Single mother: who is considered by law and up to what age of the child

Free legal advice:

Single mothers, as before, have the right to apply for and receive benefits and privileges that are not available to parents raising children in two-parent families.

Table of contents:

Federal Law No. 81 “On state benefits for citizens with children” establishes the provision and conditions for receiving benefits.

Benefits for single mothers are provided in almost all spheres of society. This provides them with social security and additional opportunities and guarantees, both for themselves and for their children.

Benefits in the labor sphere

Women raising children on their own can count on some privileges from their employer.

Attention! Labor benefits for single mothers per year are enshrined in the Labor Code. A woman can sue her boss if he systematically violates her rights prescribed in the legislation of the Russian Federation.

Free legal advice:

These rights include:

• if the staff in her organization is reduced, a woman raising a child under 14 years old alone cannot be fired;
• employers cannot refuse to hire a single mother, citing the fact that she has children;
• single mothers can take additional unpaid leave for at least 14 days;
• in the event of complete liquidation of an organization in which a single mother works, the employer is obliged to provide her with a job no worse than her previous one in another institution (enshrined in Decree of the President of the Russian Federation of June 5, 1992 No. 554 “On compulsory employment of certain categories of workers during liquidation enterprises, institutions, organizations");
• if the child is under 14 years old, then his mother can apply for part-time work;
• sending a woman on a business trip to raise a child without the help of his father is possible only after obtaining her consent in writing;
• Women raising a child under five years old cannot be recruited alone to work at night, on weekends and on holidays;
• If a single mother is dependent on a disabled child, she is entitled to 4 additional paid days off monthly according to a convenient schedule. It is prohibited to transfer holidays to subsequent months.

Payment for sick leave for a single mother is carried out in the same way as payment for sick leave for women in two-parent families. There are no additional privileges established at the federal level.

Features of dismissal

According to the Labor Code, an employer does not have the right to fire a single mother who has a dependent minor under 14 years of age or a disabled child under 18 years of age. This also applies to staff reductions at the enterprise.

An exception is possible in the following cases:

• upon liquidation of an enterprise;
• if an employee does not fulfill his job duties, there must be documentary evidence, for example, an official penalty);
• violation of labor discipline and job responsibilities (absenteeism, tardiness, disclosure of official information);
• providing false information during employment.

Important! Labor legislation fully protects the rights of single mothers. If employers violate the rights of a single mother, before going to court, she can write a complaint to the Labor Inspectorate of her city. Specialists of this organization are obliged to conduct an inspection and take measures to prevent violations.

Free legal advice:

Tax benefits and privileges

A single parent raising a minor child can reduce their tax deduction from their monthly earnings by exactly half. To obtain such a right, you need to contact the accounting department of the enterprise with a certain package of documents.

The package of documents includes:

• child's birth document;
• a document containing information about divorce or marriage;
• if a minor is studying at school, going to kindergarten or college, then a certificate confirming this fact will be required;
• if less than a year has passed since starting a new job, then a Form 2-NDFL certificate from the previous organization where the woman worked will be required;
• if the baby is disabled, then you need to submit a document about his health containing information about his disability.

The amount of double tax deduction in 2018 was:

Source: http://lgoty-vsem.ru/lgoty/lgoty-i-privilegii-materej-odinochek.html

Until what age of a child is a mother considered single in Russia?

Single mother and benefits: work, housing, taxes

First, let's define who can be considered a single mother. Despite the fact that the concept of “single mother” is widely used in family and labor law, it is not clearly formulated in legislation.

Our expert on family and labor law, Ivanova Irina Ivanovna, based on the norms of family law on establishing the origin of children, gives the following definition: a single mother or single mother is a woman who has given birth and is raising a child and is not married.

At the same time, in the registry office, in the book of birth records, the surname of the child’s father is recorded according to the mother’s surname, and the name and patronymic of the child’s father - according to her instructions (clause

Free legal advice:

3 tbsp. 51 RF IC). In other words, a single mother is a woman whose child’s father has not been officially identified.

He has no responsibilities towards the mother and child.

having given birth to and raising children out of wedlock; divorced people or widows who have children not born from their husband before or after the dissolution of marriage or the death of the husband, provided that there is no entry about the father in the child’s birth certificate or the entry was made at the direction of the mother; who adopted a child without being married.

Women who are raising children from their ex-husband alone (even if for some reason they do not receive alimony), as well as unmarried women raising a child whose paternity has been established in court or recognized voluntarily, are not recognized as single mothers.

However, one can be considered a single mother even after marriage.

If in the child’s birth certificate there is a dash in the “father” column or the father is written down according to the mother, and then she got married, then she does not lose the status of a single mother in relation to her child.

The monthly child care allowance for a single mother is paid at an increased rate.

However, if the spouse, after registering the marriage, adopts a child, then the woman will lose the right to receive additional benefits as a single mother.

