10:41 — REGNUM
Russian President Vladimir Putin announced new measures to support the family and stimulate the birth rate: from January 1, 2018, a new species will appear in Russia social payments- allowance for families in which the first child was born. On average, it will amount to 10.5 thousand rubles.
Not all will receive payments: those families in which the average per capita income is less than one and a half living wages of the working-age population will be able to apply for the allowance (this value is set for each region by local authorities). Data will be taken into account for the second quarter of the previous year.
In Russia, the average subsistence minimum for the working-age population in the second quarter of 2017 amounted to 11,163 thousand rubles, the subsistence minimum for a child, according to which the amount of the benefit is determined, was 10,160 thousand rubles. For example, in Moscow, a family can apply for benefits for the first child if the total family income does not exceed 84,339 rubles. per month. The allowance, according to the regional minimum, will be 14,252 rubles.
According to the President of the Russian Federation, the implementation of this measure will require 144.5 billion rubles over three years. This amount will be enough to pay about 370 thousand targeted benefits every month. The payment will be financed from the reserve funds of the government and the president, already included in the budget for 2018-2020.
This was stated by Finance Minister Anton Siluanov. He explained that changes in the draft federal budget for 2018-2020 in connection with the need to fulfill the instructions of the president in the field of demography will not be required. The reserve fund of the president in 2018 is 10 billion rubles, of the government - 52.6 billion rubles. For "measures carried out on the basis of individual decisions of the President of the Russian Federation", there is another 503 billion rubles in reserve. for three years.
Labor Minister Maxim Topilin said that in the near future, bills corresponding to the instructions of the President of the Russian Federation will be considered and introduced. In general, according to experts, this measure should stimulate the birth rate. However, a number of concerns were also expressed.
For example, if we talk about the benefit in general, then it will certainly help a family that postponed the birth of their first child due to material reasons to decide on this step. But children do not live up to one and a half years, and you need to think, but what should the family do next?
What will happen to the child in a year and a half, because further no serious payments to the family are provided, but there is something to eat. The point is that the mother needs to go to work, but in fact it is impossible: there is no one to leave the child with until the age of three. If the grandmother does not come to the rescue, then there are no options - it is impossible to get into the nursery. They are either not there, or they are overcrowded. Consequently, one father works through this "window" until the child is three years old, and the mother is left without serious support. This is if the father is, and does not abandon the family.
On the other hand, the child finds himself in some kind of infrastructure. And there were not enough places in kindergartens, and there are still not enough places. They also promised to solve this problem, but they have been promising for more than a year.
There is one more aspect: the juvenile system formed in the country, in which poor family- and this is, in principle, any family that has declared the need to receive assistance from the state, falls under the cap of social protection. Having declared your socially dangerous position, you can easily be suspected of being in trouble - and here it is only one step before the child is removed.
And the point is not only that even the infrastructure existing for the child - education, treatment, development, is in a deplorable state. And the fact that it is being strenuously transferred to private rails and "optimized" in all possible ways. As a result of optimizations, people simply lose access to medical care, including for children. How can 10 thousand people in a village help a sick child, if the nearest hospital is 100 kilometers away and the ambulance breaks down? Call a taxi? Will it have time to deliver it?
And the main thing. Again it turns out that right hand doesn't know what the left one is doing. The day before the head of the Ministry of Finance Anton Siluanov announced the need to change the system social support population of the Russian Federation.
“The time has come to reformat the levels of social support that are provided today at the expense of the state to those citizens who need it more,” - said the minister during the forum in Moscow.
Now, according to him, seven out of ten people receive state support, despite the fact that there are much fewer people in need. And it is necessary to concentrate resources precisely among those in need, which, according to Siluanov, will create conditions for increasing demand among the population, which will lead to the development of the economy. Thus, the Ministry of Finance proposes to reduce the number of recipients of social support from the budget, while increasing payments for those who really need help.
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An increase in the minimum wage to 7,800 rubles from July 1, 2017 in some situations will affect the calculation of sick leave, maternity and child benefits. But it is worth noting that no indexation of benefits will take place from July 1, 2017, just due to the increase in the minimum wage, there have been changes in the calculation and minimum values. Let's figure it out in more detail.
