Maternity capital to pay for kindergarten allows parents not to use personal funds to support their child in a preschool educational institution. But spending public funds in this way has its own characteristics. You need to know what documents are required and how to complete the procedure.
- Using a certificate to pay for kindergarten services
- Rules and sequence of contract execution
- Providing the necessary documents to the Pension Fund of Russia
- Using public money for a private kindergarten
- What services does the preschool educational institution provide?
- Making payment with maternity capital
- Subtleties of compensation payment
- Positive and negative aspects of paying for kindergarten with maternity capital
- Payment for kindergarten with maternity capital
- What are maintenance, supervision and child care services?
- How to pay for kindergarten with maternity capital
- Signing an agreement with a preschool educational organization
- Sample contract
- Calculation of the amount of parental payment for child support
- Application and documents for payment for kindergarten to the Pension Fund
- Is the right to compensation for parental fees retained when paying with maternity capital?
- Is it possible to pay for a private kindergarten with maternity capital?
- Payment for educational services for individual entrepreneurs
- Is it possible to pay for kindergarten with maternity capital in 2020?
- Requirements for preschool educational institutions
- Payment order
- The nuances of drawing up an agreement with a kindergarten
- Where to apply and how to complete it correctly
- What documents need to be attached?
- Is it possible to receive compensation if maternity capital is used?
- The nuances of paying for private kindergartens with maternity capital
- Is it possible to pay with maternity capital for a kindergarten registered as an individual entrepreneur?
- Why can they refuse to pay for preschool education with a maternal certificate?
- Refund of overpaid amounts from maternity capital funds
- Is there still a right to a tax deduction when paying for kindergarten with maternity capital?
- How to pay for kindergarten with maternity capital
- Is it possible to pay for kindergarten with maternity capital?
- How to pay
- List of documents
- Conclusion of an agreement
- Payment amount calculation
- Is it possible to get compensation for paying for kindergarten?
- Is it possible to pay for a private kindergarten with maternity capital?
- Is it possible to pay for kindergarten with maternity capital?
- A set of measures for the maintenance and care of children
- Paying for kindergarten using maternity capital
- Drawing up an agreement with a preschool institution
- Calculation of the amount of parental payment for child support
- Documents for paying for kindergarten with maternity capital, provided to the Pension Fund of Russia
- Is it possible to receive compensation for parental fees when paid with maternity capital funds?
- Payment for a private kindergarten with maternity capital
- Payment to individual entrepreneurs for receiving educational services
Using a certificate to pay for kindergarten services
First you need to figure out whether it is possible to pay for kindergarten with maternity capital. According to the laws of 2020, you can use a certificate to pay for a preschool without even waiting until the child turns 3 years old.
To spend public funds you need to go to the Pension Fund. You must have an agreement with you from the preschool organization, which states that the maintenance of the child is paid.
Options for paying for kindergarten with maternity capital:
- By bank transfer to the account of a specific organization.
- For a child under 3 years of age, a certificate is provided to those who are entitled to it.
- You can spend the money on just one child or divide it among several.
Attention! Payment for kindergarten with mat capital can be carried out both in a public institution and in a private one.
The main thing is that organizations of individual entrepreneurs are registered as a legal entity and have the appropriate work permit.
Rules and sequence of contract execution
Parents who plan to enroll their child in kindergarten using maternal capital should study in detail the status of the preschool educational institution.
You need to take a referral from the local government and go to the manager. Next, an application is written and an agreement is drawn up on the child’s admission to kindergarten. Each organization has its own peculiarities of document preparation.
Features of drawing up a contract:
- Both parties to the contract must have the certificate.
- The contract must spell out all the nuances related to the upbringing and maintenance of the baby.
- The payment amount for a certain time period is indicated.
- You must indicate the details of the educational institution, information about its accreditation and charter.
Data on terms and payment are often included in a separate part of the contract. Transfers of funds are carried out by non-cash method.
Providing the necessary documents to the Pension Fund of Russia
When the agreement is drawn up, you need to go to the Pension Fund. Prepare the necessary package of documents in advance.
Documents to be submitted to the Pension Fund:
- A statement about the use of the certificate for a specific purpose.
- Copy of the agreement.
- Copies of payment papers – bank details of the kindergarten, availability of benefits and discounts.
- A copy of the garden's state license.
Using public money for a private kindergarten
Many parents are interested in whether it is possible to pay for a private kindergarten with maternity capital. The law allows this, the main thing is that the preschool organization has the appropriate state license.
Payment Features:
- An individual entrepreneur must have a license.
- Care and maintenance must be individual for each baby.
- The kindergarten must have state accreditation.
What services does the preschool educational institution provide?
Preschool organizations must provide food and education for children. Employees are also required to monitor the hygiene of children and provide household services (cleaning, washing, cooking). The institution must have a state license to operate and comply with sanitary requirements.
All employees must have medical records. The number of requirements for kindergarten depends on how much time the child spends there. If the baby stays in a preschool institution for 3-4 hours, then he needs to be provided with food and sleep.
