Why do you need a certificate of non-receipt of a one-time benefit, and who should issue it? When can you do without it and what to do if your spouse does not want to provide it. What documents, besides a certificate, will be needed to apply for benefits, and within what time do you need to submit an application?
- Certificate of non-receipt of a one-time benefit: why is it needed, sample filling
- One-time cash benefit for a child: grounds for receiving
- In what cases may a certificate of non-receipt of a one-time cash benefit be required?
- Sample certificate of non-receipt of benefits for the birth of a child
- From the place of work (service)
- From the social security authorities
- About non-receipt of benefits from the Social Insurance Fund
- Where can I get a certificate of non-receipt of benefits if the husband does not want to provide it?
- Decision on payment
- Certificate of non-receipt of a one-time benefit at the birth of a child: how and where to get a certificate, how to draw it up
- Who can receive benefits
- What documents are required to receive benefits?
- How to obtain a certificate from social security authorities
- How to issue a certificate of non-receipt of a one-time benefit at the birth of a child - on baby.ru!
- Sample certificate of non-receipt of benefits
- Who can be denied benefits at the birth of a child, even after presenting a certificate of non-receipt of payments
- In what cases can a certificate of non-receipt not be presented?
- What documents are required to receive a one-time benefit for the birth of a child?
- Difficult situations with issuing a certificate of non-receipt of benefits
- Certificate of non-receipt of a lump sum benefit upon the birth of a child
- One-time
- Legislative norms
- Certificate of non-receipt of benefits at the birth of a child
- Certificate of non-receipt of a lump sum benefit upon the birth of a child in 2020 - Legal advice in Moscow
- General information about lump sum benefits for the birth of a child
- Why do you need a certificate of non-receipt of a lump sum benefit at the birth of a child?
- How to issue a certificate of non-receipt of a one-time benefit at the birth of a child
- Certificate of non-receipt of a one-time benefit at the birth of a child (sample)
- Certificate of non-receipt of a one-time benefit at the birth of a child for the child’s father from the Social Insurance Fund
- Certificate of non-receipt of a one-time benefit at the birth of a child for the child’s father from the SZN authorities
- Certificate of non-receipt of a one-time benefit at the birth of a child for the child’s father at the place of work
- Where is a certificate of non-receipt of a one-time benefit at the birth of a child issued for various categories of applicants?
- Where do you get a certificate of non-receipt of a lump sum benefit at the birth of a child if the child’s father refuses to issue it?
- Common mistakes regarding the preparation of a certificate of non-receipt of benefits at the birth of a child
- Answers to frequently asked questions about why you need a certificate of non-receipt of a lump sum benefit at the birth of a child
Certificate of non-receipt of a one-time benefit: why is it needed, sample filling
A one-time benefit for the birth of a child is a measure of state social support. The right to it is enshrined in Article 11 of Federal Law No. 81. The purpose of the payment is to help the family buy the essentials in the first days of the child’s life. It is given to all parents, except those whose child was stillborn.
However, only one parent is entitled to the money, and the second will be asked to provide a certificate of non-receipt of a one-time benefit. This is necessary to avoid fraud and double payments.
One-time cash benefit for a child: grounds for receiving
The birth of a child brings not only joy, but also serious financial costs. To help parents, they are given one-time cash assistance. From 02/01/2018, its amount is 16,759.09 rubles.
This amount increases by a regional coefficient and is also subject to regular indexation due to inflation. If two or more children were born, money is paid for each.
You must apply for it no later than six months after the baby is born (clause 80 of Order of the Ministry of Social Development No. 1012n).
The benefit amount is fixed and previous income does not affect it. Therefore, it is usually drawn up by a woman. However, the father of the child can also receive money - the law allows this.
If only one of the spouses in the family is officially employed, there is no choice where to submit documents - you must contact the employer.
If both parents have equal status in this regard, they themselves decide who will apply for the benefit.
In what cases may a certificate of non-receipt of a one-time cash benefit be required?
A one-time benefit is a one-time payment, and only one of the parents can receive it. Therefore, when applying for it, it is necessary to provide evidence that the applicant’s spouse has not yet taken advantage of this opportunity.
If this is not done, the application will be refused. In addition, a parent living separately from the child will also not be able to receive money. However, if the marriage is not legally dissolved, this does not eliminate the need to document the fact that the spouse did not receive benefits.
The child's parents do not have to be legally married to receive assistance. It is enough that both live together, are included in the birth certificate and, if necessary, a document establishing paternity is drawn up.