• a single gross violation of labor duties (absenteeism, appearing at work in a state of intoxication, disclosure of secrets protected by law, theft, violation of labor protection requirements, if this entailed serious consequences);
• liquidation of an enterprise or termination of the activities of an individual entrepreneur;
• committing guilty actions if this gives rise to a loss of trust on the part of the employer.
• repeated failure to fulfill job duties without good reason, disciplinary action;

In all other cases, single mothers can rest easy: they are not threatened with dismissal due to layoffs.

Free legal advice:

due to inadequacy of the position held due to insufficient qualifications, as a result of a change in the owner of the organization’s property, or termination of access to state secrets.

In addition, the Labor Code of the Russian Federation does not specifically say whether an employer can fire a single mother due to the expiration of a fixed-term employment contract.

In Art. 261 only talks in detail about the specifics of terminating a fixed-term employment contract with pregnant women. According to Art. 79 of the Labor Code of the Russian Federation, the employer must warn the employee in writing about the termination of the employment contract due to its expiration no later than 3 calendar days before dismissal.

If this does not happen, then the employee is considered to be hired under an open-ended employment contract, and then dismissal will be carried out according to the general rules.

Based on this, we can conclude that after the expiration of the employment contract with a single mother, the employer must employ her. Secondly, a single mother.

raising a child under 14 years of age (as well as a father raising a child under 14 years of age without a mother) may be granted additional annual leave without pay for up to 14 calendar days at a time convenient for her.

This leave, upon the written request of the employee, can be added to the annual paid leave, or used separately in full or in parts. This leave cannot be transferred to the next working year (Art.

Free legal advice:

263 Labor Code of the Russian Federation). Thirdly, a single mother or single father raising children under 5 years of age cannot be required to work at night, overtime, or work on weekends and holidays without their consent (Art.

259 of the Labor Code of the Russian Federation). Refusal of such parents to work at night is not considered a violation of labor discipline.

Fifthly, the employer does not have the right to refuse to hire or reduce the salary of such a mother due to the presence of children (Article 64 of the Labor Code of the Russian Federation).

If a single mother raising a child under 14 years of age is refused employment, the employer is obliged to provide her with a written reason for the refusal.

A lawyer can appeal this document to the judicial authorities. Sixthly, single mothers are issued sick leave for child care for a longer period than other mothers, and are paid in the amount of % of earnings (depending on work experience) from the 1st to the 10th day, 50% of earnings from the 11th to the 15th day.

(Article 183 of the Labor Code of the Russian Federation, Federal Law of December 29, 2006 N 255-FZ

“On compulsory social insurance in case of temporary disability and in connection with maternity”

Source: http://lotosm.ru/mat-odinochka-do-kakogo-vozrasta-rebenka/

Who is considered by law to be a single mother in Russia in 2020

The number of single-parent families in the Russian Federation is growing, and usually the mother remains the only breadwinner for children. For monetary assistance, she turns to the state to receive benefits and benefits that are established by law for single mothers.

How to obtain single mother status in 2020 is of interest to many women, since they have benefits in almost all areas of life. There is Federal Law No. 81 of May 19, 1995 “On state benefits for citizens with children”; it regulates the basic benefits and payments that parents, including single mothers, can apply for.

Who can get single mother status?

Who is considered a single mother in the Russian Federation? It can be called a woman whose father is not registered in the document about the birth of a child.

Other signs:

• the paternity of a particular citizen has not been established in court, on the basis of evidence, especially the results of DNA testing, that is, there is no judicial determination on this issue;
• more than 300 days have passed since the divorce between the spouses;
• there is no statement from both parents during the procedure for registering a newborn at the registry office;
• a woman who carried out the procedure for adopting a child, at this time, without being in a marital union;
• children appeared to a woman who, at the time of their birth, was not in a registered marriage union.

Attention! Many people mistakenly believe that if a woman divorced the father of her children, then she can legally be considered a single mother; this is not so.

When she was left alone with the children as a result of a divorce, it means that a certain person is listed in the paternity section of the children's birth documents.

And this factor no longer gives the right to call her a single mother, even if the father, after the divorce, does not take part in raising the children.

When registering a child with the civil registry office, the woman is issued a certificate in form No. 25, which confirms that the mother is the only parent.

The surname of such children is assigned to the mother's, and in the father column, at the woman's request, a dash is entered or the information she provides is written down.

Important! If the certificate was not issued on the day the children were registered, the woman has the right to apply for it on any day. Employees, having received all the documents, are required to issue a certificate even after the lapse of time.

Legislative consolidation of status

As of 2020, there is no definition of a single mother in the law.

There is a definition of a person with family responsibilities and a single parent raising a child on their own. These concepts are enshrined in the Resolution of the Plenum of the Supreme Court of the Russian Federation of 2014, which regulates the work of persons with family responsibilities raising young children on their own. The main signs of the status of a single mother, according to the above document:

• the presence of responsibilities for the upbringing and development of the child;
• providing actual child care;
• the father died, was deprived of parental rights, had limited parental rights, was declared missing, and incompetent.

Attention! Legally, the definition of a single mother is applied only in the field of labor law; it does not allow a woman to receive social benefits.

