What does a mother's certificate give? How to obtain maternity capital: necessary documents and conditions for obtaining it
Maternity capital is a measure state support in the amount of 466,617 rubles in 2020, provided for families in which the second (or subsequent) child was born after January 1, 2007. To receive a certificate, two main conditions must be met: the birth (adoption) of a second or subsequent child during the program period and the presence of Russian citizenship for the recipient and the child.
January 15, 2020 Vladimir Putin during his annual address Federal Assembly instructed to make important changes to the maternity capital program:
- enter maternal capital for the first child in the amount of 466,617 rubles;
- extend the maternity capital program until 2026 inclusive;
- increase the amount of maternity capital by 150 thousand rubles - the total amount for two children will be 616,617 rubles.
All changes are planned to be introduced from January 1, 2020. Moreover, families with a first-born child will receive maternity capital in an increased amount upon the birth or adoption of a second child, starting from 01/01/2020.
The government must implement the relevant instructions of Vladimir Putin by April 15, 2020.
The rules for registration and disposal of maternal capital are established by Federal Law No. 256 of December 29, 2006. Its amount has not increased since 2016, its next one will pass in 2020.
Who is entitled to maternity capital?
According to Art. 3 of Law No. 256-FZ, if all are observed, obtain a certificate for maternal capital they have a right:
Right doesn't go over to the father or adoptive parent if:
- He - stepfather for the previous child who was taken into account when becoming eligible for a certificate;
- after the death of the mother, the child was recognized as remaining without parental care.
Parents and adoptive parents are deprived rights to maternity capital when:
- die or are declared dead by a court;
- are deprived parental rights;
- commit a deliberate crime against the person of a child;
- the adoption of the child is cancelled.
Attention
Children) is deprived of the right to maternity capital only in case of death (declared dead in court).
How to register maternity capital?
To get certificate for maternity capital, the person applying for it must contact the Pension Fund with an application and mandatory documents:
- Russian passport or other proof of identity and place of residence;
- birth certificates of all children with a mark on Russian citizenship (if there is none, then another document confirming it is required).
In some situations it may be necessary additional documents, listed bellow.
| Happening | Document |
|---|---|
| The child is adopted | adoption certificate |
| The application is submitted by a legal representative |
|
| Parent(s) or adoptive parent have lost the right to family capital |
|
| Place of residence is not confirmed by registration | documents confirming your actual place of stay. |
If a family applying for maternal capital lives abroad, parents have the right to submit an application and documents directly to the Pension Fund on the territory of the Russian Federation.
Attention
You can apply for a certificate Anytime after the emergence of the right - including after completion of the program, if a child appeared in the family while she was acting.
You can contact the Pension Fund using one of the following: established methods:
- To the territorial branch of the Pension Fund:
- in person or with the help of a representative;
- send certified copies of documents and an application by post.
- To the department of the multifunctional center (MFC).
- Via electronic resources (application only):
- citizen’s personal account on the Pension Fund website;
- single portal “Government services”.
If the applicant applies via the Internet, then within 5 working days from the date of registration of the application, he must provide the remaining documents to the Pension Fund office, otherwise the issue will be denied.
Attention
The pension fund decides whether to issue a certificate or refuse the applicant within 15 days from the date of application. A certificate for maternity capital can be obtained in the form paper or electronic document.
In case of loss or damage, you can get duplicate by submitting a corresponding application to the Pension Fund.
In the registration of maternity capital there may be denied, If:
- right to it did not arise or was lost during the application period;
- information about the order of birth (adoption) and/or the citizenship of the child invalid.
What can maternity capital be used for?
In 2019, Part 3 of Art. 7 of Law No. 256-FZ, provides for the following presented in the table below directions use of maternity capital.
| Direction | What can you spend it on? |
|---|---|
| Improving living conditions |
|
| The residential premises must be registered as the common shared property of parents and children | |
| Getting children an education |
|
| The first, second, and any subsequent child - natural or adopted - can receive an education at the expense of mat capital. | |
| Mother's funded pension | Sending funds to:
|
| Purchasing goods and services necessary for a disabled child social adaptation | Compensation for purchased goods and services included in the list established by Government Decree No. 831-r dated April 30, 2016. |
| Monthly allowance for a second child under 3 years of age | The family has the right to it if:
|
You can apply for an order later three years after the birth (adoption) of a child. The owner of the certificate has the right to submit an application earlier if the maternity capital is used for:
- payment of the down payment and/or repayment of principal and interest on a housing loan or loan;
- purchasing goods (services) that serve to adapt a disabled child to society;
- payment for preschool education and other expenses related to it;
- receiving a monthly payment for the 2nd child under three years of age.
