal of the maternity capital. For example, you tried to improve your living conditions. In this case, find another suitable apartment and pay for it with the amount of the returned maternity capital. Be sure to keep all supporting documents in case you have to explain to the FIU. With this option, no one is insured from the court with the FIU, alas.

Is it possible to use it again after the return of maternity capital?

Yes, it is possible, because for the first time you did not manage to exercise your right and direct the capital for the purposes stipulated by the law. Unfortunately, due to the lack of procedures for the return of maternity capital in the law, it is likely that you will have to seek a second attempt to use it through the courts.

  • The “Review of judicial practice in cases related to the exercise of the right to maternal (family) capital” (approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016, clause 9) tells about the case of a mother from the Penza region, who had to terminate the equity participation agreement with the developer ... Upon termination of the contract, the construction company transferred the amount of maternity capital to the local Pension Fund. Later, my mother found a suitable apartment building and wrote to the FIU a new application for the disposal of the maternity capital. The Pension Fund refused to re-transfer the amount of maternity capital, citing the absence in the law of the possibility of disposing of capital even in the event of a refund. The courts restored the woman's right to maternity capital funds, since she never exercised her right to improve living conditions for her family.

What will happen if you do not return the maternity capital?

Be prepared for the Pension Fund or the local prosecutor's office, at its request, to file a lawsuit in court to recover the amount of maternity capital received from you. This is unpleasant, but quite understandable: you need to account for the targeted use of budget money. In court, you have several options:

  • provide documents that confirm the use of maternity capital funds for their intended purpose. For example, to buy another dwelling. The judge may inquire about the condition of this home (whether it is habitable, whether it has been recognized as hazardous), ask if you examined it before purchasing it, and also clarify whether the purchase of such a home led to an improvement in the family's living conditions (whether the area covered by for each family member). Sometimes the court also checks the location of the acquired dwelling: the purchase of emergency housing in a remote village without a kindergarten, a polyclinic and job prospects for parents is unlikely to be regarded as an improvement in living conditions. If the court considers your evidence to be reliable, the maternity capital will be left to you.

Read the court decision in the case of a mother from the Chelyabinsk region, who kept her maternity capital and spent it on the reconstruction of the garden house. Alas, the court did not agree with this option.

  • If your evidence does not convince the court, and it is established that you used the maternity capital funds for other purposes, you will be forced to collect the amount from you. For those who cannot return the entire amount of the mother capital at one time, there is an opportunity to ask the court for an installment plan for the execution of the decision (on how this is done: How to arrange an installment plan or a deferral for the execution of a court decision).
  • You can also always recognize the claims and return the money voluntarily. In the future, you will be able to apply to the FIU again with a statement about the disposal of the funds of the MSC that you have not used.

What to read about the return of maternity capital

  • Review of judicial practice in cases related to the exercise of the right to maternal (family) capital (approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016)

In the plot: How to spend maternity capital on housing? The Constitutional Court of the Russian Federation explained when maternity capital cannot become "daddy's" Maternal capital can be spent on the rehabilitation of disabled children

An article from the site "Vesti Prava" - legal decisions and advice from a lawyer. Cat-lawyer in Telegram and TamTam

Is it possible to return the maternity capital to the state? - Pravoved.RU

Hello!

We bought an apartment with a mortgage. The initial contribution was covered, including by maternity capital. Now we want to close the mortgage agreement and get rid of this apartment. The loan amount is about 85% of the real value of the apartment. We found clients who wanted to buy it by taking out a mortgage loan from the same bank. But the bank refused the deal due to the existence of our commitment receipt that we undertake to register the shared ownership of all family members after paying for the apartment. We do not have the opportunity to pay for the apartment and rewrite the shares for the children. We want to return the maternity capital to the state, close the mortgage agreement and this is an obligation. How can you do this?