If the duration of stay does not exceed 5 hours, then the child needs a walk and food. When the stay time exceeds 5 hours, the baby needs to be provided with meals 3-4 times a day, sleep and walks in the fresh air.
Making payment with maternity capital
The procedure has no difficulties. It is enough to simply draw up an agreement with the chosen kindergarten and submit it to the Pension Fund. Difficulties may arise during the drafting of the contract itself. Payment for kindergarten with maternity capital is carried out only by non-cash payment.
When can you make a payment:
- once a year;
- every month;
- every quarter.
Attention! It takes a month for the Pension Fund to review the application. After 2 months the first payment is made. The remaining funds are transferred in accordance with the agreement.
Subtleties of compensation payment
The law provides for the return of funds to parents or guardians. Payments are made from the local budget. The size of the payment depends on the number of children in the family. Sometimes compensation goes to cover services. Then parents and guardians receive nothing.
Positive and negative aspects of paying for kindergarten with maternity capital
Paying for kindergarten with maternity capital has positive and negative aspects. The final choice is always made by the certificate holders.
Advantages of paying for a garden with maternity capital:
- Possibility of using finance for any child in the family.
- You don't need a lot of documents.
- You can complete the procedure at any convenient time.
But there are also disadvantages to using a certificate this way. Thus, finances are transferred only by non-cash means. It may take a long time for the Pension Fund to agree. In addition, there are institutions that are not covered by this service (they do not have a state license).
Keeping children in kindergarten will help repay maternity capital. There will be no problems when applying for a certificate using this method. The main thing is that the chosen garden has state accreditation.
Source: https://pfrf-kabinet.ru/grazhdanam/poluchatelyam-msk/na-oplatu-detskogo-sada.html
Payment for kindergarten with maternity capital
In 2019, maternity capital can be used to pay for preschool education (including the maintenance of a child in kindergarten) without waiting for the child to reach 3 years of age .
In general, the full possibility of paying for kindergarten with MSK funds became one of the innovations of 2014 (however, initially this could only be done in a general manner - that is, after the second child turned 3 years old, which only created additional difficulties).
Then, thanks to the changes introduced by the Government on July 14, 2014.
No. 648, in addition to directly paying for a child’s education at a college or university, it is now fully possible to direct maternity capital to services for the maintenance, supervision and care of children in a preschool educational organization (preschool educational institution or, as before, preschool educational institution).
As usual, to use maternity capital funds in this area, you must contact the Pension Fund (PFR) with an agreement concluded between the certificate holder and the educational institution for the provision of paid educational services. The execution of such an agreement has a number of features.
It is important that the transfer of money in this direction is carried out:
- to a specific kindergarten only by cashless transfer directly;
- from 01/01/2018 - without waiting for the child who has been given the right to maternity capital to turn 3 years old;
- You can use the certificate to pay for services for one or several children at the same time.
But the services of individual entrepreneurs with maternity capital due to the fact that such a possibility is not yet provided for by law (although this issue has been discussed in the Government for a long time).
What are maintenance, supervision and child care services?
The concept of services for the maintenance of children in kindergartens and schools is disclosed in paragraph 34 of Art. 2 of Law No. 273 of December 29, 2012 “On Education in the Russian Federation.” Such services imply a whole range of measures and include :
- organizing children's meals;
- upbringing;
- ensuring personal hygiene;
- maintenance of household needs (washing, cleaning).
All these services are provided by preschool educational institutions with a license . As for other institutions carrying out educational activities and ensuring the implementation of preschool education programs, they also have the right to provide supervision and care for children, also if they have the appropriate license.
Educational organizations implementing preschool education programs can be:
- municipal;
- departmental;
- private.
The working hours in preschool institutions must be organized by employees of the educational organization providing care and supervision for children, in accordance with sanitary and epidemiological requirements , namely:
- compliance with the air-thermal conditions of the premises;
- provision of water supply;
- compliance of natural and artificial lighting with accepted standards;
- undergoing medical examinations by employees.
Depending on the length of a child’s stay in a preschool institution, child care and maintenance services can be organized as follows:
- 3-4 hours - with food and sleep;
- no more than 5 hours - with one meal, a walk of at least an hour, without sleep;
- over 5 hours - with 3-4 meals a day, a walk for an hour and sleep.
How to pay for kindergarten with maternity capital
At first glance, paying for kindergarten from maternity capital can be quite simple. To do this, the certificate holder must conclude an agreement with the educational organization and submit it to the Pension Fund.
However, in reality there are a number of features regarding:
- execution of such an agreement;
- legal features of the work activities of a particular educational institution.
Transfer of funds mat. capital to the account of the preschool educational institution will be carried out only by non-cash means . The family sending maternity capital to pay for kindergarten chooses a convenient transfer period:
- monthly;
- quarterly;
- one time per year.
Within a month after receiving the application, PFR specialists review the documents, after which, if it is satisfied, within two months , and the remaining transfers are made in accordance with the deadlines specified in the agreement.
Signing an agreement with a preschool educational organization
Parents planning to use maternity capital to pay for kindergarten services are advised to first familiarize themselves with the charter and license of the preschool educational institution.