The key point for using benefits in the field of labor law for mothers is that she alone raises, educates, and feeds her children. She doesn't even need to have an ID to enjoy these privileges.

Download for viewing and printing:

In 2020, the Labor Code provides many benefits for single mothers. For example, when reducing the number of employees, it has an advantage, and there are also many incentives and benefits when organizing the working day.

Read also: Marriage of minors: entry and dissolution of marriage

Who cannot apply for status

Women who are not eligible to receive this status:

• if she was left alone after the divorce, the father is recorded in the corresponding column in the birth certificate;
• the paternity of the children was established in court or voluntarily;
• the child appeared before the expiration of 300 days from the date of divorce or other circumstances, for example, the death of a spouse (Part 2 of Article 48 of the Family Code of Russia).

Receiving benefits for single mothers in 2020 in the Russian Federation is more profitable and easier than trying to establish paternity and seeking to formalize child support obligations for the father.

How to obtain single mother status? Some believe that receiving a certificate in Form No. 25 is already the basis for recognizing such status, but everything is not so simple.

To assign the status of a single mother and receive her benefits and other payments, you need to contact the social protection department or MFC with a certain list of documents. A certificate in form No. 25 will only be confirmation that a woman can be classified as a single mother.

Required documents

To obtain the status of a single mother, you need to contact the department of social protection of the population or the MFC for registration with a certain list of documents. Such documents include:

• a statement written by a woman demanding that she receive this status;
• children's birth certificates;
• the applicant's passport or other identification document;
• a certificate stating that the child lives with his mother, and not with his father or another person (can be ordered at the passport office);
• documents indicating the applicant’s income for the last three months preceding the date of application;
• a certificate in form No. 25, a decision of a judicial authority or another document confirming the fact that this person belongs to the category of single mothers;
• documents confirming the presence/absence of other family income (certificates from school/kindergarten);
• account details for transferring benefits;
• documents confirming the absence of a father in children.

After submitting documents to obtain single status, she will have to wait for the decision of the authority’s employees, which they must make no later than 10 days from the date of their receipt.

If the applicant’s request receives a positive response, a certificate will be issued that will confirm the rights of a single mother.

Denial of the right to receive benefits

When submitting documents, it is not always possible to receive a positive response.

If, after reviewing the documents, the answer is negative, then a notification will be sent in which the refusal will be clearly justified. Employees have no right to refuse without explanation. Such a decision, according to the legislation of the Russian Federation, can be appealed in court if there are grounds for this.

A woman’s status as a single mother can be removed in the following cases:

• when she got married and her new husband adopted her children;
• if the documentation that a single mother submitted to the social security authorities to apply for benefits contains false information.

Pros and cons of acquiring single mother status

In addition to receiving benefits and benefits from the state, a woman who has registered the status of a single mother may notice the emergence of positive or negative aspects when making certain transactions or completing documentation.

This may concern both herself and her minor child.

Pros of becoming a single mother

• receiving benefits in many areas: labor relations, social;
• free movement of children. For example, there is no need to obtain permission from the father for the child to travel abroad. Such a problem always arises between parents, even despite the fact that the father, not wanting to participate in upbringing, simply does not allow him to go to another country, due to tense relations with his mother;
• if the mother’s new husband wants to adopt a child, the consent of the biological father will not be required;
• the father will have no rights to support his child in his old age.

Attention! This is a very controversial topic in the Russian Federation, but there are quite a lot of cases where a man made demands on his adult child regarding his maintenance. This cannot be called fair, since he himself did not take part in the upbringing and did not help his child with money.

Negative aspects in acquiring status

• a woman does not have the right to sue for alimony until the man officially recognizes the child as his own. If this happens, the single mother’s status will be removed and she will no longer be able to qualify for payments from the state.
• children are deprived of the right to inherit property from their father and his close relatives.

Important! A single mother needs to think carefully about what will be more profitable and better in her case: receive benefits from the state and have full rights to her children, or wait for alimony from their father, which may never come.

Attention! In the Russian Federation in 2020, benefits and payments to single mothers, although not large, are there. A woman who has received the status of a single mother can always apply for them. To do this, you need to fill out all the documents and receive a certificate certifying this fact.

Currently, in the Russian Federation the attitude towards single mothers is no longer the same as before. If previously it was believed that there would be at least some kind of father, now such opinions are becoming less and less common. The mother should always take into account the interests of the child, and obtaining single status will help when registering him for kindergarten and will make it easier to resolve other issues.

• 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 on our website.

Last changes

Our experts monitor all changes in legislation to provide you with reliable information.

Subscribe to our updates!

Video about what a single mother is entitled to by law.

Source: http://lgoty-vsem.ru/lgoty/status-materi-odinochki-po-zakonu.html

Single mom and the law. Single mother

Content:

Considering that single mothers have a much more difficult time than two-parent families, the state has legislatively provided for them various benefits and guarantees. Unfortunately, many single mothers still do not know their rights or learn about them too late.

Who is recognized as a single mother?