Victoria Dymova

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  • Is it possible to use maternity capital to pay for the mortgage if the mortgage was issued in another marriage, and the ex-husband was a co-borrower, and so he remained, has nothing to do with the child? June 28, 2017, 21:36, question No. 1681417 2 answers
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How can maternity capital be returned to the pension fund? - Pravoved.RU

Hello!

I bought an apartment in marriage with a mortgage using maternity capital in 2013.

Due to financial difficulties and divorce, I was unable to pay the bank for the mortgage, and as a result, the bank takes my apartment from me, while warning that it will be necessary to return the maternity capital to the pension fund. Please tell me whether the maternity capital needs to be returned to both spouses or only to me alone.

Victoria Dymova

Support officer Pravoved.ru

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Pension calculator Calculate your future pension

How to return the maternity capital aimed at forming the funded pension?

Among the goals defined by the law for spending maternity capital, the last place is occupied by the goal of forming a funded pension. This goal can be chosen when other possible goals for which maternity capital can be directed, for example, to improve housing conditions or to educate children, are not considered or are not relevant.

If a mother chooses to spend maternity capital on the formation of a funded pension, she has the right to abandon her choice at any time, up to the moment of the appointment of a funded pension. Such a refusal may be motivated by the direction of maternity capital funds for other legitimate purposes in accordance with Law No. 256-ФЗ dated December 29, 2006 (Articles 10, 11, Part 2 of Article 12) and the Rules approved by Order of the Ministry of Labor of the Russian Federation No. 100n dated March 11, 2016 (p. 3). Let us consider the question of how to return the maternity capital aimed at forming a funded pension for its further use for other purposes.

Writing an application to the Pension Fund

You must write a statement on the refusal to send maternity capital funds for the formation of a funded pension to the territorial branch of the Russian Pension Fund of the Russian Federation at the place of residence. The content of the application is disclosed in clause 5 of the Rules. So, in the statement of refusal, you must indicate:

  1. The name of the PFR branch to which your application is addressed.
  2. Full name of the applicant, date and place of birth in accordance with the passport.
  3. Details of the passport or other identity document of the applicant: type of document, its series and number, data on the date of issue and by whom the document was issued.
  4. Information about the applicant's place of residence, that is, postal code, republic (or territory, district, region, district), name of the settlement, street, house, building, building and apartment number according to the data specified in the passport. If instead of a passport another document is indicated - registration data at the place of residence, according to this document.
  5. If the applicant is registered at the place of stay, the corresponding information on the entry in the certificate of registration at the place of stay is indicated.
  6. If the person actually lives at an address that does not match the registration address, the address of the actual place of residence is indicated.
  7. The number of the individual personal account of the insured person.
  8. Information about the certificate for maternal (family) capital: the series and number of the certificate, the date of its issue, the name of the issuing organization.
  9. Phone for feedback.

After completing the application, the applicant puts the date of filling and his signature with a decryption.

According to clause 6 of the Rules, if your representative submits an application on your behalf, the text of the application must contain information not only about the owner of the certificate, but also about the representative. In this case, the application is signed by the representative himself.

If the funded pension is formed through the Pension Fund of the Russian Federation, the applicant, in the substantive part of the application, must express a request to withdraw the maternity capital funds accounted for in the special part of the individual personal account.

If the applicant's funded pension is formed by the NPF, you write a request to return the maternity capital, namely the procedure for withdrawing funds from the funded pension account. The purpose of the revocation indicates the use of funds for other purposes, for example, for the education of children or for improving housing conditions. According to the Rules (clause 7), in the application you must indicate the following information:

  1. Selected purposes of spending maternity capital instead of forming a funded pension.
  2. The amount of the amount of maternity capital funds to be recalled (you can not revoke the entire maternity capital, but only part of the funds).
  3. Information that you have read and agree with the Rules for refusing to send funds to funded pensions and with the Rules for channeling maternity capital funds to a child's education or to improve housing conditions.

An application in accordance with clause 8 of the Rules is accompanied by documents in the form of originals or certified copies of a passport or other document proving the identity of the owner of the certificate and his representative.