When a child enters a state kindergarten on the basis of a referral issued by the local Department of Education, an agreement on child support .
Sample contract
Drawing up an agreement that will need to be submitted to the Pension Fund to pay for services with maternal capital has several features :
- the active parties to the contract must be the certificate holder and the educational institution;
- the text of the document must specify obligations for the maintenance and (or) supervision and care of the child;
- a specific amount must be indicated for a certain period, for example, a month, and not the cost of stay per day;
- The bank details of the institution must be provided in full, along with information about the organization’s charter and the availability of a license.
The amount, terms and procedure for payment for child care and maintenance services should be included in a separate section of the contract. Parental fees for services are paid by bank transfer to the institution’s account and within the time limits specified in the contract.
Calculation of the amount of parental payment for child support
In Art. 65 of the Law “On Education in the Russian Federation” contains information on the delimitation of obligations of budgets of different levels in relation to the costs of training preschool children, as well as their maintenance and supervision:
- provision of the educational process - regional budget;
- maintenance of property of organizations - local budget;
- maintenance, supervision and care of children - parental pay .
For certain categories of citizens, the founder has the right to reduce the amount of parental fees or not charge them at all. Such cases are negotiated by him independently. In special cases provided for in paragraph 3 of Art. 65 Federal Law No. 273 of December 29, 2012, parental fees are not charged at all , namely for children:
- disabled people;
- orphans and those left without parental care;
- with tuberculosis intoxication.
The methodology for calculating parental fees is established independently in the legislative acts of local authorities and may vary depending on the region.
In some regions, payment is set at a fixed amount and amounts to a certain percentage of monthly costs. However, it varies depending on the type and mode of operation of preschool groups.
Read also: Fine for loss of passport in 2020-2021
Parental fees may be reduced for the following reasons:
- due to the child’s illness (if confirmed by a medical certificate);
- due to quarantine in a group or in the entire institution;
- due to the absence of a child during the summer health period for a period of no more than 75 days in the summer months;
- due to the absence of a child during parental leave for a period of no more than 3 months per year;
- in case of downtime at the enterprise of the parents through no fault of the employee;
- when carrying out repair or emergency work in the preschool institution itself.
There is no single calculation for determining parental pay. In the general case, it is calculated based on the maintenance and care services actually provided , depending on the number of calendar days during which the service was provided.
Application and documents for payment for kindergarten to the Pension Fund
Having decided to pay for kindergarten with maternity capital, the owner of the certificate must contact the Pension Fund with a written application for the disposal of MSC funds or part thereof.
- The application form is issued by the territorial office of the Pension Fund of the Russian Federation at the place of registration or place of actual residence. Pension Fund specialists will help you correctly fill out a written application and will review the package of documents prepared by the applicant.
- The application must be accompanied by following documents:
- identification card of the applicant (or his legal representative);
- certificate for maternal capital;
- pension insurance certificate (SNILS) of the certificate holder;
- an agreement between the certificate holder and the educational organization with the attachment of the calculation of parental fees for the maintenance and care of the child.
You must contact the Pension Fund again to write the appropriate application in the following cases:
- if the terms of the contract are changed - with a statement to clarify the amount and terms of payment for the kindergarten with maternity capital and an additional agreement attached to the main contract;
- if the citizen who has received the certificate wishes to use maternity capital for other needs - an application to cancel the previous one (submitted no later than two months from the date of acceptance of the initial application, before the funds are transferred to the Pension Fund);
- in case of transfer to another kindergarten - an application for termination of the transfer of maternity capital to the educational institution specified in the contract, indicating the reason;
- in the event of the death of a child - a statement of refusal to transfer maternity capital funds, indicating the reason.
Excess amounts paid from maternity capital for the maintenance of a child in kindergarten must be returned to the Pension Fund budget.
Is the right to compensation for parental fees retained when paying with maternity capital?
According to the education law, part of parental fees can be returned to parents in the form of compensation from the local budget.
This is done for the purpose of additional social support for families in raising and educating children.
The amount of compensation is established by the regulations of the constituent entities of the Russian Federation and cannot be less than the established part, calculated from the average amount of parental payment for maintenance and care:
- for the first child - at least 20%;
- for the second child - at least 50%;
- for the third and subsequent children - at least 70%.
It is important that:
- if there is a right to compensation for part of the payment specified in the contract, parents who decide to pay for kindergarten with maternity capital retain this right ;
- in this case, the amount to be paid must be immediately calculated taking into account the compensation for part of the parental payment, and the compensation itself in monetary terms is not paid .
Given the difficult economic situation in the country, in some regions this rule was extended even to large families who suddenly learned that from January they would have to pay for kindergarten services in full on their own.
Is it possible to pay for a private kindergarten with maternity capital?
You can send maternity capital to pay for kindergarten services not only to a state organization, but also to a private one. According to Art. 11 Federal Law No. 256 of December 29, 2006 “On additional measures of state support for families with children,” maternity capital can be used to pay for the services of any educational institution that has the right to provide such services.