A mother is not considered single if the child has an official father. In this case, these words mean that a person is entered on the birth certificate as the father of the child, even if he is not his biological parent. Let's look at such situations.

If the spouses are in a registered marriage, then the father of the child is considered to be the husband of the child’s mother, unless otherwise proven. A record of the child's father is made on the basis of a marriage certificate at the request of one of the parents.

The registry office will register the child in the name of the spouse, and such a mother will not be considered single, even if the child is not the child of her husband. Also, the former spouse is considered the father if no more than 300 days have passed since the divorce or recognition of it as invalid, as well as since the death of the husband.

Paternity is certified by a record of their marriage (clause 2 of article 48 of the Family Code of the Russian Federation - hereinafter referred to as the RF IC). In this case, the child is registered in the name of the former spouse, and such a mother is not considered single. If less than 300 days have passed since the death of the parent, then such a mother is also not recognized as single.

The child is registered in the name of the deceased, and the family is provided with benefits in connection with the loss of a breadwinner. If the child’s father has been deprived of parental rights, then in this case the mother is not considered single.

If the child’s parents are not in a registered marriage, then information about the father is entered on the basis of the act of establishing paternity, but on the condition that paternity is established simultaneously with the registration of the child’s birth. In this case, a joint statement from the parents is required. This voluntary establishment of paternity means that the woman is not a single mother, even if the man does not live with her.

In the event of the death of a person who recognized himself as the father of the child, but was not married to the child’s mother, the fact of recognition of paternity by him can be established through special legal proceedings (Article 50 of the RF IC, paragraph 4, paragraph 2, Article 264 of the Civil Procedure Code Russian Federation - hereinafter referred to as the Code of Civil Procedure of the Russian Federation).

Also, both mother and father can establish paternity in court if, for example, a woman refuses to register paternity voluntarily or the child’s father refuses to recognize himself as his parent (Article 49 of the RF IC). If paternity or recognition of paternity is established in court, the woman will not be considered a single mother.

Thus, single mothers include women if there is no record of the father at all on the child’s birth certificate or such information is written solely at the direction of the mother, and not a joint statement with the child’s father.

Pros and cons of a dash on a birth certificate

Some registry offices recommend that single mothers not write even a fictitious father on the birth certificate, just put a dash through. This will free you from a number of problems in the future. Let's say you decide to vacation abroad.

Since, in accordance with the RF IC, parents have equal rights and bear equal responsibilities in relation to their children, for the trip you will need the notarized consent of the second parent that he does not object to the trip.

In this case, a dash in the birth certificate will save you at customs from having to explain that the “father” is fictitious. Another example: if the parents are registered at different addresses, then in order for the child to be permanently registered with one of them, the consent of the second parent is required that he is not against such registration.

Or you decide to get married and your future husband wants to adopt your child, or go for permanent residence abroad - in all these cases, the consent of the father included in the document is required.

There are still many situations in the law when the consent of the father or second parent is required to perform any actions that concern the child. Thus, if the child does not have a father, then there is no need in each case to write joint statements or go to a notary.

But there is also another side to the coin. So, for example, a child does not have the right to alimony, since only the parents have alimony obligations, and this must be documented. In addition, in accordance with the Civil Code of the Russian Federation, children are classified as heirs of the first priority. But the child will not be able to inherit property from the actual father if there is no official record of this anywhere.

Now let's move on to the benefits. I must say that there are not very many benefits for single mothers, but they exist.

State benefits

State benefit for a child until he reaches the age of sixteen (for a student of a general education institution - until he completes his studies, but not more than until he reaches the age of eighteen) in families with an average per capita income, the amount of which does not exceed the subsistence level in a constituent entity of the Russian Federation, established in accordance with the Law on the Living Wage (Law on State Benefits for Citizens with Children dated May 19, 1995 No. 81-FZ), is 70 rubles. The monthly child benefit increases by one hundred percent for children of single mothers, i.e., it amounts to 140 rubles.

In order to receive this benefit, you must contact the social protection authorities at your place of residence.

Documents required to apply for the benefit:

• statement;
• child's birth certificate;
• a certificate from the Housing Office stating that the child lives with the parent;
• employment history;
• savings book;
• parent's passport.

Information about family income is indicated in the application in writing. Requesting other documents on income is not allowed.

Notification of the assignment of a monthly child benefit or the refusal to assign the specified benefit must be sent to the applicant by the social protection authority no later than 10 days after the application.

If additional verification of information about family income specified in the application is necessary, within the period specified above, the social protection authority must give a preliminary response notifying that such a verification has been carried out.

When conducting an additional check, the final response on the appointment or refusal of monthly child benefits must be given to the applicant no later than 30 days after the application.

The applicant may appeal the refusal to assign a monthly child benefit to the higher social protection body that assigns and pays this benefit, and (or) in court.

Benefits when paying benefits for caring for a sick child

For single mothers, there are differences in the payment of benefits for caring for a sick child.

For inpatient treatment, such a benefit is assigned in an amount determined depending on the length of continuous work experience of the person caring for the child.