The signature of the owner of the certificate on the application in accordance with clause 9 of the Rules is also certified by a notary.

Submission of a ready-made application and documents to the FIU

The applicant has the right to send an application to the branch of the Pension Fund at the place of registration, residence or stay. Documents can be sent both directly to the PFR department, and through the MFC or by mail with a list of attachments and a receipt acknowledgment.

In the same way, electronic applications are accepted on the PFR website in the personal account of the insured person. Registration of the application takes place automatically, in accordance with clauses 4, 4.2, 9 of the Rules.

How to return the maternity capital aimed at forming a funded pension, if the applicant at the time of sending the application lives abroad and does not have a place of residence in Russia, he has the right to send his application and copies of documents directly to the FIU, in accordance with paragraph 3 of the Rules.

After sending the application in electronic form, the official of the branch of the FIU that accepted the application, within the next working day, will send you or your representative, if he sent the application, an electronic notification, which will indicate the fact of receipt of documents and the date of receipt for the submission of original documents accompanying statement. The date of admission, in accordance with clause 4.2 of the Rules, is appointed no later than five working days after the documents are received by the PFR body.

Waiting for the decision of the FIU body on your question

The FIU examines your application and documents and, if it finds no grounds for refusal, makes a decision on satisfying the application. This process takes up to three months from the date of registration of the application with the PFR authority (see subparagraph "a" of paragraph 18 of the Rules).

The rules (clause 19) define the following list of grounds on which the FIU may refuse to satisfy your application:

  1. If the applicant initially did not send the maternity capital funds to the formation of the funded pension.
  2. If a woman has previously exercised her right to refuse to send maternity capital funds to form a funded pension, in connection with which there are no funds on the funded pension account or in the special part of the individual personal account.
  3. If a woman in her application indicated an amount greater than that available in the retirement account of her funded pension or in a special part of the individual personal account.
  4. If the woman has already been assigned a funded pension.

If you receive a refusal, you can apply for a refund of maternity capital funds again, when the circumstances, on the basis of which the FIU refused you, cease to operate (see paragraph 21 of the Rules).

From the moment the FIU makes a decision on your application, within five working days, you will be sent a copy of the decision, which will indicate the amount of funds in relation to which the FIU made a decision to satisfy the application or refuse (clauses 22 and 29 of the Rules).

If the application is satisfied within seven working days, you will receive a notification of the receipt of maternity capital funds to the PFR account (clause 30 of the Rules).

If you have submitted an application for refusal to send maternity capital funds for the formation of a funded pension, then within seven working days from the date of submission of this application you have the right to cancel it, for which it is enough to submit a corresponding application to cancel the first application. At the same time, in accordance with clauses 23 - 27 of the Rules, you have the right to refuse to send funds for the formation of a funded pension again by submitting the following application.

Is it possible to return maternity capital back to the Pension Fund?

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Return of maternity capital

Parents spend family capital on improving housing conditions, but do not endow their children with shares. With the subsequent sale of an apartment, such actions are qualified as cashing certificates. Meanwhile, the state, which had not previously transferred control powers to any of the departments, begins to record the first violations. The prosecutor's office became interested in information about the infringement of children's rights.

When using maternity capital funds to buy an apartment or build a house, parents have a choice - to immediately rewrite part of the purchased apartment for the child or to do it in the future. If the parents are in no hurry to endow the child with a share, then they sign a notarial deed to do so within six months after the purchase. The size of the share is not regulated by law. It can be either 1/100 of an apartment or 1/1000, lawyers say.

The reason why parents shirk their responsibilities is that it is too problematic to sell an apartment where one of the owners is a minor. To do this, it is necessary to give the child a share in another apartment, to obtain a sale permit from the guardianship authorities. To avoid complications, parents prefer not to expand on the fact that they have not fulfilled their obligations.