The minimum benefits have increased since July 1, 2017. The minimum wage for calculating benefits for two accounting years will be 187,200 rubles. (7800 rubles * 24 months) or 256.44 rubles. per day (187,200 rubles / 730 days). This change will affect the calculation of sick leave and maternity leave in two cases:
If the employee did not have earnings for the billing period;
If a average earnings calculated for the specified period, calculated for a full calendar month below the minimum wage on the day of the insured event.
Another reason for the payment of the minimum allowance is if an employee who is on sick leave during the period of disability due to his own illness violated the regime prescribed by the doctor.
Minimum maternity allowance
Let us remind you that maternity leave is a legally established paid period of 140, 156 or 194 days, which every woman is entitled to to give birth to a child and restore her health.
Until July 1, 2017, the minimum wage was set at 7,500 rubles, and if maternity leave began in 2017 (from February 1 to June 30), then the minimum average daily earnings for calculating maternity allowance should be taken equal to 246.575342 p. (7500 rubles * 24 months / 730). This value is used to further calculate the benefit if it turned out to be more than the actual average daily earnings of the employee. The minimum amounts of maternity benefits until June 30, 2017 will be as follows:
RUB 34,520.55 (246.575342 p. * 140 days) - in the general case;
RUB 47,835.62 (246.575342 p. * 194 days) - with multiple pregnancy;
RUB 38,465.75 (246.575342 p. * 156 days) - with complicated childbirth.
From July 1, 2017 minimum size maternity payments must be calculated from the new minimum average daily earnings of 256.438356 rubles. Here are the new values of the minimum maternity benefits from July 1, 2017 with different length of leave:
RUB 35,901.37 (256.438356 * 140 days) - in the general case;
RUB 49,749.04 (256.438356 * 194 days) - with multiple pregnancy;
RUB 40,004.38 (256.438356 * 156 days) - with complicated childbirth.
Let's look at the changes by examples.
Example 1.O. N. Kurochkina wishes to go on maternity leave from 28 July 2017. The settlement period is from January 1, 2015 to December 31, 2016. There was no earnings in the billing period. Insurance experience - 7 months. The regional coefficient is not applied. The minimum average daily wage is RUB 256.438356. (7800 rubles * 24 months) / 730. Daily allowance - 256.438356 rubles. (256.438356 p. * 100%). As a result, the amount of the allowance to Kurochkina O.N. for 140 calendar days of the decree, calculated from the minimum wage in the minimum allowable amount, will be 35 901.37 rubles. (256.438356 p. * 140 days).
By the beginning of the maternity leave, a woman's experience may be less than six months. This happens, for example, if this is the first place of work. Then the maternity wages for a full calendar month should not exceed the minimum wage (part 3 of article 11 of the Federal Law of December 29, 2006 No. 255-FZ). In areas with regional coefficients - in an amount not exceeding the minimum wage, taking into account such coefficients.
Example 2 Ivanova S.P. from June 21, 2017 goes on maternity leave. It will end on November 8, 2017. In the billing period from January 1, 2015 to December 31, 2016, she has no earnings. Insurance experience - 5 months and 1 day. The regional coefficient is not applied.
Let's determine the average daily earnings based on the minimum wage, which was applied at the beginning maternity leave(that is, in June). Average daily earnings will be 246.58 rubles. (7500 RUB * 24 months / 730 days). Accordingly, the daily allowance will be 246.58 rubles. (246.58 p. * 100%).
The maximum daily allowance, depending on the number of calendar days, is as follows:
in June - 250 p. (7500 rubles / 30 calendar days);
July, August and October - 251.6129 rubles. (7800 rub. / 31 calendar days);
September and November - 260 rubles. (7800 rub. / 30 calendar days).
Now let's compare the amount of the daily allowance from the minimum wage with the maximum daily allowance for each month of maternity leave. And it turns out that the daily allowance based on the minimum wage does not exceed the maximum daily allowance in all months of maternity leave:
246.58 RUB< 250 р.;
246.58 RUB< 251,6129 р.;
246.58 RUB< 260 р.
Thus, the accountant has the right to calculate the allowance from the daily allowance calculated from the minimum wage - 246.58 rubles. As a result, the size of the allowance to S.P. Ivanova for 140 calendar days of the decree will be 34,520.54 rubles. (246.58 rubles * 140 days), where 140 days is the duration of maternity leave.