For outpatient treatment - for the first 10 calendar days for single mothers, depending on the length of continuous work experience, and starting from the 11th day, the benefit is calculated in the amount of 50% of earnings, regardless of the length of continuous work experience.

A benefit for caring for a sick child under 7 years of age is issued to the mother for the entire period of outpatient treatment or joint stay with the child in a hospital institution, and a benefit for caring for a sick child aged 7 to 15 years is issued for a period of no more than 15 days, if according to a medical report, no longer period is required (Regulations on the procedure for providing benefits for state social insurance).

Read also: Giving a spouse a share of an apartment: tax during marriage

Labor benefits

The Labor Code provides guarantees for single mothers upon termination of an employment contract at the initiative of the employer. With this category of employees, termination of the employment contract is not allowed on the following grounds:

• reduction in the number of employees;
• the employee’s inadequacy for the position held due to insufficient qualifications;
• change of owner of the organization's property;
• making an unreasonable decision by the head of the organization, his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
• termination of access to state secrets if the work requires such access.

When an enterprise is liquidated, single mothers are provided with guarantees.

Thus, Decree of the President of the Russian Federation dated June 5, 1992 No. 554 “On compulsory employment of certain categories of workers during the liquidation of an enterprise, institution, organization” established that during the liquidation of an enterprise, institution, organization, compulsory employment of dismissed pregnant women, as well as women with children in under 3 years of age, single mothers with children under 14 years of age or with a disabled child under 18 years of age is carried out by his legal successor. The woman's subsequent employment falls on the shoulders of her employer.

If the collective agreement guarantees the provision of additional annual leave without pay (Art.

263 TKRF), then, at the request of a single mother raising a child under the age of 14, she should be granted additional annual leave without pay at a convenient time for up to 14 calendar days.

Such leave can be added to annual paid leave or used separately - in full or in parts. Transferring this leave to the next working year is not allowed.

A working single mother raising a disabled child is provided with 4 additional paid days off per month.

Tax benefits

Certain benefits are also provided for by tax legislation. In accordance with paragraph 4, paragraph 1, art.

218 of the Tax Code, taxpayers are provided with a standard tax deduction in the amount of 300 rubles for each month of the tax period for each child of taxpayers who support the child, who are parents or spouses of parents, trustees.

This benefit is valid until the month in which their income, calculated on an accrual basis from the beginning of the tax period (in respect of which the tax rate established by paragraph 1 of Art.

224 of the Tax Code) by the employer providing this standard tax deduction exceeded 20,000 rubles. Starting from the month in which the specified income exceeded 20,000 rubles, the tax deduction provided for by this article is not applied. For single parents, this deduction is provided in double amount.

• In the Tax Code of the Russian Federation, a single parent is understood as one of the parents who is not in a registered marriage, that is, a single mother can count on a double deduction only before marriage.
• A single mother has the right to receive a tax deduction for the expenses of raising a child until he or she reaches the age of 18.
• For example, your salary is 5,000 rubles.
• If you do not provide the child’s birth certificate to the accounting department, you will receive 78 rubles less, that is: They will deduct from your salary: 5000 × 13% (income tax) = 650 rubles.
• Receive in your hands: 5000 - 650 = 4350 rubles.
• If the documents are provided: Tax (preferential) deduction: 5,000 - (300×2) = 4,400 rubles. Income tax: 4400×13% = 572 (withheld from salary)
• Receive in your hands: 5000 - 572 = 4428 rubles.
• If the salary is 5,000, then the deduction will be provided from January to April inclusive, since from May the income will exceed 20,000 rubles.

Housing guarantees

In accordance with paragraph 8 of Article 36 of the Housing Code of the RSFSR (LC RSFSR), residential premises are primarily provided to single mothers, but only if they need improved living conditions. Article 29 of the Housing Code lists the grounds for recognizing citizens as needing improved housing conditions. These categories include:

• citizens whose provision of living space per family member is below the established level;
• citizens living in residential premises that do not meet sanitary and technical requirements;
• citizens living in apartments occupied by several families, if they include patients suffering from severe forms of chronic diseases in which living together is impossible;
• citizens living in adjacent non-isolated rooms for two or more families in the absence of family relationships;
• citizens living in dormitories, with the exception of seasonal and temporary workers, as well as in connection with training. To obtain the right to priority provision of housing, you must contact the local authorities at your place of residence and register as a person in need of improved housing conditions.

When evicted from service residential premises, single mothers along with their minor children must be provided with another residential premises (Clause 12, Article 108 of the RSFSR Housing Code). Eviction without provision of other accommodation is not permitted.

Social guarantees

In accordance with the Decree of the Government of the Russian Federation dated July 1, 1995 No. 677 “On approval of the standard regulations on a preschool educational institution,” children of working single parents are first admitted to a preschool educational institution. Payments for the maintenance of children of single mothers in preschool institutions have been reduced by 50%.

Regulatory and legal acts of constituent entities of the Russian Federation may provide additional benefits for this category of citizens.

Benefits in Moscow

Each subject of the Russian Federation can additionally accept benefits for single mothers. So, in Moscow, in addition to the federal ones, there are additional benefits.