Attention
Any attempts to cash out maternity capital illegal and are punished under Article 159.2 of the Criminal Code of the Russian Federation Fraud in receiving payments. Legal way receive money from the certificate funds - issue a monthly allowance for the second child (born no earlier than January 1, 2018).
As an anti-crisis measure to support families in 2015-16, the Government of the Russian Federation provided for the possibility of receiving lump sum payments from maternal capital funds: 20 and 25 thousand rubles, respectively. Apply for them in 2020 it is forbidden.
Changes in 2019
In 2019 there were a number of serious changes affecting the management of maternity capital:
- On March 29, Federal Law No. 37 came into force, which introduced a provision into Law No. 256-FZ that now the Pension Fund will independently request information about suitability purchased residential premises for accommodation in organs local government and other institutions.
- If maternity capital is used to build a house, the owner of the certificate now has the right to provide a construction notice to the Pension Fund.
- According to the changes, introduced by law No. 37-FZ, targeted loan or loan for the purchase (construction) of housing it will be possible to take only V:
- banking and non-banking credit organizations under the jurisdiction of the Central Bank;
- credit consumer cooperative (CPC);
- unified development institute in housing sector JSC "Dom.RF".
- agricultural CPC.
- As established by Art. 1 of Law No. 205-FZ of 08/02/2019, from January 1, 2020, the monthly benefit for the second child will be paid until he turns 3 years. In addition, the income threshold will increase from 1.5 to 2 living wages for the working population.
On April 24, 2019, at a meeting of the Light of the Federation with Vladimir Putin, Valentina Matvienko proposed extend action of maternity capital until 2025. For now, the program runs until the end of 2021. Deputy Prime Minister Tatyana Golikova instructed the Ministry of Labor to consider the issue of extending the maternity capital program - the report must be submitted by March 1, 2020.
On May 30, 2019, bill No. 721208-7 was introduced into the State Duma, which proposed adding a new direction for spending funds: purchasing a car. However, it was rejected before the first reading.
If it were accepted, then certificate holders would be able to use maternity capital to purchase a car worth up to a million rubles, provided that it was produced in the Russian Federation, was not previously registered and, in addition to the driver’s seat, has three more passenger seats.
Russian President Vladimir Putin instructed the Government to consider the possibility of using capital for gas, water and sewerage.
In addition, under consideration in State Duma There is bill No. 846971-7, which allows the certificate funds to be spent on the construction of a residential building on a garden plot, and bill No. 839769-7, which allows the use of maternity capital to pay for a kindergarten organized by an individual entrepreneur.
The Ministry of Construction has prepared changes that will affect the rules for using maternal capital for improvement living conditions. According to them, the funds from the certificate can be spent on purchasing housing through an escrow account.
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The conditions for obtaining maternity capital are specified in detail in Federal Law No. 256 on additional measures of state support for families with children. These provisions define basic principles compliance of the person applying for maternity capital. That is, who is eligible and in what situations will he receive MSC. Let's consider who is entitled to maternity capital and under what circumstances it will be issued.
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Who can receive MSC
An applicant for maternal capital must have a legal right to it.
Who has the right to receive maternity capital today:
- a woman who gave birth to a 2nd (subsequent) child or adopted an identical child;
- a man acting as the sole adoptive parent of the 2nd (subsequent) offspring;
- biological father/adoptive parent of the 2nd (subsequent) child, if the mother by blood or the adoptive mother for some reason lost her right to MSC;
- the children themselves, if both parents (adoptive parents) have lost their right to maternity capital.
Other conditions for receiving MSC
- whether the woman (applicant for MSK) has Russian citizenship at the time of birth or adoption of the above children. Only in this case will the right to issue maternity capital arise;
- whether the adopted and born child has Russian citizenship;
- The citizenship of the parent does not affect only in the event of the death of the mother/adoptive parent who had the right to receive MSC.