But do not forget about some significant features if you want to use MSC funds to pay for the services of private kindergartens:
- availability of an appropriate license;
- a clear distinction between services for the maintenance, care and supervision of a child and paid training services within the framework of educational programs;
- availability of state accreditation for educational programs implemented in a private kindergarten.
Often in practice it turns out that the organization has a license and all paid educational services are separated into a separate agreement. However, due to the lack of state accreditation for training programs, only maintenance, supervision and care services can be paid for with maternity capital.
Although it is obvious that initially wider opportunities for using the MSK certificate in this area could solve two existing problems at once:
- reduce the queue for municipal kindergartens;
- give mothers the opportunity to go to work earlier.
Payment for educational services for individual entrepreneurs
Services for the maintenance of preschool children can be provided by kindergartens operating not only in the form of a legal entity, but also by individual entrepreneurs (IP). A distinctive feature of their activities is their legal status and the need for certain documents:
- To carry out educational activities directly by an individual entrepreneur, it is enough only to have a certificate of state registration .
- in the case of attracting teachers and transferring to them part of their functions in teaching children, an individual entrepreneur will need a license to provide educational services .
Thus, payment for educational services of individual entrepreneurs using maternity capital can only be done if they have a license, and since they are not required by law to have one, in reality no one makes any effort to obtain it.
In addition, the very fundamental possibility of using a certificate to pay for educational services provided by individual entrepreneurs (private kindergartens and nannies) is still under discussion.
Source: http://pro-materinskiy-kapital.ru/ispolzovanie/obuchenie/oplata-za-detsad/
Is it possible to pay for kindergarten with maternity capital in 2020?
From January 1, 2018, you can pay for preschool education of children using maternity capital until the child reaches the age of 3 years. To use state support, you must draw up an agreement on the provision of paid services with a preschool institution and submit an application to the Pension Fund. However, there are a number of important nuances, if not observed, the transfer of funds may be refused.
Requirements for preschool educational institutions
Types of kindergartens vary depending on the form of payment:
- Private - parents pay in full.
- Municipal - at the expense of the federal or local budget.
- Departmental - at the expense of the federal budget or the parent’s employing organization.
Depending on the time the child spends in kindergarten, the daily routine should be organized as follows:
- When staying for more than 5 hours - 3-4 meals, sleep and a walk.
- At 3-4 hours - sleep and feeding.
- Less than 3 hours - no sleep, 1 meal and a walk of at least 1 hour.
You can pay with maternity capital for the services of all the listed institutions; the legislator does not establish strict requirements in this regard. The main condition is that the preschool educational institution must be registered as a legal entity. In addition, maternity capital is allowed to pay for the maintenance of not only one, but also several children in kindergarten. In 2018 alone, more than 9,000 families took advantage of this right.
A kindergarten must also have a license, which must include a description of the services provided:
- service of household needs;
- child care and supervision;
- control over personal hygiene;
- providing adequate nutrition;
- upbringing.
All children's institutions, regardless of the form of payment and the length of time children are kept in them, are required to comply with SanPin standards. In particular, it is necessary to provide children with a balanced diet appropriate for their age, adherence to the temperature in the room and the permissible noise level, and the absence of industrial enterprises nearby.
Payment order
To pay for kindergarten with maternity capital, you must:
- Conclude an agreement with the preschool educational institution for the provision of services on a paid basis.
- Submit the agreement, application and other documents to the local Pension Fund office.
- Wait for the decision of the Pension Fund. Approval of an application can take up to two months, so it is worth submitting documents in advance. For example, if you are going to send your child to kindergarten in September, start applying for a subsidy in June.
- If the decision is positive, the first payment will be made within two months, the rest - in accordance with the schedule established by the agreement.
Parents can choose the period for which to transfer money at their discretion:
- one-time payment for the whole year;
- monthly fee;
- quarterly payments.
Reference! Maternity capital funds can only be transferred in non-cash form to the bank account of the preschool educational institution. The certificate cannot be cashed; even if the contract is terminated, the money must be returned to the Pension Fund.
The amount of kindergarten fees is reduced in the following cases:
- quarantine;
- illness of the child (medical certificate required);
- summer holidays (lasting no more than 75 days);
- the child’s failure to attend kindergarten during parental leave, but not longer than 3 months;
- carrying out repairs or eliminating an accident in a preschool educational institution;
- simple in the organization where parents are employed.
According to paragraph 3 of Art. 65 Federal Law 273 of December 29, 2012, the fee is reduced or completely canceled for children:
- left without parents;
- with a disability;
- patients with tuberculosis.
Payment for kindergarten is made upon attendance and provision of services.
The nuances of drawing up an agreement with a kindergarten
The decision to admit a child is made by the head of the kindergarten. You need to contact her to conclude an agreement. First, parents need to study the license and charter of the preschool educational institution.
Directly when drawing up an agreement with a kindergarten, a number of nuances should be taken into account:
- parties to the agreement - a parent with a maternal certificate and a preschool institution;
- the obligation to look after the child, support and care for him must be specified;
- the procedure, amounts, terms of payment are included in a special section of the agreement;
- The details of the kindergarten, information about its license and charter must be written down;
- a bank account for transferring funds must be indicated.