For many years, the Moscow government has been adopting a Comprehensive Program of Social Protection Measures for its residents. This program provides for the amount of subsidies and payments to families with children. As for single mothers, the following benefits are provided for them.

Monthly compensation payment for children to single mothers with average per capita income:

• below the subsistence level (receiving benefits from the Russian Federation) 500 rubles;
• above the subsistence level - 170 rubles.

Single mothers are also entitled to a monthly compensation payment for food for children under three years of age, regardless of their average per capita income, in the amount of 500 rubles. This primarily applies to large and student families, families with disabled children, conscripted military personnel, as well as cases where a parent is wanted for non-payment of child support.

In addition, Moscow Government Decree No. 199 PP dated April 6, 2004 established an additional one-time benefit for young families in connection with the birth of a child.

But it must be said that single mothers under 30 years of age who are registered at their place of residence in Moscow also have the right to receive this benefit.

The amount of this benefit depends on the order of birth of the child and is:

• at the birth of the first child - five times the subsistence minimum established by the Moscow Government per capita, i.e. 3611.45×5= 18057.25 rubles;
• at the birth of a second child - seven times the subsistence minimum, i.e. 3611.45x7 = 25280.15 rubles;
• at the birth of the third and subsequent children - ten times the subsistence minimum, i.e. 3611.45x10 = 36114.5 rubles.

Also, for single mothers, benefits are provided for tuition fees in children's art schools (music, art and others) of the Moscow Committee for Culture system. The amount of payment for children of a single mother is 30% lower than the usual payment.

The benefit applies to art school students until they reach the age of 18.

In cases of studying at art schools for citizens who have reached the age of 18 and have a disability of the 1st or 2nd group, the amount of tuition fees is reduced by 30% (Order of the Committee on Culture of the Moscow Government dated May 6, 2002 No. 205).

1. Children of single mothers can also take advantage of free school meals, for example, the cost of breakfast for students in grades 1-4 is 12-14 rubles per day, and two meals a day for students from large and socially vulnerable families (breakfast, lunch) will cost the Moscow budget 37-44 ruble per day.
2. In any case, if a single mother wants to receive any benefit or find out about one, she should contact the social protection committee at her place of residence, where inspectors are required to tell her about all the procedures, benefits and payments in force in a particular area.
3. Saglara Adyanova lawyer Article from the November issue of the magazine

Source: https://www.7ya.ru/article/Odinokaya-mama-i-zakon/

Until what age is a single mother considered?

20.03.2018

• Increased child care allowance (every month), which does not depend on family income.
• Additional amount to the monthly benefit for up to 1.5 years (later up to 3 years).
• Financial assistance for a child every year (about 300-400 rubles).
• A single mother (Labor Code of the Russian Federation - source) cannot be dismissed from work on the initiative of management until her child turns 14 years old. In the event of complete liquidation of the company/enterprise where she is an employee, she must be provided with a new job. The same applies to the end of a fixed-term contract.
• Sick leave for caring for a sick child (under 14 years of age) is paid for a longer period than for others.
• The employer is obliged, at the request of a single mother, to provide her with an additional 14-day leave without pay, which she has the right to use together with the main one or at any time she needs.
• Employers do not have the right to refuse a single mother a job; if she refuses, she can go to court.
• For single-parent families, local government agencies may organize sales (baby clothes, hygiene products, toys, etc. at affordable prices).
• Double tax deduction.

In Russia, all single mothers have the right to a double tax deduction for expenses aimed at providing for each child under 18 years of age. If the child is a student, resident, graduate student or cadet, then the period for applying the tax deduction is extended until the child turns 24 years old.

Who is considered by law to be a single mother in Russia in 2020

Attention! In the Russian Federation in 2020, benefits and payments to single mothers, although not large, are there. A woman who has received the status of a single mother can always apply for them. To do this, you need to fill out all the documents and receive a certificate certifying this fact.

We recommend reading: Refunds when paying by credit card

Who is considered a single mother?

First, a woman must visit the registry office and receive a certificate in form 25. To confirm her status, she must contact the social protection fund or the MFC. There is no need to make an appointment with a specialist in advance. But you need to have all the documents with you.

Benefits, benefits and payments - what single mothers can expect in 2020

• Work at night (from 22:00 to 06:00) . A ban is established on engaging a single mother to perform labor activities on the night shift, with the exception of the voluntary consent of the employee.
• Overtime work, business trips. It is prohibited to involve a woman raising a child under 3 years of age in overtime work, as well as work on weekends and holidays.
• Part-time work (shift). Upon written application of a single mother raising a child under 14 years of age (disabled child under 18 years of age), a part-time work schedule is established.
• Receiving additional leave. A single mother is entitled to 14 days of leave (the position is established by the collective agreement). The specified period is added to the total vacation or provided at a convenient time.
• Additional days off. A mother raising a disabled child, upon submitting a written application to the employer, has the right to receive 4 paid days off monthly.