Another condition is the period of birth/adoption of the 2nd or subsequent child in the order of priority. He must be born/adopted from January 1, 2007 to December 31, 2021. Previously, it was until December 31, 2018. Now the program has been officially extended.
Important! If a child was born or adopted before or after the specified period, then his parents cannot participate in the state support program.
In other words, everyone can receive maternity capital Russian family regardless of the place of residence, in which the appearance of a second or subsequent child is expected before December 31, 2021, or has already appeared before January 1, 2007.
How many times can you get MSC?
Attention! The rules for issuing maternity capital require obtaining an act confirming the right to state support - a certificate.
It is issued at any time after the birth/adoption of the second child.
Terms of use of MSK
The right to maternity capital is unlimited. According to general conditions You can receive maternity capital only after the second or next child in the family turns 3 years old. But there is an exception - the use of MSC funds to repay a mortgage loan. However, there is no need for a mandatory application for maternity capital funds immediately after the child turns 3 years old.
Attention! Parents have the right to apply for the exercise of their rights after any period of time: 5, 10 and even 20 or more years.
But actual use for everything provided by law Target areas are still limited by time frame:
- Money can be used to educate children only until they are 25 years old.
- To purchase adaptations, children with disabilities must be under 18 years of age.
- To direct money towards pension savings, it is necessary that the mother has not yet been granted a pension.
- Independent receipt of MSC funds by children if both parents/adoptive parents lose the right to family benefits is possible only until the age of 23.
- Receipt of monthly payments is expected only until the 2nd child actually turns 1.5 years old.
The only thing that is not really limited by time frames is the purchase of housing.
Attention! In 2020, the conditions for receiving material government support in the form of maternity capital did not change significantly. A new direction for the sale of MSC funds has emerged - monthly payments for the 2nd child.
As well as the extension of the program, which was mentioned above.
Resolving controversial issues
The issuance of maternity capital throughout the entire period of existence of the state support program has been accompanied by numerous disputes. PF often refuses to issue people a certificate or transfer money in the chosen direction. Which causes corresponding public indignation and litigation.
Attention! You can challenge the actions of the Pension Fund to a higher division of the same body. Or directly to the court.
Lawsuits
Before filing a claim in court, you must make sure that:
- there really is a right to the issuance of maternity capital;
- the rules for managing MSC funds have been followed.
To do this, you can first consult with lawyers or other specialists in the field of MSK. IN otherwise Unjustified costs and wasted time await.
Advice! You can independently familiarize yourself with the regulations governing the rules for obtaining MSK. They are freely available on legal resources. It is imperative to ensure that you are familiar with the current version of the law.
Controversial issues
Most common controversial issues(according to the review of the RF Armed Forces):
- citizenship of parents and children - it must be unambiguously Russian for the mother and all children;
- repayment of debt, purchase of housing using borrowed funds - is allowed only for two types of agreements: credit (including mortgage) and loan;
- acquisition, using MSK funds, of a share of housing in the common right shared ownership- permitted by law;
- ownership rights in housing purchased with MSK funds arise for all family members in equal shares, including children;
- sending money to education is allowed to pay for paid educational services. As well as other costs associated with obtaining education, the list of which is established by the Government of the Russian Federation. The rules for allocating money for these purposes are also determined by the government.
- the right to maternity capital in the event of the death of one of the children arises if the parents have documents confirming the fact of the birth of these children.
- guardianship - such legal relations do not give the right to maternity capital, nor do they provide the right to dispose of MSC funds;
- territorial location of objects, organizations directing MSC funds - purchased housing, land plot, where construction is planned, educational organization must be located only within the Russian Federation;
- the number of loans, the repayment of which is carried out with MSC funds - the law does not limit them, therefore maternity capital can be redirected to repay an unlimited number of loans;
- withdrawal of a previously submitted application to send funds to accumulative part pensions - valid only until the date of pension assignment;
- payment for means of social adaptation of disabled children is provided only in the form of compensation for expenses already incurred by the applicant. Subject to documentary evidence of social and medical necessity and actual incurrence of such costs.
If any refusal occurs on the part of the Pension Fund to exercise the right to MSC, citizens have the right to appeal such decisions and actions (actions/inactions). In this case, the claim is filed in the usual civil procedure. There is a corresponding clarification on this matter by the RF Armed Forces.