Sample certificate of non-receipt of benefits for the birth of a child
Certificates of non-receipt of a one-time benefit do not have a strict form. The responsible person fills it out independently, adhering to the general rules of office work. There should be information there:
- about the organization that issued it;
- outgoing document number and date of issue;
- full name of the recipient of the certificate;
- Full name and date of birth of the child;
- confirmation that the benefit has not been issued and will not be issued;
- signatures of the person who issued the document and the head of the company;
- seal of the organization.
The purpose of the certificate indicates “for presentation at the place of request.”
From the place of work (service)
The certificate is issued by the chief accountant, filling it out in free form. The document can be drawn up either on the organization’s letterhead or on a blank sheet of paper.
Approximate sample.
From the social security authorities
If a person who needs to confirm non-receipt of benefits is officially registered as unemployed at the employment center or is simply not registered anywhere, a certificate is issued by social protection departments.
Full-time students, pensioners and people with disabilities should also apply here. It is the social security authorities who are responsible for processing benefits for this category of citizens and can confirm that the person in question did not apply for money.
The certificate is filled out similarly to a document from the employer, only without indicating the position of the person to whom it was issued.
About non-receipt of benefits from the Social Insurance Fund
A certificate from the social insurance authorities is needed if the spouse is an individual entrepreneur or registered as self-employed. Since he would actually have to pay the money to himself or issue a certificate that he did not do this, FSS employees must confirm the fact of non-receipt of benefits.
Where can I get a certificate of non-receipt of benefits if the husband does not want to provide it?
If hostile relations arise between the child’s parents at the time of his birth or shortly thereafter, the man may refuse to provide his wife with the necessary certificate.
There are no direct instructions in the law on how to resolve this situation.
Even after presenting evidence that the marriage has actually ceased to exist and she no longer lives with the child’s father, the woman will not be able to receive benefits.
If the spouse categorically refuses to hand over such a certificate or there is no way to contact him, you can contact the employer directly: pay a personal visit or send a registered letter with acknowledgment of receipt.
State the situation in as much detail as possible, providing copies of the child’s birth certificate and marriage certificate. The management of the organization is not obliged to provide the necessary information, but if the child’s father really did not exercise his right, the accounting department often meets halfway and issues a certificate. When the spouse’s place of work is unknown, the only way out is to negotiate with him.
If the child’s father does not work or is an individual entrepreneur, you can send a request to the social security authorities or the Social Insurance Fund.
But in practice, these institutions rarely provide the necessary information. What other documents are needed to receive a one-time benefit: list
In addition to a certificate stating that the second parent was not given a lump sum allowance, you will need:
- statement;
- parents' passports (originals and copies);
- child's birth certificate f24 or a document confirming adoption;
- a copy of the birth certificate;
- an extract from the house register that the parent and child live together;
- for unemployed persons - an extract from the work book certified by the employment center.
The application may be drawn up in free form. Social security authorities often provide sample forms or ready-made forms. When the employer makes the payment, the application is written to the manager. It indicates a request to pay a one-time child benefit and lists the attached documents.
Decision on payment
10 days are allotted for review of documents. Upon expiration, the money is transferred to the applicant. If the employer does this, the benefit is usually transferred on the day the salary is paid, but you can ask to do this earlier.
If the issuance of funds is refused, the applicant will be notified within five days and the package of documents will be returned. The refusal will be justified, so if it was a matter of incorrect submission of documents, you can eliminate the shortcomings and try again. The main thing is to meet the six-month deadline.
A one-time cash benefit is a way of material support from the state to the family where the child was born. It is issued to one of the parents at the place of work or at the social security authorities. The spouses themselves decide which of them will take advantage of this opportunity. In this case, they will need to document that they have not previously received benefits.
Source: https://propravo.guru/vyplaty/spravka-o-nepoluchenii-edinovremennogo-posobiya.html
Certificate of non-receipt of a one-time benefit at the birth of a child: how and where to get a certificate, how to draw it up
When a child is born, the state, according to current regulations, gives a certain amount to his parents once. The recipients can be both the mother and the father of the baby. Therefore, when receiving this payment, a document called a certificate of non-receipt of a one-time benefit for the birth of a child is of great importance.
Who can receive benefits
A one-time benefit at the birth of a child can be received by one of the parents of the baby (father or mother) or a person replacing them (guardian). In this case, these persons may be either employed or unemployed.
Existing legislation determines that payments to grandparents and other relatives are not made if the baby has a father and mother.
Payments are always calculated and issued at the place of employment or service, if at least one of the parents has an employment agreement. Sometimes a situation occurs when both parents do not have concluded employment contracts. Then, to receive benefits, one of them needs to contact the territorial social security authority.
Placement benefits are issued:
- Employed citizens;
- Civil servants of military units located in other states.