Minimum childcare allowance
The employer must pay the childcare allowance to the employee on a monthly basis in an amount equal to 40% of the average earnings, but not less than the minimum amount (clause 1 of article 11.2 of Federal Law No. 255-FZ of December 29, 2006).
The amount of the minimum allowance (for the first child) from July 1, 2017 cannot be smaller, calculated from the new minimum wage, namely 3120 rubles (7800 rubles * 40%). However, you should only use the new value if parental leave started on or after July 1, 2017. At the same time, the minimum wage for caring for the second and subsequent children does not change. It remains in the amount of 6,131 rubles before and after July 1.
Example 3.An employee goes on leave to care for her first child in the summer. The estimated period is 2015-2016. During this time, she was credited with 122,907.72 rubles. There were no excluded periods. The monthly allowance based on actual earnings will be: 142,901.12 rubles / 731 days. * 30.4 days * 40% = RUB 2044.54 Let's consider two situations. The first is that the nursing leave starts before July 1. Let's calculate the amount of the monthly allowance based on the previous minimum wage: 7,500 rubles * 40% = 3,000 rubles. The worker's child is the first. This means that the amount of the benefit cannot be less than 3,065.69 rubles. This amount is due to the employee for a full month, since it is more than 2044.54 rubles and 3000 rubles. The second situation is that the vacation starts on July 1 or later. The amount of the benefit from the new minimum wage will be: 7800 rubles * 40% = 3120 rubles. This is more than $ 30.69. Therefore, in this case, charge the employee 3120 rubles. per month.
If an employee is sick or the employee went on maternity leave before July 1, it is necessary to use the new minimum wage only if the amount of the benefit was limited to the minimum wage, that is, in a situation where the length of service is less than six months.
This is due to the fact that they are calculated on the basis of such a rule - the size of the monthly allowance cannot exceed the minimum wage. On what date you need to take the minimum wage for calculating benefits, Law No. 255 does not say (part 6 of article 7 of Law No. 255-FZ), so the benefit must be recalculated by months if different minimum wages apply.
Example 4 (sick leave).The employee was sick from June 28 to July 4, 2017 inclusive (seven calendar days in total). The settlement period is 2015–2016. The employee works full time, regional salary ratios in the region have not been established. During 2015-2016, the employee had no earnings. At the time of illness, his insurance experience was less than six months. This means that the amount of the benefit cannot exceed the following value: 7,500 rubles / 30 days. * 3 days + 7800 rub. / 31 days * 4 days = 1756.45 rubles, where 30 days. and 31 days. - the number of days in June and July, and 3 days. and 4 days. - the number of sick days in these months. Now let's determine the minimum amount of the benefit. To do this, let's take the minimum wage on the date of the disease - June 28: 7,500 rubles * 24 months. / 730 days * 60% * 7 days = 1035.62 rubles. This amount is less than 1,756.45 rubles. This means that the employee needs to accrue 1,035.62 rubles.
Example 5 (maternity leave).The employee went on maternity leave from June 5 to October 22, 2017 inclusive. She got a job in the company in February 2016. This is the first place of work. This means that at the time of her maternity leave, her experience is less than six months. The employee works full time, regional salary coefficients have not been established in the region. Before the decree, the accountant calculated the amount of the allowance as follows. The settlement period is 2015–2016. The employee had no earnings at that time. In this case, the minimum amount of daily earnings will be 246.58 rubles. (7500 rubles * 24 months / 730 days). But since the length of service is less than six months, the amount of the benefit cannot be more than one minimum wage for a full calendar month. With a daily earnings of 246.58 rubles. the amount of the benefit will exceed the minimum wage in those months in which there are 31 days (246.58 days * 31 days = 7643.98 rubles). That is, in July and August. This means that during these months you need to pay 7,500 rubles. Moreover, there are 31 days also in October. Let's calculate the allowance for this month, as well as for other months during which maternity leave falls:
246.58 days. * 26 days = RUB 6411.08 (for June);
246.58 days. * 30 days = 7397.40 rubles. (for September);
RUB 7,500 / 31 days * 22 days = 5322.58 rubles. (for October).