Maternity capital in 2020 is provided in accordance with the new Federal Law No. 418. The law specifies the amount state benefit, equal to 453 thousand rubles. The funds are allocated to families with two children and parents with many children whose children were born between January 1, 2007 and December 31, 2021. You can receive money from a maternity certificate for purposes established by law. The legislator regularly expands the scope of legal use of allocated funds and simplifies the scheme for obtaining material support.
Changes in 2020
One of the positive innovations is receiving monthly cash amounts until the child is 1.5 years old. It will become easier for parents financially at the initial stage of raising a child. The decision was made based on numerous requests from interested citizens, and is valid for the baby’s date of birth after 01/01/2020.
Major amendments to current provisions:
- the upper limit for date of birth has been raised until the end of 2021;
- the right to receive cash monthly is possible at 1.5 minimum wages per family. Money is provided for the maintenance of children under 1.5 years of age;
- procedure for using the certificate.
Restrictions on some areas of use of parental funds have been lifted. The rights of parents have been expanded and the procedure for paying maternity capital has been simplified.
Since this year, the following opportunities have appeared:
- preschool education from birth. For example, you can pay for nanny services that are documented;
- Restrictions on choice and payment for school education have been lifted. If a student attends a non-state institution, this does not serve as a reason for refusing to withdraw funds.
The one-time benefit in the amount of 25 thousand rubles from the money of the mother’s certificate has been canceled since 2020.
The certificate is issued in the amount of 453,026 rubles, the size is the same for all recipients. The surcharge for women who gave birth to children under 35 years of age has been canceled and ceased to apply. The money that can be cashed out from a certificate for a child under 1.5 years old differs in each specific case. Payments depend on the average monthly income of a family living in a particular region. For the current year, data for the 2nd quarter is taken into account. 2017. On average, the benefit amount is about 10 thousand rubles for most federal subjects.
Payments are provided to citizens who apply to the Pension Fund and confirm their rights to monthly contributions. You will need to provide proof of income for Last year, including financial income of all family members. The list of funds taken into account when assigning state support has been approved by the government. If desired, the list can be viewed at the Pension Fund office at your place of residence. Majority compensation payments are not taken into account in the total family income.
Maternity capital: requirements for the applicant
You can contact the Pension Fund for the certificate you are owed at convenient time until children reach adulthood. Parents who meet the following requirements can receive government support:
- the child was born between 2007 and 2021;
- mother and child have Russian citizenship;
- the family is registered in the Russian Federation.
For monthly allowance Additional requirements will need to be met:
- the second or subsequent child is under 1.5 years of age;
- an income certificate confirms a coefficient of 1.5 minimum wages in a given territory. Figures for the previous year are taken into account.
The listed requirements must be supported by documents and are accepted for verification. current information. In doubtful situations, registration of maternity capital is postponed until the controversial issues are clarified. For example, the applicant’s passport may be expired; after restoration of its legal significance, the document is accepted for consideration.
After the birth of the child and receipt of administrative documents, the mother can contact the MFC or Pension Fund. In both cases, a package of documents is required:
- applicant's passport;
- certificates of all born and raised children;
- SNILS for the whole family;
- Marriage certificate.
If we are talking about adoptive parents, then documents on adoption are attached. The father can claim his rights in established by law cases. Maternity capital is issued to the father if the mother is not alive, she is deprived of her rights or is an incapacitated citizen. Applicants can apply in person, by mail or by submitting information online via government services. After verification, you will need to come in person to the Pension Fund office at the recipient’s place of registration to receive the certificate.
Pension service employees are given three months to strictly check the submitted package of documents. A legal representative with confirmed authority may receive a certificate. If dubious information is revealed during the inspection, the applicant will be asked to clarify this moment. The received certificate is legal document strict reporting. In case of damage or loss of a document, a duplicate is issued at the request of the owner.
Upon application of the mother, the opportunity to receive benefits from the amount of maternity capital is provided. You will need to provide a certificate of income for the previous year from the employer of the father and mother. Employees will make calculations and, based on the results, will respond to the possibility of receiving funds.
The special conditions are:
- the age of the child up to 6 months at the time of application will allow you to receive accruals starting from the moment of birth;
- after six months, the money is transferred from the moment the application is submitted.