To apply for a payment through the social security authority, you need to contact:
- Who is undergoing military or equivalent service on a contract basis;
- Who was dismissed from military units due to the expiration of the contract, or due to the transfer of a military unit from the territory of another state;
- Persons who are currently unemployed or are registered with the employment service;
- Those undergoing full-time training on a free or paid basis.
Attention! When the parents are divorced, the payment is transferred to the person with whom the child currently lives.
The child's parents have the right to receive this amount within 6 months from the date of birth of the baby. To receive payment, they submit an application and prepared documents to their employer.
If 6 months have passed, the decision on the transfer of funds will be made directly by the FSS. To do this, the fund must provide evidence confirming the impossibility of applying for benefits within the prescribed period.
The decision to issue benefits after submitting a package of documents is made within 10 days. During the same time period, social insurance, if the decision is positive, makes the transfer. In a situation where the fund refuses to pay, it must report this within five days and return the documents provided.
Attention! The validity period of a certificate of non-receipt of benefits is not determined by regulations. They only say about the need to provide it. In practice, the social security authority requires that such a document be issued no later than 1 month before applying for benefits.
This is justified by the fact that such a certificate only records the event on the date of its issue, and therefore may become irrelevant over time. Therefore, it is recommended to first contact the authority where the payment will be processed and clarify their accepted period for the validity of the certificate.
What documents are required to receive benefits?
The composition of the set of documents varies depending on how you are requesting benefits - through your employer or through the social security authority. In the latter case, it is more voluminous and also includes SNILS, a certificate from the housing department and other forms.
Read also: Citizenship for a newborn: how to get it and where to apply
When applying for benefits through an employer, you must provide:
- Application for benefits using the employer’s form (filled out freely or on a template);
- Certificate of birth of a child, form F24 (it is issued by the registry office upon receipt of the certificate);
- Passports of existing parents for verification, as well as their copies;
- Birth certificate - copy and original for verification;
- Certificate of non-receipt of a one-time benefit for the birth of a child from the second spouse. This certificate is issued:
- If he/she is employed - in the accounting department or HR department of the company;
- If he/she does not work - in the territorial social security agency;
- If he/she is self-employed (individual entrepreneurs, lawyers, notaries, etc.) - in the territorial body of the Social Insurance Fund.
A certificate of non-receipt must be issued by the parent who does not plan to receive benefits. It should be borne in mind that of the two working parents, it is always paid to the employed one.
Attention! Unfortunately, a situation may arise when the parents do not live together, but at the same time have not formalized the divorce. But the second spouse refuses to provide the document, or simply ignores requests to issue it. The law does not provide for action in such a case.
It will be necessary either to establish contact with the spouse and convince him to issue a certificate, or to contact his employer in writing, indicating in the request that the second spouse refuses to issue the document. However, most likely the management of the employing company will refuse, due to the fact that such information is personal data.
In addition, after a certain period (usually 70 days from birth), you will need to apply for a babysitting allowance. Then, when requesting it, you will also need to provide a document confirming the non-receipt of benefits for a child up to 1.5 years old.
It makes sense to receive both certificates at the same time in the case when maternity leave has begun (and with it the right to a monthly benefit has arisen), but a one-time payment has not yet been issued until this moment.
Attention! An individual entrepreneur must obtain a certificate of non-receipt of benefits from the Social Insurance Fund of his district.
To compile this certificate, there is no special form or standard form that must be used. As a rule, a document in companies is drawn up in any form using company letterhead.
- At the top of the document the name of the company, TIN, KPP and OGRN codes, location address and bank details should be indicated.
- Below on one line the date of filling out the certificate and the place are indicated.
- After this, in the middle of the new line the name of the form is indicated - “Help”.
The text must indicate:
- Issued to: full name. employee;
- An indication that he actually works for the company. It is necessary to indicate the date of admission, position, information about the order for admission;
- Statement that during the specified period of work he did not apply for a lump sum benefit for the birth of a child;
- Information about the child for whom the payment is requested - full name, date of birth.
Below you need to indicate for what purposes the certificate is issued. You can indicate a standard phrase stating that the document was issued for presentation at the place of request.
The certificate is signed by the head of the company and the chief accountant. In cases where the document is drawn up by a responsible person (for example, a billing accountant, a personnel officer, etc.), then he can also put his signature.
How to obtain a certificate from social security authorities
When one or both parents do not have a job, a certificate of non-receipt of payment must be issued at the territorial social service agency. protection. At the same time, you can simultaneously issue a certificate of non-receipt of benefits for a child up to 1.5 years of age, if parental leave for a child up to 1.5 years is also issued at the same time.