As a result, the size of the maternity allowance will be:
RUB6,411.08 + 7397.40 RUB + 7500 rub. * 2 + 5322.58 rub. = 34,131.06 rubles. Since July 1, the minimum wage has increased to 7800 rubles, which means that the amount of benefits for the period from July 1 must be recalculated. Maternity wages for July, August and October now do not exceed the minimum wage. An employee needs to pay the following amount: (7643.98 rubles - 7500 rubles) * 2 + 246.58 rubles. * 22 days - RUB 5,322.58 = 390.22 rubles.
Lead Audit Specialist
CITIES OF MOSCOW
About monthly child support
Document with changes made:
(Tverskaya, 13, N 139, 20.11.2008, Bulletin of the Mayor and the Government of Moscow, N 65, 25.11.2008).
(Tverskaya, 13, N 12-13, 31.01.2012, Bulletin of the Mayor and the Government of Moscow, N 6, 31.01.2012);
(Official server of the Moscow City Duma, duma.mos.ru, 19.12.2012);
(The official website of the Moscow City Duma is www.duma.mos.ru, 12/29/2016).
____________________________________________________________________
This Law regulates relations related to the appointment and payment monthly allowance per child, in order to provide social support to citizens with children.
Article 1. Scope of this Law
1. This Law applies to:
1) citizens Russian Federation with a place of residence in the city of Moscow;
2) foreign citizens and stateless persons with a place of residence in the city of Moscow.
2. The place of residence of citizens of the Russian Federation, foreign citizens and stateless persons is established according to the data of the registration authorities.
3. This Law does not apply to:
1) citizens of the Russian Federation, foreign citizens and stateless persons whose children are fully supported by the state;
2) citizens of the Russian Federation, foreign citizens and stateless persons deprived of parental rights or limited parental rights;
3) women doing military service under contract in military units located outside the Russian Federation.
Article 2. Legal Basis for Granting and Payment of Monthly Child Benefit
The appointment and payment of monthly child benefits are carried out in accordance with the Constitution of the Russian Federation, Federal Law of May 19, 1995 N 81-FZ "On State Benefits to Citizens with Children" and other regulatory legal acts of the Russian Federation, the Charter of the city of Moscow, this Law and other regulatory legal acts of the city of Moscow.
Article 3. Right to monthly child support
1. One of the parents (adoptive parent, guardian, curator) has the right to a monthly child benefit for each child born, adopted, taken under guardianship (guardianship) of a child living with him / her until he reaches the age of 18 in families with an average per capita income, the size of which is does not exceed the amount established annually by the Moscow Government in order to implement this Law. This value cannot be lower than the per capita subsistence level established by the Moscow Government (part as amended by the Law of the City of Moscow dated January 11, 2012 N 2.
2. The existence of the right to monthly child support and the grounds specified in Article 8 of this Law shall be determined in accordance with the procedure established by the Government of Moscow (part as amended by the Law of the City of Moscow dated January 11, 2012 N 2.
3. The procedure for recording and calculating the size of the average per capita family income, which gives the right to receive monthly child benefits, is established by the Moscow Government.
The law of the city of Moscow of December 28, 2016 N 54.
Article 4. Conditions and procedure for assigning monthly child support, its size and indexation period
The conditions and procedure for the appointment of a monthly child benefit, including the use of eligibility criteria, the size of the monthly child benefit and the indexation period are established by the Moscow Government.
(Article as amended by the Law of the City of Moscow dated January 11, 2012 No. 2 by the Law of the City of Moscow dated December 28, 2016 No. 54.
Article 5. Authority responsible for assigning and paying monthly child support
The body responsible for the appointment and payment of the monthly child benefit is the executive body of the city of Moscow authorized by the Moscow Government.
(Article as amended, entered into force on January 9, 2017 by the Law of the city of Moscow dated December 28, 2016 N 54.
Article 6. Applying for the appointment of monthly child support (expired on January 9, 2017)
(Abolished from January 9, 2017 -.
Article 7. Terms of Granting Monthly Child Benefit
1. Monthly child allowance is assigned from the month of birth of the child, if the appeal followed no later than six months from the month of birth of the child.