Download the agreement on the maintenance of a child in kindergarten (Sample.doc)
Recommendation! For convenience, it is better to put the term, amount, and payment procedure in a separate section of the contract and write it down in detail.
Where to apply and how to complete it correctly
The application can be submitted in one of the following ways:
- by personally contacting the PFR office at the applicant’s place of residence;
- through the MFC;
- in electronic form through State Services or the service on the Pension Fund website.
When sending an electronic application within 5 days, the parent will still have to come to the Pension Fund or MFC office and provide the collected documents. However, through State Services you can make an appointment at a certain time so as not to sit in line.
The application must indicate the following information:
- Full name of the child’s legal representative;
- a request to send maternity capital funds to pay for kindergarten;
- Full name and date of birth of the child for whom the certificate was received;
- list of attached documents;
- current date and signature of the applicant.
If the application is approved, parents will receive a notification that money will be sent to pay for the kindergarten. This document should be taken to the preschool educational institution.
What documents need to be attached?
To obtain permission to use maternity capital to pay for kindergarten, you need to prepare a package of documents:
Title of the document Explanation Application for disposal of maternity capital funds for the maintenance of a child in a preschool educational institution To be completed in the Pension Fund of the Russian Federation. You need to have a certificate for maternity capital, SNILS and the baby’s birth certificate with you. A copy of the agreement with the kindergarten The document must be certified by the head of the preschool educational institution. Mandatory items - the name of the child support service, the amount and timing of payment. A copy of the addendum to the agreement The text provides payment calculations, indicates benefits and additional discounts, as well as a current account for transferring money. Certified copies of the charter and license are no longer required in accordance with Government Decree No. 377 of 04/23/2012.
The application form can be obtained from the territorial office of the Pension Fund of the Russian Federation at the place of permanent registration or actual residence. The entire package of documents for payment is also submitted there.
Is it possible to receive compensation if maternity capital is used?
Payment for kindergarten with maternity capital does not cancel the compensation of part of the amounts from the local budget. In this way, the state provides additional social support to families raising and educating children.
The amount of compensation is fixed in regional regulations. In this case, the minimum values are defined:
- for the firstborn - at least 20% of the cost of kindergarten services;
- for the second child - at least 50%;
- for the third and subsequent ones - at least 70%.
When maternity capital funds are used, the monetary compensation itself is not returned to the parents. The amount of kindergarten fees is initially reduced by the calculated amount.
Reference! According to amendments to Law No. 388-FZ of December 29, 2015, from the beginning of 2016, regional and municipal authorities can now, at their discretion, establish the degree of need for compensation. In some areas, this rule even applies to large families who are forced to pay for kindergartens entirely out of their own pockets.
The nuances of paying for private kindergartens with maternity capital
If a child goes to a private kindergarten, paying for it usually takes a significant part of the family budget. You can reduce this expense item with the help of maternal capital.
The Pension Fund of Russia makes the following requirements for private kindergartens:
- Location on the territory of the Russian Federation.
- Status of a legal entity and availability of a license to conduct relevant activities.
- Carrying out training activities strictly according to programs that have passed state accreditation.
- The presence of a strict distinction between services for supervision, care, maintenance of children and additional services for training and development in accordance with accepted educational programs.
It is important to know! Most of the private kindergartens currently operating have not passed state accreditation. In such cases, state support funds can only pay for the maintenance and care of the baby, and parents will have to pay for educational and developmental activities out of their own pockets.
Is it possible to pay with maternity capital for a kindergarten registered as an individual entrepreneur?
If the preschool educational institution you choose is registered as an individual entrepreneur, the requirements for it will be the same as for other institutions.
Typically, individual entrepreneurs are home kindergartens or regular nannies who look after one or more children.
They must have a state registration certificate, and if there are training and development programs, they must also have an appropriate license.
Only if the kindergarten has a license is it allowed to pay for services using maternity capital. However, in practice, most individual entrepreneurs are in no hurry to receive it, since by law it is not mandatory for them. So parents will most likely have to either pay for their services at their own expense or look for other preschool institutions.
Why can they refuse to pay for preschool education with a maternal certificate?
The Pension Fund of the Russian Federation may refuse to transfer maternity capital funds to pay for kindergarten if the following are identified:
- The absence of one or more required documents or errors in their preparation.
- Facts of receiving such a subsidy in the past.
- Lack of a license to provide educational services.
- The preschool educational institution does not have a registered legal entity status.
If there are any errors or missing documents, they can be completed and resubmitted. If the kindergarten does not meet the requirements, you should find another one and contact the Pension Fund again.
Refund of overpaid amounts from maternity capital funds
Excess maternity capital funds spent on paying for kindergarten must be returned to the Pension Fund budget. Therefore, you need to contact the Pension Fund again with an application in the following cases:
- If you want to redirect state support funds for other purposes , an application to cancel the previous one is drawn up. It can be submitted within two months after the first application is accepted and before the transfer of funds by the Pension Fund.
- When transferring a child to another kindergarten , an application to stop payments is submitted to the preschool educational institution specified in the contract, explaining the reason. A document confirming the child’s expulsion from kindergarten must be attached.