In addition to the unemployed, the following types of citizens should also apply here:
- Registered with the employment service;
- Unemployed citizens of retirement age or with disabilities;
- If the parent is not accommodated for any other reason;
- Students who are studying full-time.
Obtaining this form is not difficult; when contacting the authority, you must have two documents with you:
- Passport of the person (parent) who will receive the certificate.
- Child's birth certificate.
Attention! Some regions also require you to provide a completed application, the form of which can be obtained on site. After checking the information, a certificate of non-receipt of a one-time benefit at the birth of a child is issued on the same day.
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How to issue a certificate of non-receipt of a one-time benefit at the birth of a child - on baby.ru!
The current legislation of our country provides for material payments that help young families not experience financial problems when giving birth to a child. One of these payments is a one-time benefit given to the mother, father or other person responsible for caring for the baby.
Currently, the amount of this payment is set at 16,350 rubles, and all parents can apply for it until the baby reaches six months of age.
In this article we will describe in detail how a certificate of non-receipt of a lump sum benefit at the birth of a child is issued, why it is needed and in what cases it is necessary.
Registration of a lump sum benefit at the birth of a child occurs subject to compliance with several basic rules:
- Submission of all necessary documents by employed citizens after the birth of a child should be at the place of primary employment;
- Only one parent must submit an application for payment (if the mother is not employed, the father must fill out the form);
- citizens who do not have permanent employment can count on receiving benefits (documents should be submitted at the nearest branch of the social protection authorities), regardless of the presence or absence of previous employment;
- In the event of divorce between a man and a woman, the right to receive payment belongs to the parent with whom the newborn lives.
Legislative provisions providing for the possibility of several persons receiving a one-time benefit are not ideal.
When applying for this benefit, it is often necessary to confirm that it has not yet been received, for example, if the mother and father are unemployed and registered in different apartments.
In such cases, you will need to provide a special certificate to special government agencies about non-receipt of payment at the birth of a child.
Not only immediate parents, but also persons who have adopted a newborn can receive benefits at the birth of a child. However, in the second case, the adoption procedure must take place no later than 3 months after the birth of the baby, otherwise the right to financial assistance for guardians is canceled.
It should also be remembered that in order to smoothly receive benefits to parents (mother or father), the second parent is required to issue a certificate of non-receipt. The state has every right to refuse material payments if the appropriate form was not completed in a timely manner.
Sample certificate of non-receipt of benefits
The law does not establish a universal form for a certificate of non-receipt of benefits at the birth of a child.
Accordingly, you can draw up a document in any form, but at the same time you must follow several important rules, without which your completed form will not be accepted.
The certificate must be submitted to the place of work or to the social security authorities within three days (in accordance with Article 62 of the Labor Code of the Russian Federation).
So, the main information points in the help should be the following blocks:
- details of the organization through which the benefit will be received, or the address of the branch of the social protection authority;
- date of application and its serial number;
- the main block with the personal data of the person responsible for caring for the child and confirmation that the person is working (or is unemployed) indicating that the second parent has not received benefits.
Also important points are the presence of the initials and signatures of the main managers of the organization, which include the chief accountant and the immediate director. Responsible persons assert with their visas that the person is truly under their control.
We must not forget that the certificate indicates the date of entry to work with the number of the internal order for admission to the state, the position of the citizen and the purpose of issuing the document. The latter, as a rule, is marked as “for presentation at the place of demand.”
In addition to the direct place of work and social protection departments, such a certificate can also be obtained from the Social Insurance Fund at the place of registration.
Who can be denied benefits at the birth of a child, even after presenting a certificate of non-receipt of payments
There are certain situations when (by judicial procedure) a parent may be deprived of the right to receive a lump sum benefit upon the birth of a child, even if a certificate is provided indicating that the second parent did not receive this payment. Such situations include the following:
- the parent applying for payment has been deprived of parental rights;
- illegal actions were committed against the newborn, which led to the child receiving injuries and physical damage to the body;
- there is a fact of evasion by the parent from fulfilling his direct duties provided for by the Family Code of the Russian Federation;
- the mother or father voluntarily renounced parental rights.
All these situations determine the guaranteed refusal of government agencies to issue financial assistance, regardless of the child’s age or availability of work.
In what cases can a certificate of non-receipt not be presented?
Speaking about how a certificate of non-receipt of a lump-sum benefit at the birth of a child is drawn up, you should know that there are certain circumstances in which a parent has the right not to provide a certificate of non-receipt of a lump-sum benefit at the birth of a child and government authorities will not be able to refuse to pay financial assistance. Such situations include the following:
- the marriage between the parents was dissolved before directly applying for benefits;
- The child is raised by a single mother or single father;
- There are no opportunities to obtain a certificate from the second parent due to personal disagreements.