The legislator has not endowed either the Pension Fund or the guardianship and trusteeship authorities with powers to monitor compliance with the notarial obligation. The question of who should control the execution has been raised more than once. However, the legislative gap still allows the unhindered sale of apartments burdened with children's rights.

Meanwhile, for the buyer, the purchase of such a home can threaten with great trouble. A precedent has taken place when the new owner almost lost his honestly purchased apartment.

“There is a specific example. The family, in which there are two adult children, has a third child. Housing conditions allowed - the family had a four-room apartment. They had no interest in improving their living conditions. With this money, they decided to buy an apartment for their grandmother. The Pension Fund approved the purchase of this apartment. They bought the apartment, but my grandmother refused to move. And this apartment became unnecessary. According to the rules, the child had to be given a share in this apartment. But no one did this, and the apartment was put up for sale. It was bought on a mortgage by a family with one child. The loan was paid regularly. A few years later, a second child was born in the apartment. The balance of the loan debt was decided to be repaid by the parent capital. The bank gave a positive opinion. When the Pension Fund presented a certificate for payment, it turned out that this apartment was encumbered with the rights of another child who was not given a share. The Pension Fund did not allow cash out of maternity capital for the purchase of this apartment. Moreover, the Pension Fund wrote a statement to the prosecutor's office, the prosecutor's office reached out to all participants in the transaction. This action was classified as misuse of budget funds. It all ended well as all parties were motivated to resolve the issue. They voluntarily terminated the sales contract and the original seller gave the child a share in the apartment. ”

In addition, bona fide purchasers can be hit from another side. Even if the Pension Fund had not figured out the violators, in the future the children themselves can claim their rights to the apartment. They will be able to challenge the deal in court immediately after reaching the age of majority.

Tatiana Safarova, lawyer of the Academy of Sciences "LiKom":

"The maximum limitation period in transactions where the rights of minors are infringed - 10 years - begins from the moment the child reaches the age of majority."

Meanwhile, if the parents hide the fact of using the certificate, it is practically impossible for the buyer to find out about the child's rights to the apartment. The Pension Fund does not disclose data on which apartments were purchased with the participation of the capital. Realtors have to calculate such objects by indirect signs.

Olga Melnikova, real estate specialist, Novosel Academy of Sciences:

“It's good if the purchase and sale agreement contains a reference to the fact that the apartment is being bought with the participation of maternity capital. If this is not specified in the contract, then the buyer may simply not know about it. When I buy an apartment for my clients, the first thing I do is find out about the number of children and when they were born. If their date of birth falls within the scope of this program, then there is a high probability that the family capital was used. "

However, the documents do not always give a complete picture. So, for example, in the story with the family, which was described above, the mother's passport did not contain information about two adult children (passport replacement at 45). In the woman's document, only the last, third child was listed. The title deed did not contain information about the mortgage (a loan was issued for the purchase). Lawyers recommend requiring written guarantees from the seller for reliability.

Lyudmila Plotnikova, lawyer of the UPN:

“Citizens come to the reception and ask how to be in this situation, how to check whether the capital has been used or not. For example, the owner has two small children, the apartment was bought with a mortgage, not a word has been said about maternity capital. What I recommend is that the first moment is to take a letter of guarantee from the sellers that they guarantee that there will be no receipt of funds at the expense of the mother capital. The second point, I recommend that buyers ask sellers to get a certificate from the bank that the mortgage loan was repaid without maternity capital funds. "

If the seller deceives the buyer, and the children present the rights to the apartment in the future, then the buyer will have a chance to prove their good faith in court. It is possible that the court will redirect the children's claim from the buyer to the parents who have not fulfilled their obligations.

Meanwhile, experts are confident that there is a way to identify apartments with unfulfilled notarial obligations. Such objects should be subject to mandatory encumbrances, information about which should be stored in the unified state real estate cadastre. Information about the apartment will be reflected in the certificate from the Unified State Register. True, for this, changes must take place at the legislative level. And today in the State Duma, such initiatives were not even submitted for consideration.