- Upon the death of a child , a statement is written about the refusal to transfer maternity capital to pay for the kindergarten, indicating the reason. A death certificate must be attached.
- If the terms of the contract change , an application is drawn up to adjust the amount and frequency of payments. It must be accompanied by an additional agreement to the main contract.
Recommendation! To avoid problems in the future, an additional agreement should be concluded immediately. It should include a condition that if the contract is terminated or the child stops visiting, the money will be returned to the PRF. Then you won’t have to send additional requests and waste your time.
Is there still a right to a tax deduction when paying for kindergarten with maternity capital?
Parents will not be able to apply for a tax deduction for two reasons. Firstly, it can only be obtained after paying for the child’s education. Content in a preschool educational institution is not taken into account in this case. Secondly, the use of maternity capital funds to pay for education excludes the possibility of obtaining a tax deduction (Article 219 of the Tax Code of the Russian Federation).
Source: https://glavny-yurist.ru/kak-oplatit-detskij-sad-materinskim-kapitalom.html
How to pay for kindergarten with maternity capital
Since 2007, the Government of the Russian Federation has been implementing a project to provide financial support to families who have a second or subsequent child. Educational services often become a priority for parents who choose the scope of government assistance.
Is it possible to pay for kindergarten with maternity capital?
Since 2014, federal maternity capital has been allowed to pay for education at universities, schools and colleges. Since 2018, parents have the right to use funds to pay for preschool education until the child reaches the age of three.
By law, payment is made for state institutions or private institutions. The main condition is cashless payment. Parents have the right to contribute funds for education not only for the child who has given the right to payment, but also for other children in the family.
It is important to take into account a number of features when allocating government support funds to pay for kindergarten. A general education organization must operate officially or be accredited if the institution is private.
Otherwise, the Pension Fund will reject the application. A corresponding agreement is previously concluded.
Payment with maternity capital (hereinafter referred to as MK) funds for individual entrepreneurs in this area is not provided for by law.
How to pay
Parents sign an agreement with the educational organization. Then they provide it and other documents to the Pension Fund department. At this stage, it is important to take into account the subtleties of concluding a contract, as well as the work of the institution from a legal point of view. The mother and father choose the period for depositing funds independently. The amount can be received monthly, quarterly or annually by bank transfer.
Following the submission of the package of documents, the Pension Fund authorities consider the application. The decision-making period is 14-30 days from the date of registration. After a positive response, the money is transferred to the organization’s account within one and a half months (1st payment), the remaining payments will be made taking into account the terms specified in the agreement.
Read also: Payment for education with maternity capital
List of documents
After signing the agreement, the following documents are provided to the local Pension Fund office:
- applicant's passport;
- certificate;
- application (taken from the Pension Fund department);
- an agreement (as well as a copy thereof) concluded with an educational organization;
- auxiliary agreement (concluded to introduce conditions not specified in the contract).
The application is submitted to the local departments of the Pension Fund, MFC, and is completed on the official website of the Pension Fund or the State Services Internet portal (pre-registration is required).
Conclusion of an agreement
It is important to carefully read the terms and conditions when signing the contract. Pay attention to the issues related to the organization’s license and check that the following items are filled out correctly:
- payment period and calculation of its amount;
- goals of the activities of the preschool organization and responsibilities for supporting the child;
- deadline for transferring funds from family capital;
- obligation to care for the child;
- circumstances guaranteeing a refund;
- bank account for transferring funds to the organization;
- sample contract.
Payment amount calculation
As for the costs of preschool education for children in municipal preschool educational institutions, there is a distinction between sources of funding. Thus, the item “maintenance, care and supervision of the child” (food, education and other household needs) is paid by the parents.
It is to pay for these expenses that MK can be used. The amount of the fee is calculated individually and determined by the preschool institution. Sometimes a subject of the Russian Federation designates a fixed number.
The amount cannot exceed the norm established in a particular region of the country.
The legislation also provides for cases where no fee may be charged at all if the child falls into the following categories:
- has a disability;
- an orphan or a child left without parental care;
- has tuberculosis intoxication.
The rule for the method of calculating the amount is established by specialized local government bodies and is enshrined in the relevant acts. The amount of the fee is determined by the operating hours, type of preschool organization and other determining criteria.
The amount of payments changes in the following situations:
- illness of the child confirmed by a medical institution;
- absence due to parental leave for no more than ninety days a year;
- failure to appear at a child care facility during the summer holidays (no more than seventy-five days);
- quarantine in a kindergarten or in a group;
- repairs in the organization;
- downtime of the enterprise where the parent works through no fault of his own.
Read also: Selling a house purchased with maternity capital
There is no unified system for calculating parental fees, but it depends on the number of days the institution provides services for the child (that is, the child went to kindergarten).
Is it possible to get compensation for paying for kindergarten?
The conditions for receiving compensation are specified in the agreement concluded with the preschool educational institution. You should take into account the moment when filling out the paperwork and make sure that the appropriate clause is available, additionally discuss, and prescribe in advance the conditions for the return of compensation.