The last option is the most common, since quarrels and scandals in the family, leading to a break in relations (not official, that is, without filing a divorce), entail problems with paperwork. The father or mother may simply not give their consent to provide the certificate, but in this case, you can send an official request to the parent’s place of primary employment.
Such a certificate can be handed over personally to the chief accountant of the enterprise or by mail addressed to the manager.
The letter must indicate the reason for the application (receipt of financial assistance for the birth of a child) and the personal data of the addressee.
Read also: Temporary identity card when replacing a passport: issuance period, validity
It is also recommended to support the form with a copy of the baby’s birth certificate, marriage certificate and extracts from the legislation - this will significantly save the employer’s time.
What documents are required to receive a one-time benefit for the birth of a child?
As mentioned above, a lump sum benefit for the birth of a child can be paid to both employed and non-employed persons. Depending on this, the list of documents required to receive payment also changes.
If a person has a permanent job, he will need to provide the following documents:
- direct application for benefits;
- certificate of non-receipt of payment by other persons;
- personal documents containing information about the citizen (passport or similar document);
- birth certificate or certificate of the child (duly certified);
- an extract from the court establishing the fact of guardianship of the newborn (if necessary);
- if the marriage is dissolved, then a certificate of this fact, issued at the registry office;
- a certificate from the housing department containing information about the child’s residence with one of the parents.
Unemployed citizens are required to provide the following documents:
- application for payment;
- passports of both parents or one of them, in case of divorce or death;
- baby's birth certificate;
- a certificate of non-receipt of benefits (in this case, issued by the social security authorities or the Social Insurance Fund at the place of residence);
- extracts from the work book or military ID about previous places of work or confirming the absence thereof;
- an extract establishing the fact of guardianship of the child;
- divorce certificate (if necessary);
- an extract from the housing department confirming that the child lives with one of the parents.
For foreigners who do not have a passport of the type of citizens of the Russian Federation, they will additionally need to provide a copy of their identity card with a mandatory mark on receipt of a residence permit. If there is no mark in the documents, the right to receive a material payment is canceled.
As for filling out an application for receiving financial benefits at the birth of a child, it, like a certificate of non-receipt of benefits, is drawn up in any form. It indicates the parent’s request to determine the payment of benefits.
The document is addressed to social security authorities or the direct employer indicating personal information about the citizen. In addition, the application indicates a list of attached certificates of the child’s birth, a copy of the certificate and other documents, if necessary.
The application is supported by the signature of the parent indicating the date of preparation.
Every citizen applying for benefits should remember that the decision on the calculation of payments is made by the relevant authorities no later than 10 days after submitting the form. It is recommended to inquire about the result from the immediate employer, the chief accountant of the enterprise or the responsible person of the social protection authorities after the expiration of this period.
Difficult situations with issuing a certificate of non-receipt of benefits
In the modern world, there are a certain number of companies that deal with documentation issues in cases where citizens cannot resolve this issue on their own.
Such moments include the disagreement of one of the parents to sign a document or bureaucratic troubles in the Social Insurance Fund when the parent who compiled the document is an individual entrepreneur.
Such organizations take care of paperwork, guided in their work by legal norms and standards. As a rule, the list of specialists’ capabilities includes obtaining certificates from unscrupulous parents and government officials who do not fulfill their duties.
Of course, you will have to pay for the services of private lawyers, so each parent has the right to independently decide whether to obtain a certificate on their own or whether it is better to shift the responsibility onto someone else’s shoulders.
To summarize, we can clarify that receiving a one-time benefit at the birth of a child is an inalienable right of every parent.
To do this, you will need to provide a number of documents, among which there must be a certificate from the second parent stating that the mother or father did not receive payments for the baby.
Moreover, this financial assistance can be assigned to each individual child, regardless of the social status of the parent.
Source: https://www.baby.ru/wiki/vyplaty/spravka-o-nepoluchenii-yedinovremennogo-posobiya/
Certificate of non-receipt of a lump sum benefit upon the birth of a child
Some of these payments are provided to all parents without exception, regardless of their place of work. Others are provided only subject to official employment.
One-time
Among lump sum payments, the most famous is the BIR payment. This financial assistance is provided after the birth of the child, and is issued before the woman goes on maternity leave. It is paid by the Social Insurance Fund through the employer.
If the mother of a child was fired at the initiative of the employer during the last 12 months and does not receive unemployment benefits, she can apply for one-time assistance from the social security authority.
She will need a certificate of non-receipt of benefits for the birth of a child by the second parent.