(Part as amended by the Law of the City of Moscow dated December 28, 2016 N 54.
2. When applying for the appointment of a monthly child benefit after six months from the month of birth of the child, the benefit is assigned and paid for the elapsed time, but not more than six months preceding the month of applying for the appointment of a monthly child benefit.
(Part as amended by the Law of the City of Moscow dated December 28, 2016 N 54.
3. The part has ceased to be in force on January 9, 2017 - Law of the City of Moscow of December 28, 2016 N 54 ..
4. Monthly child allowance is assigned no earlier than from the month of registration of the parent (adoptive parent, guardian, trustee) at the place of residence in the city of Moscow.
Article 8. Grounds for refusal to assign monthly child support, suspension and termination of payment
1. The grounds for refusing to assign a monthly child benefit are:
1) exceeding the average per capita family income of the amount established annually by the Government of Moscow in order to implement this Law, and (or) non-compliance with other criteria of need established by the Government of Moscow;
(Clause as amended by the Law of the City of Moscow dated November 5, 2008 N 56) applies to legal relations arising from January 1, 2008; as amended by the Moscow City Law of January 9, 2017 December 28, 2016 N 54.
2) placing the child on full state support;
3) receipt in the manner prescribed by federal legislation and the legislation of the city of Moscow by a guardian (trustee) Money for the maintenance of a child under guardianship (guardianship);
4) depriving citizens of parental rights or limiting them in parental rights;
5) the appointment to one of the parents (adoptive parent, guardian, trustee) of a similar monetary payment for the same child in another constituent entity of the Russian Federation;
6) one or both parents (adoptive parents) have no income without a valid reason. The list of such valid reasons is established by the Government of Moscow (the item is additionally included from February 11, 2012 by the Law of the city of Moscow dated January 11, 2012 N 2).
2. The payment of the monthly child benefit shall be suspended in the cases specified in clauses 2-5 of part 1 of this article, as well as in the following cases:
1) failure to receive monthly child support for six consecutive months;
2) recognition of the child as missing by the court;
3) declaring a minor fully capable in accordance with federal law.
4) failure to provide information on the income of family members at the request of an executive body of the city of Moscow authorized by the Moscow Government.
Law of the city of Moscow dated December 5, 2012 N 64; as amended by the Law of the City of Moscow dated December 28, 2016 N 54.
3. Payment of the monthly child allowance is terminated in the following cases:
1) the child reaches the age of 18 years (clause as amended by the Law of the city of Moscow dated November 5, 2008 N 56);
2) removal of the recipient of monthly child allowance (hereinafter referred to as the recipient) from registration in the city of Moscow;
(Clause as amended by the Law of the City of Moscow dated December 5, 2012 N 64. - See the previous edition)
3) establishment of the existence of the grounds provided for by paragraph 1 or paragraph 6 of part 1 of this article (paragraph as amended, entered into force on February 11, 2012 by the Law of the city of Moscow dated January 11, 2012 N 2;
4) the death of a child.
5) failure to provide information on the income of family members for the past calendar year in the manner prescribed by laws and other regulatory legal acts of the city of Moscow;
(The item is additionally included from December 30, 2012 by the Law of the city of Moscow dated December 5, 2012 N 64)
6) the establishment by the executive body of the city of Moscow authorized by the Moscow Government during the verification of the fact of providing false information necessary for the appointment of a monthly child benefit, or other information about the absence (loss) of the right to monthly child benefit.
(The clause is additionally included from December 30, 2012 by the Law of the City of Moscow dated December 5, 2012 N 64; as amended by the Law of the City of Moscow dated December 28, 2016 N 54.
Article 9. Obligations of recipients of monthly child support
1. Recipients are obliged to inform the executive authority of the city of Moscow authorized by the Government of Moscow within a month of the occurrence of circumstances entailing a change in the amount of the monthly child benefit, suspension or termination of the payment of the said benefit.
(Part as amended by the Law of the City of Moscow dated December 28, 2016 N 54.
2. In the event of a change in the average per capita family income, which gives the right to receive a monthly child benefit, the recipients are obliged to inform the Moscow city executive body authorized by the Moscow Government within three months.
(Part as amended by the Law of the City of Moscow dated December 28, 2016 N 54.