This approach is due to the fact that mothers can be extremely busy in the first months after childbirth. Payments are not assigned automatically; the owner of the certificate must prove and declare her right. If it is impossible (income more than 1.5 minimum wages) or there is no desire to receive financial support immediately after childbirth, the amount provided by the certificate will remain unchanged.
What to spend maternity capital on
The rules of use remained the same, the scope of children's expenses for education and medical services. The debate regarding the purchase of a family car has not received a positive resolution.
The directions for using the funds were determined:
- acquisition of living space;
- study and educational goals;
- rehabilitation activities for people with disabilities;
- mother's pension.
Program participants are given the opportunity to independently choose their optimal goals. Many families spend children's capital to buy an apartment or major renovation available area. The program provides options for purchasing capital real estate; land plots cannot be purchased with the allocated money. Maternity capital can be spent on paying off mortgage interest and the down payment on a mortgage for a new building.
There is an order: employees check the presented object and control the transaction. After concluding an agreement and registering the transaction with Rosreestr, the money is transferred to the seller. The phrase “buy/sell for maternity capital” has become familiar, the scheme has been worked out and is transparent for execution. Purchasing a mortgaged property in a new building is possible taking into account maternal funds. Most banks accommodate families with children and enter into deals to purchase capital assets.
State funds can be used to educate all children in the family. You can pay tuition fees from kindergarten to college at the request of the certificate holder. Money is transferred to the educational institution by non-cash payments upon application to the Pension Fund. Restriction: the organization must be located in the country and have the appropriate licenses. An agreement for the provision of teaching services is concluded, and after approval by the supervisory department of the Pension Fund of Russia, translations begin.
The funded pension for the mother will be increased by the amount allocated state aid. When retiring, a woman can count on an increase in pension savings. Having a child with a disability, you can spend money on treatment and rehabilitation. Maternal funds are spent on any child in the family, supporting payment documents are provided to the fund.
Receipts and checks allow you to cash out this amount from software. The rules apply to an adopted child with a disability if there are two or more children in the family. Several minors with disabilities will be able to receive individual financial assistance if there are medical indications.
Using illegal cash withdrawal methods will result in criminal prosecution. The legal scheme is the following: take Bank loan for the purchase of living space and cover the obligations with the money of the certificate. If the loan size is equal to or less than government money, then a transparent and legal scheme will solve the family's housing problems.
Options for purchasing a property at a fictitious price are calculated by employees government agency. The woman is deprived of her certificate and held accountable. Employees have the right to control suspicious transaction, go to the place of purchase. It is recommended to reconstruct the home, purchase a country house for a family vacation, or undertake necessary actions. You shouldn’t go against the law, money has a purpose. You cannot legally receive cash; you should remember the requirement not to violate the order of the federal program.
How to get maternity capital in 2020?
How many times in your life can you receive maternal certificate?
According to the law, a certificate for maternity capital is issued only once.
How soon after the birth of a child should I go to the Pension Fund to issue a certificate?
The period when you can apply to the Pension Fund for a state certificate for maternity (family) capital after the birth of your second (third and subsequent) child is not limited. There is no need to rush to do this immediately after leaving the maternity hospital with your child. An application for the disposal of maternity capital funds can be submitted at any time after two years and six months from the date of birth of the child, with the exception of the case when MSC funds are used to repay housing loans.
Is it possible to spend maternity capital funds on the education of the first (eldest), and not the second child?
- Maternity capital is provided not to a specific child, but to parents as additional measures of state support for families with children. Therefore, it is up to the whole family to decide how to spend these funds. And as the same law interprets, funds or part of the funds of maternity capital can be used to obtain education for both the natural child and the adopted child, including the first, second, third and subsequent children.
Is maternity capital required if the second child is adopted?
Yes, when determining the right to receive maternity capital, adopted children are considered equal to their own children. That is, according to Article 3 of Federal Law No. 256, the right to additional measures State support is available to women who gave birth to or adopted a second child starting from January 1, 2007, women who gave birth to or adopted a 3rd child or subsequent children starting from January 1, 2007, if they had not previously exercised the right to receive a certificate.
If a family has twins or triplets, does the size of the MSC double or triple?