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10 days are allotted for review of documents. Upon expiration, the money is transferred to the applicant. If the employer does this, the benefit is usually transferred on the day the salary is paid, but you can ask to do this earlier.
If the issuance of funds is refused, the applicant will be notified within five days and the package of documents will be returned. The refusal will be justified, so if it was a matter of incorrect submission of documents, you can eliminate the shortcomings and try again. The main thing is to meet the six-month deadline.
A one-time cash benefit is a way of material support from the state to the family where the child was born. It is issued to one of the parents at the place of work or at the social security authorities. The spouses themselves decide which of them will take advantage of this opportunity. In this case, they will need to document that they have not previously received benefits.
Legislative norms
The main regulatory act that guarantees a woman the payment of certain amounts of money due to future or already occurring motherhood is Law No. 255-FZ.
This law contains rules and regulations regarding the rules for providing certain amounts of money and benefits related to maternity, the procedure for their payment and other nuances.
In addition, this normative act is closely related to:
- Labor Code of the Russian Federation regarding guarantees provided to employees during periods of temporary incapacity for work.
- Order of the Ministry of Health and Social Development No. 364n.
But in order to receive one of the payments, including maternity capital, you must contact the authorized body and submit to it all the necessary documents. The amounts vary for working and non-working women.
If the expectant mother is not in an employment relationship, then she does not have the right to apply for and receive assistance, which is issued on a sick leave.
She has the right to all other benefits prescribed in Law No. 255-FZ. But their size is fixed and it is somewhat smaller than that of working women.
All benefits for newborn children are provided on the basis of Federal Law No. 81 of May 19, 1995.
Certificate of non-receipt of benefits at the birth of a child
A certificate of non-receipt of a one-time child benefit by the father, if he is an individual entrepreneur, is prepared by him independently. This is possible because, according to clause 1.1 of Art. 7 Federal Law dated July 16, 1999 No. 165, among the insured events (among others) there are:
- pregnancy and childbirth;
- birth of a child(ren);
- care for him up to one and a half years.
And among the insurance coverage for certain types of compulsory social insurance there are corresponding payments that the policyholder is obliged to pay to the insured person when an insured event occurs, the latter must be documented.
Refusal to finance maternity benefits from the Social Insurance Fund is possible only if:
- violation of the legislation of the Russian Federation, or established registration rules;
- lack of documentary evidence of these expenses.
The period during which it is necessary to apply for the appointment and payments of “children’s” is indicated in the previous section, and an exhaustive list of documents is given in Art. 13 Federal Law dated December 29, 2006 N 255-FZ. Moreover, a document about the absence of “children’s” payments to the second parent can be drawn up in any form. The law imposes requirements only on its content. According to paragraph 1 of Art. 15.
Source: https://kupit-krohe.ru/forma/spravka-edinovremennom-posobii/
Certificate of non-receipt of a lump sum benefit upon the birth of a child in 2020 - Legal advice in Moscow
When a child comes into the family, parents are entitled to several types of child benefits. Essential assistance is, in particular, a lump sum benefit for the birth of a child.
This payment can be issued at the place of work of one of the parents, but at the same time, a certificate of non-receipt of a lump sum benefit upon the birth of a child is required from the second parent.
This requirement is due to the fact that funds can only be received by the mother or father of the newborn, but not by both parents at the same time.
General information about lump sum benefits for the birth of a child
A one-time benefit for the birth of a child is a federal (all-Russian) payment.
Absolutely all families in which a child was born or adopted have the right to receive a one-time benefit upon the birth of a child, regardless of the welfare, age of the spouses, region of residence and the fact of receiving other payments.
The recipient of the payment can only be one of the parents or legal representatives of the child (either mother, father, or one of the adoptive parents).
The payment amount is 16,759 rubles 9 kopecks (from February 1, 2018 to February 1, 2020). State benefits are indexed annually, and therefore the amount of payment will increase from February 1, 2020 (by how much will depend on the level of inflation in the country). See Federal Law No. 444-FZ dated December 19, 2016.
Important! A one-time benefit for the birth of a child is issued in the form of state social security (through the bodies of the Social Security Service) or in the form of compulsory social insurance (at the place of work).
A one-time child benefit, depending on the fact of employment of the parents of the newborn, is issued:
Place of application for benefits When to apply for benefits At the mother’s place of work/service If the woman has an official place of work At the enterprise where the child’s father is employed/serves If the baby’s mother does not work or does not want to apply for benefits for herself In the social protection authorities (or in the Multifunctional Center) If both parents are unemployed or work unofficially
That is, when applying for benefits, you must adhere to the following legal requirements:
- If both parents of the child are officially employed (that is, they are subject to compulsory social insurance in case of temporary disability and in connection with maternity), an application for payment of benefits is submitted at the place of work of the mother or father of the child.