Article 10. Payment of monthly child allowance
(Title as amended by the Law of the City of Moscow dated December 28, 2016 N 54.
1. Payment of the monthly child allowance is made for the current month.
2. Monthly allowance for a child, not claimed in a timely manner, is paid for the past time, but not more than 3 years, in the amount established by the Moscow Government for the relevant period.
3. Monthly allowance for a child not received on time due to the fault of the executive authority of the city of Moscow authorized by the Government of Moscow shall be paid for the past time without any time limit.
(Part as amended by the Law of the City of Moscow dated December 28, 2016 N 54.
Article 11. Withholding of overpaid amounts of monthly child allowance
1. Overpaid amounts of monthly child support are withheld if the overpayment was due to the fault of the recipient (provision of deliberately false information, concealment of information affecting the right and (or) the amount of monthly child benefit).
2. Withholding of the monthly child benefit shall be made in the amount of not more than 20 percent of the amount due to the recipient for each subsequent payment. Upon termination of the payment of the specified allowance, the remaining debt is recovered from the recipient in court.
3. Amounts of monthly child support overpaid to the recipient through the fault of the Moscow City executive body authorized by the Moscow Government shall not be withheld, except in the event of an accounting error.
(Part as amended by the Law of the City of Moscow dated December 28, 2016 N 54.
Article 12. Financing the cost of paying monthly child support
Financing the cost of paying the monthly child benefit is an expenditure obligation of the City of Moscow.
Article 13. The right of citizens with children to other measures of social support
The Moscow government may establish other measures of social support for citizens with children.
Article 14. Final provisions
2. Citizens who received a monthly child benefit before January 1, 2005, retain the right to receive it in accordance with federal laws and other regulatory legal acts of the Russian Federation, the laws of the city of Moscow and other regulatory legal acts of the city of Moscow that were in force prior to the adoption of this Of the law.
3. Citizens referred to in part 2 of this article have the right to receive a monthly child benefit in the amount and in the manner established by this Law and other regulatory legal acts of the city of Moscow.
(The part is additionally included from January 1, 2013 by the Law of the City of Moscow dated December 5, 2012 N 64)
Mayor of Moscow
Yu.M. Luzhkov
Document revision taking into account
changes and additions prepared
JSC "Codex"
Update: 15:22 04/16/2019
In 2017, the practice was finally consolidated increasing child benefits and other social payments annually from 1 February based on actual inflation indicators for the previous year. This became possible thanks to the work of the Government to reduce the growth rate of consumer prices, due to the high rates of which a year earlier it became necessary for the first time to suspend the current procedure for indexing payments, benefits and compensations that had developed over the previous decade.
At the same time, this does not apply to the size maternity capital in 2017... Its amount will remain at the current level 453026 rubles not only for one more year, but will also be preserved until at least January 1, 2020 according to the new government capital freeze law dated 19.12.2016 No. 444-FZ, adopted together with the law on the federal budget for the next three years dated 19.12.2016 No. 415-FZ.
Indexation of benefits in 2017 (table)
For the second year in a row, the amount of child benefits provided for by federal law "On state benefits to citizens with children" dated 19.05.1995, No. 81-FZ, is being revised in order to increase the amount of payments not from January 1 of the new year, as it was first established in 2008, but from 1 February 2017 by the amount of actual inflation, which, according to official data from Rosstat, amounted to only 5.4% (a record low in the entire modern Russian history).
Compared to 2015 last year, the price increase decreased by more than 2 times - then the annual inflation, according to Rosstat, was 12.9%, which is the first time in recent history made it impossible to fully index not only benefits and maternity capital, but also insurance and social pensions... By the way, the Government also promises to fully index pensions in 2017 by 5.4%.
The size of maternity capital in 2017
The amount in 2017 will not change - its size will again be 453026 rubles... The last time the size of the certificate was increased from January 1, 2015 (by 5.5% from the previous 429.4 to the current 453 thousand rubles), i.e. in fact, families with children have been dealing with the so-called freezing maternity capital.
Therefore, families can completely forget about indexing the certificate for the next 3 years. The Government associates the need to freeze the size of the capital from 2017 to 2020 with the following main circumstances:
- in the federal budget