According to the rule, part of the money spent by the parent can be returned. A family member who pays for the care and maintenance of children has the right to count on this. The refund amount is:
- 20% in case of payment for the 1st child;
- 50% - for the 2nd;
- 70% - for the 3rd, 4th and so on.
If the service is paid not from parental funds, but from the MK amount, then receiving compensation is impossible. Since the MK money is transferred from the state budget, and the payment of the return comes from the regional budget.
Is it possible to pay for a private kindergarten with maternity capital?
If the organization is represented by a legal entity, has been accredited, confirmed by a license, and has the right to provide general educational services, then you can pay for a commercial preschool institution using the certificate.
The form of ownership, in general, does not matter. The main thing is that the organization is located on Russian territory.
As for fees for preschool education provided by individual entrepreneurs, the issue is being discussed by the Government of the Russian Federation, but at the moment no final decision has been made.
Source: https://gosuslugi365.ru/materinskij-kapital/oplatit-detskij-sad-materinskim-kapitalom.html
Is it possible to pay for kindergarten with maternity capital?
From state support funds in the form of maternity capital, you can pay not only directly for training (educational services), but also for the maintenance of a child in a children's educational institution .
As usual, in order for maternity capital funds to be used for this purpose, you need to contact the Pension Fund with an agreement on the provision of paid educational services concluded between the educational organization and the certificate holder.
There are a number of features in the design of this agreement.
Funds are transferred in this direction:
- non-cash to a specific kindergarten;
- after the child, with whose birth (adoption) the right to maternity capital arose, turns 3 years old ;
- to pay for services for one or several children at once.
It should be noted that you can pay for services provided by both public and private educational organizations. To do this, a private kindergarten must operate as a registered legal entity and have the necessary license for this work.
A set of measures for the maintenance and care of children
In paragraph 34 of Art. 2 of Law No. 273 of December 29, 2012 reveals the concept of services for the maintenance of children in educational institutions. These services represent a set of measures :
- on education;
- on organizing children's nutrition;
- to ensure personal hygiene;
- for servicing household needs.
Children's educational institutions (preschool educational institutions) can provide these services if they have a license . Regarding other organizations that provide educational services and implement preschool education programs, they also have the right to provide care and supervision for children if they have the appropriate license.
Educational organizations that implement preschool education programs can be:
- private;
- municipal;
- departmental.
Employees of an educational organization providing care and supervision for children must organize the operating hours of the preschool institution in accordance with sanitary and epidemiological requirements:
- The air-thermal conditions in the room must be observed;
- natural and artificial lighting in the room must comply with the standards;
- provision of water supply;
- employees are required to undergo medical examinations.
Depending on how long the child stays in the preschool educational institution, child care and maintenance services are organized as follows:
- 5 hours or more - with 3-4 meals a day, sleep and a walk for an hour;
- 3-4 hours - with sleep and food;
- no more than 5 hours - without sleep, with one meal and a walk of at least an hour.
Paying for kindergarten using maternity capital
It may seem that paying for a kindergarten with maternity capital will not be difficult. After all, to do this, the certificate holder simply needs to conclude an agreement with the preschool educational institution and submit it to the Pension Fund.
But in fact there are a number of features regarding:
- execution of this agreement;
- legal features of the work activities of an educational organization.
Maternity capital funds can be transferred to the DOW account only by non-cash means . A family that has decided to use capital to pay for kindergarten can choose the most convenient transfer period :
- one time per year;
- monthly;
- quarterly.
After receiving the application, PFR specialists review the submitted documents within one month. If the decision is positive, the first payment is made within 2 months, and the remaining transfers are made according to the deadlines specified in the contract.
Drawing up an agreement with a preschool institution
Parents who plan to pay for kindergarten services using family capital are advised to familiarize themselves with the license and charter of the preschool educational institution .
Based on the referral issued by the local Department of Education, the child is admitted to a state kindergarten, and an agreement on the maintenance of the child is concluded between the preschool educational institution represented by the head and the parents.
Please note that the proposed sample is not mandatory , and if necessary, the parties to the contract can make adjustments to it.
a number of features in drawing up an agreement that will need to be submitted to the Pension Fund for payment of services with maternity capital :
- the parties to the agreement must be the certificate holder and the educational organization;
- the contract must specify obligations for the supervision and maintenance of the child;
- the document must indicate a specific amount for a certain period (a month, for example, and not the cost of a stay per day);
- It is necessary to indicate the bank details of the organization along with information about the license and charter of the institution.
The procedure, terms and amount of payment for services for the maintenance and supervision of a child should be highlighted in a separate section of the contract. Parental fees for services are deposited into the organization’s bank account in non-cash form within the time limits specified in the agreement.
Calculation of the amount of parental payment for child support
Information on the obligations of budgets of different levels in relation to the costs of training, maintenance and supervision of preschool children is contained in Art. 65 of Law No. 273 of December 29, 2012:
- care, maintenance and supervision of children - for parental pay ;
- provision of the educational process - from the regional budget ;
- maintenance of institutional property - from the local budget .