- The application is submitted by the parent who has an official place of employment if one of the parents does not work.
- If, before applying for a one-time benefit, the parents of the newborn filed for divorce, the benefit will be paid to the one with whom the child lives (the fact of cohabitation is confirmed by a certificate of family composition).
- If both the mother and father of the baby are unemployed (for example, students) or unemployed (registered at the Employment Center), you must apply for benefits to the social protection authorities at the place of registration.
Read also: Social care and guardianship of children
Important! An application for a one-time benefit for the birth of a child must be submitted before the baby is six months old. Otherwise, the right to receive funds is lost. The indicated period applies to all cases of receiving benefits, regardless of the place of receipt.
Why do you need a certificate of non-receipt of a lump sum benefit at the birth of a child?
Due to the fact that the law provides for several forms of payment of a lump sum benefit at the birth of a child and several of its possible recipients, when applying for a payment, the applicant must document the fact that the payment has not yet been provided to another recipient.
It is for this purpose that employers and employees of social protection authorities require the applicant to provide a certificate of non-receipt of a lump sum benefit upon the birth of a child by the child’s second parent. That is, this document makes it clear to the employer and the USZN employee that the possibility of the family receiving this payment is twice excluded .
“According to the law, every family that has a baby has the right to receive a one-time benefit. Only one of the parents, either dad or mom, has the right to receive these funds. Financial assistance can be obtained at the enterprise.
If the child’s parents do not have an official place of employment, you can contact the Multifunctional Center for services. Let's figure out what documents you will need when applying for the service.
This is an application for the assignment of benefits (a specialist will help you draw it up at the reception at the MFC), passports of both parents, the child’s birth certificate, a document confirming account details in a credit institution, a certificate of birth of the child, work books of both parents of the child.
An application for benefits must be submitted within 6 months from the date of birth of the child. Depending on your life situation, other documents may be required.”
Anastasia Afinogenova, specialist at the “My Documents” multifunctional center
How to issue a certificate of non-receipt of a one-time benefit at the birth of a child
The law does not establish a unified form of certificate confirming the fact that the child’s second parent did not receive child benefits at his birth. This means that the document can be drawn up in free form - there are no strict requirements for its preparation.
Important! The main requirement for the content of a certificate of non-receipt of a lump-sum benefit at the birth of a child is the presence of wording such as “a lump-sum benefit at the birth of a child was not assigned or paid to the recipient of the certificate.”
A certificate of non-receipt of a one-time benefit at the birth of a child will include the following details:
Details of the certificate Explanations Name of the organization that issued the certificate and its details. Help can be obtained:
- at the place of work of one of the parents;
- in social protection authorities;
- in the Social Insurance Fund.
Date of registration of the document As well as the outgoing registration number Name of the document “Certificate” Recipient of the certificate Indicates who the certificate was issued to - an employee of the organization (full name, position, structural unit), citizen (full name), individual entrepreneur (full name). The main content of the certificate (as evidenced by the issued document) Regulations on the non-provision of a one-time benefit at the birth of a child to the mother/father of the newborn (indicating the baby’s last name, first name, patronymic). Information about the employee who is the recipient of the document (if the certificate is issued at the place of work)
- personal data;
- position, structural unit;
- hiring time;
- number of the internal order on the employee’s enrollment.
Purpose of issuing a document As a rule, it is written: “For presentation at the place of request” Signatures of officials The seal of the organization is also affixed (the seal should not cover the signatures of officials)
Certificate of non-receipt of a one-time benefit at the birth of a child (sample)
Follow the link to download ⇒ Sample certificate of non-receipt of a lump sum benefit upon the birth of a child.
Certificate of non-receipt of a one-time benefit at the birth of a child for the child’s father from the Social Insurance Fund
Self-employed citizens do not have the right to issue a certificate to themselves - they can request the document at the territorial office of the Social Insurance Fund. This is relevant for the following categories of persons:
- Individual entrepreneurs (citizens registered with the tax authorities as an individual entrepreneur);
- private practitioners (notaries, lawyers and others).
Certificate of non-receipt of a one-time benefit at the birth of a child for the child’s father from the SZN authorities
In the territorial department of the social protection authorities, a certificate of non-receipt of a one-time benefit at the birth of a child is issued to a parent who does not claim to receive payment, if the mother and father of the newborn are not employed, and if the benefit is issued by a working parent. The following may contact the SZN authorities:
- full-time students of secondary secondary schools and universities;
- persons without a job (for any reason);
- non-working disabled people and pensioners;
- unemployed who are registered with the Employment Center and are looking for work.