Single mother and single mother: definition by law, difference and receipt of benefits

1. An employer does not have the right to refuse a woman a job because she has a child, and an already employed employee cannot be fired. If the mother is sure that she received a refusal only because of the child, she can demand a written refusal and then go to court.

Read also: Increase in pensions 2020: the latest news, military pensioners, unemployed

Who is considered a single mother by law in 2020 and 2020

Despite the fact that the request “how to become a single mother” is often found in search engines, this expression in itself is not entirely correct - “how to obtain the status of a single mother” would be correct.

Although this expression, as we have already found out, is also flawed from a legal point of view, since there is no legal status for a single mother.

This means that in our country it is not specifically assigned and a woman does not have to collect any papers to assign it - meeting the above conditions is enough.

Who is a single mother (single mother)

In this case, we are talking about single mothers (a woman with a child who does not officially have a father), and not single women (a woman with a child and no husband).

If a child has an official father, then the mother is no longer alone, and it does not matter whether he lives with the mother, cares for and raises the child or not.

In this case, such a woman has the right to involve the father in the child’s life, for example, to file an application to the court to collect alimony.

Single mother: how to get status, benefits

She is also considered single if, after the birth of the baby, the parents did not submit an application to the registry office to establish paternity. The registration book must contain the name of the mother, father and his patronymic according to the mother’s words. If there is no father, then a dash is placed in the father column, and the mother receives a certificate of “single mother”.

A woman who gives birth to a child within 300 days after the official dissolution of the marriage, its recognition as invalid, or after the death of her husband is also not recognized as single. Based on Part 2 of Article 48 of the Family Code of the Russian Federation, employees of the civil registry office will register the child, even if the father is not the biological father of this child.

Rights and benefits for single mothers in Russia

If the child is between 7 and 15 years old, a single mother has the right to 15 days of sick leave. In the case of outpatient treatment, for the first 10 days, the benefit is paid in full. Regardless of the mother’s work experience, starting from the 11th day of outpatient treatment, 50% of the salary benefit is accrued.

Single mother: benefits

If the list of benefits and rights is established at the all-Russian level, then it is necessary to understand how much single mothers are paid in each region separately. The benefit accrues until the child reaches his 14th birthday, and if he continues to study, it accrues until his 18th birthday.

Single mother status

There are other types of assistance for single mothers, which are worth checking with the administration of each region. For example, these citizens have benefits in paying for kindergarten, can receive baby food at a dairy kitchen for free, and purchase a number of documents at a reduced cost.

Single mother: benefits and benefits in 2020

In order for a single working woman to be able to pay more attention to her child, labor legislation provides for a number of benefits for her. Unfortunately, often neither the workers themselves nor the employers know about them. The responsibility falls on the shoulders of the latter to provide the woman with these benefits.

Single mothers: benefits, rights

All federal child benefits were planned to be indexed to a new coefficient of 1.065. In this regard, for timely registration at the antenatal clinic they will pay 438.87 rubles, and for the birth of a child - 11,703.13 rubles. Maternity capital will be equal to 365,698.40 rubles.

Until what age is a single mother considered? Link to main publication

Source: https://zakonandpravo.ru/lgoty-i-posobiya/do-kakogo-vozrasta-schitaetsya-mat-odinochka

Single mother: who is considered such by law, how to obtain status after divorce

Dysfunctional or dysfunctional families are now not uncommon. Single parents constantly face many difficulties and are forced to overcome them without the support of their other half.

When a woman raises a baby alone, she needs help, which the state undertakes to provide in the form of special benefits and advantages. However, to do this, you need to find out who is considered a single mother and how to obtain this status.

Who is a single mother

In our society, a woman is considered a single mother if she raises children alone , without a second legal parent, even if she lives with a partner. Who she is legally is described in civil law.

Who is a single mother

The official category of “single mother” can be assigned if a citizen is raising one or more children until they reach the age of fourteen without the participation of her husband and the following requirements are met:

1. Mom has citizenship of the Russian Federation.
2. She is registered at her place of residence on a permanent basis.
3. She has a permanent income (employed).

Important ! If a woman does not have an official job, but is studying full-time at an educational institution, then she also has the right to receive benefits.

If you look at the definition according to the law, it clarifies that a single mother is a woman:

• who gave birth to a child without being in a registered marriage or three hundred or more days after the divorce;
• in cases where the ex-husband proved that he was right and was not involved in the conception of the baby at least three hundred days after the official divorce;
• in the absence of a formalized marriage, successfully completed the process of adoption or adoption of a child from an orphanage;
• who adopted a baby together with her husband , but the husband subsequently refuses to recognize the baby and raise him.

Who is not considered a single mother?

In some cases, a woman is not given status and is deprived of benefits and special rights.

Who is considered a single mother?

This category of citizens includes:

1. Women who gave birth and are raising a child in a dysfunctional family. The child's father is alive, but for some reason is not able to provide financial support and assistance to the baby and his mother.
2. Citizens who are not married, but have filled in the father's name in the column on the child's birth certificate. For such children, the fact of having a biological father has been officially established.
3. Widows.
4. Subject to deprivation of the biological father's rights to his child.
5. Persons who gave birth to a child within three hundred days after the official divorce, whose ex-husbands recognize paternity and do not renounce their rights to the child.