The amount of fees charged to parents is set by the founder of the preschool educational institution (usually the municipality). Its maximum size is determined in accordance with the regulations of the constituent entities of the Russian Federation in relation to each municipal entity that is located on its territory.
The founder may reduce the amount of parental fees or not charge them at all for certain categories of persons. In cases provided for in paragraph 3 of Art. 65 Federal Law No. 273 of December 29, 2012, no fee is charged for children:
- left without parental care and orphans;
- disabled people;
- with tuberculosis intoxication.
The legislative acts of local governments establish a methodology for calculating parental pay, which may vary . In some regions, payment is set at a fixed amount and is equal to a certain percentage of monthly costs. However, it may vary depending on the type and mode of operation of the preschool educational institution.
Parental fees may be reduced in the following situations:
- due to quarantine in a group or in the entire organization;
- due to the child’s illness (subject to a medical certificate);
- in the absence of a child during the summer for a period of no more than 75 days during the summer months;
- in the absence of a child during parental leave for a period of no more than 3 months per year;
- when carrying out repairs or emergency work in a preschool institution;
- due to downtime at the parents' enterprise (not the fault of the employee).
Parental fees are calculated based on the care and maintenance services actually provided, depending on the number of days during which the service was provided.
Documents for paying for kindergarten with maternity capital, provided to the Pension Fund of Russia
Having decided to pay for kindergarten with maternity capital, the certificate holder needs to contact the Pension Fund with an application for disposal of maternity capital or part of it.
The application form is issued by the PFR authorities at the place of residence or place of registration. Pension Fund specialists will help you fill out the application correctly and will review the package of documents that must be attached to the application:
- passport of the applicant (or his legal representative);
- certificate for maternity (family) capital;
- SNILS of the certificate holder;
- agreement between the educational organization and the owner of the certificate.
A repeated application to the Pension Fund of Russia to submit the appropriate application is necessary in the following cases:
- if a citizen who has received a certificate wants to use maternity capital for other purposes - an application to cancel the previous one (submitted no later than 2 months from the date of acceptance of the first application, before the transfer of funds to the Pension Fund);
- if the terms of the contract have changed - a statement to clarify the amount and term of payment for the kindergarten with maternal capital (with an additional agreement attached to the contract);
- if the child is transferred to another educational institution - a statement of refusal to transfer family capital to the preschool educational institution specified in the agreement, indicating the reason;
- if the child died - an application to terminate the allocation of maternity capital funds, indicating the reason.
Excess amounts transferred from maternity capital funds for the maintenance of a child in kindergarten must be returned to the Pension Fund budget.
Is it possible to receive compensation for parental fees when paid with maternity capital funds?
According to Law No. 273 of December 29, 2012, part of the parental fee is compensated to parents from the local budget. This is done to provide additional social support to families with children. The amount of compensation is established in accordance with the regulations of the constituent entities of the Russian Federation, and it cannot be less than the established part, calculated from the average amount of parental pay:
- for the 3rd and subsequent children - no less than 70% ;
- for the 2nd child - no less than 50% ;
- for 1st child - no less than 20% .
The important points are that:
- if there is a right to compensation for part of the payment specified in the contract, parents who decided to pay for kindergarten with maternal capital will retain this right;
- in this case, the amount to be paid must be calculated taking into account compensation for part of the parental fee, and the parents do not receive monetary compensation.
Since January 2016, regions and municipalities have the right to independently determine the criteria of need to provide compensation for parental pay.
Payment for a private kindergarten with maternity capital
In accordance with Art. 11 Federal Law No. 256 of December 29, 2006, maternity capital can be used to pay for the services of any educational organization that has the right to provide such services, i.e. it can be either a state kindergarten or a private one .
If you want to pay for the services of a private kindergarten with capital, you need to know about some features of these organizations :
- the garden must have an appropriate license;
- services for the care, maintenance and supervision of a child and paid services within the framework of educational programs must be clearly distinguished;
- educational programs implemented in a private kindergarten must have state accreditation.
Very often it turns out that the institution has a license and paid educational services are provided under a separate agreement, but due to the lack of state accreditation for educational programs, it is only possible to pay with family capital for maintenance, care and supervision services .
If the possibilities for using maternity capital in this direction were expanded, two quite significant problems would be solved:
- queues for municipal kindergartens have become shorter;
- mothers now have the opportunity to go to work earlier.
Payment to individual entrepreneurs for receiving educational services
Kindergartens operating as individual entrepreneurs have the right to provide services for the maintenance of preschool children. Legal status and the need for certain documents are their distinctive feature:
- If educational activities are carried out directly by an individual entrepreneur, then he only needs a certificate of state registration .
- If educational activities involve the involvement of teachers and the transfer of part of the functions of teaching children to them, then the individual entrepreneur will need a license to provide educational services .
It turns out that it is possible to pay for the educational services of individual entrepreneurs from maternity capital funds only if they have a license, but since they are not required by law to have one, almost no one makes an effort to obtain it.
Source: http://materinskiy-kapital.molodaja-semja.ru/kak-ispolzovat/na-obuchenie/na-oplatu-detskogo-sada/