Certificate of non-receipt of a one-time benefit at the birth of a child for the child’s father at the place of work
Important! Even if the child’s second parent is not officially employed or does not work at all, he is not exempt from receiving a certificate of non-receipt of benefits. Without this document, the second parent will not be able to claim payment.
If one of the parents works under an employment contract, the responsibility to receive benefits through the employer lies with him. If both parents are employed, either of them can apply for benefits. The second parent must ask his manager to provide him with a certificate of non-receipt of a lump sum payment if he:
- serves in the Ministry of Emergency Situations, the Ministry of Internal Affairs, the State Fire Service and other departments;
- performs military service under a contract in the ranks of the Ministry of Defense of the Russian Federation;
- works at the enterprise on the basis of a fixed-term or indefinite employment contract.
article ⇒ “Financial assistance from an employer at the birth of a child in 2020.”
Where is a certificate of non-receipt of a one-time benefit at the birth of a child issued for various categories of applicants?
Let us summarize and remind you in which cases citizens should apply for documents to their employer, the Social Insurance Fund and the Social Insurance Fund:
At the place of work Bodies of social protection of the population Social Insurance Fund Persons working under a fixed-term or open-ended employment agreement Unemployed people registered with the Employment Center Individual entrepreneurs Persons undergoing military service under a contract Non-working disabled people and pensioners Self-employed citizens registered with the Federal Tax Service Employees of the Ministry of Emergency Situations, the Ministry of Internal Affairs, the fire service and other departments Full-time students Private practitioners (notaries, lawyers) Unemployed for any reason
Where do you get a certificate of non-receipt of a lump sum benefit at the birth of a child if the child’s father refuses to issue it?
Important! If the parents divorced before applying for a lump sum child benefit, and if the child is being raised by a single mother (single father), a certificate of non-receipt of a lump sum benefit at the birth of the child is not required from the second parent.
But the law says nothing about how to act in a situation where the marriage between the parents has not been officially dissolved, and the child’s father refuses to provide a certificate indicating that he has not received child benefits. If the woman’s husband is officially employed, you can try to obtain a certificate directly from the employer . To do this you need:
- send a registered letter to the head of the enterprise with acknowledgment of delivery and a list of the attachments (or bring the letter in person);
- Attach to the letter a photocopy of the marriage certificate and the child’s birth certificate.
If the spouse is not employed or is an individual entrepreneur, it will not be possible to come to an agreement with an employee of the Social Insurance Fund or the Social Insurance Fund.
article ⇒ “How to get a free baby kit in 2020.”
Common mistakes regarding the preparation of a certificate of non-receipt of benefits at the birth of a child
Error No. 1: A woman applies for a one-time benefit for the birth of a child to the social protection authorities because she is not employed.
The child's father is also unemployed, so he is not involved in obtaining a certificate of non-provision of this payment. In fact, a certificate of non-receipt of a one-time benefit at the birth of a child from the child’s father is necessary in any case.
If the woman’s husband does not have a job, the document is drawn up in the social security authorities.
Error No. 2: The mother of a newborn, divorced from the baby’s father, applies for a lump sum benefit at the birth of a child. The child lives with his father. The mistake is that the benefit is issued to the parent with whom the child lives (the fact of cohabitation is confirmed by a certificate of family composition).
Answers to frequently asked questions about why you need a certificate of non-receipt of a lump sum benefit at the birth of a child
Question No. 1: The child’s mother is unemployed, and the newborn’s father is engaged in entrepreneurial activity. Can an individual entrepreneur issue a certificate of non-receipt of a lump-sum benefit to himself so that his wife can apply for a lump-sum benefit upon the birth of a child from the social security authorities?
No, an individual entrepreneur does not have the right to issue a certificate for himself. To do this, the individual entrepreneur must contact the Social Insurance Fund.
Question No. 2: Is it necessary to issue a certificate of non-receipt of a one-time benefit at the birth of a child if both parents do not have an official place of employment, and the mother of the baby submits an application to the social protection authorities?
Everything will depend on which social security department the mother submits an application for benefits to.
If a woman applies to the SZN authorities at the place of registration, a certificate of non-receipt of a one-time benefit for the birth of a child will not be needed.
If the documents are submitted to the SZN authorities at the place of actual residence of the child’s parents, a certificate of non-receipt of a one-time benefit at the birth of a child must first be obtained from the SZN authorities at the place of registration of the family.
Source: https://poluchi-lgoty.ru/spravka-o-nepoluchenii-edinovremennogo-posobiya-pri-rozhdenii-rebenka/