If one of the listed aspects is present, a woman will not receive benefits from the state . Another important nuance in which a mother cannot qualify for this category is the deprivation of her parental rights.

Important! In civil law, there are many aspects to assigning the status of “single mother” and describing who she is. One of the important nuances is the recognition of a woman’s right to benefits even if she marries a second time.

How to get status after divorce

If a mother is raising a child without a father, there is a need to formalize the status at the legal level. This will allow her to receive some additional cash payments, subsidies, and benefits , which will greatly help support an incomplete family and raise a child.

What a single mother should do

To officially qualify, a single mother must do the following:

1. Carefully study and evaluate options for obtaining this status.
2. Register the baby at the registry office, where she will be issued a birth certificate.
3. Register the baby at the place of permanent residence.
4. It is necessary to pay special attention to the father's column; it must be empty , otherwise the state will not recognize the woman's right to receive additional benefits and subsidies. The registry office will issue a special certificate, form number 25.
5. A single mother will have to contact the social security authorities with a previously issued certificate, passport and child’s birth certificate to write an application for status.
6. If a woman is officially employed, she needs to contact her employer to obtain a certificate of income (form 2-NDFL). If there is no permanent place of work, the young mother will be given the appropriate document by the employment service.
7. At the housing maintenance office you need to obtain a certificate about the composition of a single-parent family, an extract from the house management book and a copy of your personal account. Documents are issued at the immediate place of residence.
8. Make additional duplicates of all issued documents.
9. All collected documents and their copies must be submitted to the social security service .
10. The last stage is the direct receipt of status and official identification after consideration of the application. Documents can be processed within a month.

Important! When preparing documents, you need to be especially careful to check that everything is indicated correctly. If the papers submitted to the social security authorities are drawn up incorrectly or their validity period expires at the time of submission, the citizen will not be assigned the desired category. The application and documents are reviewed by the USZN within a month, after which the woman receives the official status of a single mother.

Rights

Single mother's rights

The state provides single working mothers with additional benefits and rights:

1. A woman belonging to this category is firmly assigned a job, and she does not have to worry about a sudden reduction in staff .
2. If the head of management changes, the new director also cannot fire a single mother.
3. A citizen has the right to additional leave , albeit unpaid, for two weeks.
4. An employer in need of new employees may refuse to employ such a woman only by stating the reason in writing.

Benefits of a single mother

Mothers who are officially classified as single receive certain additional benefits in many areas:

• social;
• labor;
• medical;
• tax;
• educational.

It is very difficult to name specific payments from the country’s budget, since each subject of the Federation has different capabilities. The regional government compiles a list of social benefits provided individually.

Help from the state

Some of the most common are:

• sets of clothes for children (one time per six months);
• 50% discount on transport costs. The benefit applies to public transport (trolleybuses, buses, trams, trains, etc.);
• admission of a child to a state kindergarten out of turn;
• providing therapeutic therapy in dispensaries and other health centers, as well as recreation in children's camps.

Among other things, such mothers are given advantages in paying taxes . If a citizen continues to work, a double tax deduction is made from her income. Article 218 of the Tax Code of the Russian Federation was introduced to reduce the costs of mothers raising a child on their own.

Medical and educational benefits

Benefits in the field of medicine are provided to both mother and baby and consist of the following points:

1. Free visits to massage sessions twice a week at a medical facility at your place of registration.
2. Providing the maternity hospital where the baby was born with bed linen, clothes for the newborn and diapers, if necessary.
3. Free dairy products for your baby until he reaches the age of three.

Benefits for kindergarten

Every child raised in a dysfunctional family has additional advantages when receiving preschool and secondary education. Among other things, the child is provided with:

• free meals in the canteen of a kindergarten or school;
• necessary teaching aids and stationery (notebooks, pens);
• state payment of 30% from visiting sports sections, clubs or music school.

How many years does the mother receive benefits?

Mothers who raise a child without the help and support of a biological father will receive subsidies and benefits from the state until the children reach the age of fourteen .

This applies to both her own baby and those adopted from any child care institution in the country.

Among other things, such mothers are given special benefits for the birth of a child and for his maintenance until he is 14 years old, when he himself receives a passport of a citizen of the Russian Federation.

If a woman adopts a child with a disability, the duration of assistance provided by the state increases. Such mothers receive financial assistance and privileges when the child reaches eighteen years of age.

 In cases where children have the first or second disability group, the benefit is paid until the group is removed from the children.

During this time, the woman will receive financial support every month.

Video: Who is a single mother

Who is a single mother is clearly stated in the legislation. This is an official category of citizens that enjoys state support and has a number of benefits and advantages. However, to obtain this status, certain conditions must be met.

Source: https://uristi.guru/semejnoe-pravo/mat-odinochka-kto-schitaetsya-po-zakonu.html