The recipient of maternity capital is not a child, but an adult, usually a mother. And from the point of view of obtaining maternal (family) capital, it does not matter which of the twins or triplets will be declared the “second” child. A family can spend the same amount of maternity capital, for example, on the education of each of them. The amount of maternity capital does not double or triple.
Can maternity capital funds be used for several purposes at once? For example, should part be used to educate the child, and part to form a funded pension for the mother?
Yes, according to the law, maternity capital funds can be distributed simultaneously in several directions.
Is it possible to “cash out” a certificate for maternity capital, that is, to get “real money” for it somewhere?
No, you cannot receive cash using the certificate. You can use funds from maternity (family) capital for three specific purposes: to improve housing conditions (purchase, construction of residential premises, payment of a down payment, repayment of the principal debt when receiving a loan, including a mortgage, for the purchase or construction of housing); for the education of children in any educational institution on the territory of the Russian Federation, having the right to provide paid educational services; for the formation of the savings part labor pension the mother who is the owner of the certificate.
Who is eligible to receive additional government support measures?
Persons entitled to additional measures of state support:
a woman with Russian citizenship who gave birth to (adopted) a second or subsequent children starting from January 1, 2007;
a man who has Russian citizenship and is the sole adoptive parent of the second or subsequent children, if the court decision on adoption has entered into legal force starting January 1, 2007;
father (adoptive parent) of the child, regardless of citizenship Russian Federation in the event of termination of the right to additional measures of state support of a woman who gave birth (adopted) children, due to, for example, death, deprivation of parental rights in relation to a child, in connection with the birth (adoption) of which the right to additional measures of state support arose, a crime committed in relation to the child (children) intentional crime and other reasons established by the Federal Law of December 29, 2006. No. 256-FZ;
a minor child (children in equal shares) or a student full-time education of a child who has not reached the age of 23 upon termination of the right to additional measures of state support for the father (adoptive parent) or a woman who is the only parent (adoptive parent) in cases established by Federal Law.
- Our mother sold her house and land in the village of Troitskoye. We want to add maternity capital to that cash and buy an apartment for cash in Elista. Is this option possible?
You can buy an apartment using maternity capital funds when the child reaches three years of age, in connection with whose birth you received state certificate on maternal (family) capital. In accordance with current legislation, maternity capital funds are sent by non-cash transfer to a legal or to an individual who is selling the apartment.
However, the purchase and sale agreement must necessarily include a clause that stipulates the order in which funds for the purchase of an apartment, including maternity capital funds, will be transferred. That is, the terms of transfer must be indicated Money and their exact amount, which the territorial Pension Fund Office will help you calculate. In addition, the contract must indicate the bank details and the seller’s account.
We are going to take out a loan to buy an apartment. Is it possible to use maternity capital funds to pay the down payment on this loan?
Yes, you can. Maternity capital funds can be used to pay the down payment on a housing loan or loan immediately after the birth (adoption) of a second or subsequent child.
Is it possible to purchase building materials with maternity capital funds?
The use of maternity capital funds for the purchase of building materials is not provided. However, with the help of maternal family capital, you can pay for the services of the contractor with whom you have an agreement construction contract.
To do this, the territorial Pension Fund body must provide:
a copy of the construction permit;
a copy of the construction contract;
a written obligation of the person(s) for whom the construction permit is issued, certified in accordance with the established legislation of the Russian Federation (notarized), to register the residential premises in common property all family members;
original or duplicate of the certificate;
passport.
Have you heard that maternal capital can be spent on buying a domestic car? When will this opportunity be available?
Today, according to clause 3 of article 7 of the Federal Law of December 29, 2006. “On additional measures of state support for families with children,” funds (part of the funds) of maternal (family) capital can be disposed of only in 3 directions:
To improve living conditions.
For the child(ren) to receive education.
Formation of funded pensions for women.
For the purchase of goods and services for social adaptation and integration into society of disabled children, by compensating the costs of purchasing such goods and services.
The law does not provide for the allocation of funds (part of the funds) of maternal (family) capital for the purchase of a car.
Can maternal capital funds be used for a child’s surgery?
The legislation does not yet provide for such a possibility. At the moment, maternity capital funds can be used in 4 areas: for education, purchase of housing, purchase of goods and services for social adaptation and integration of disabled children into society, and also put towards future pensions.
Is it possible to change the direction of disposal of maternity capital funds after writing an application? For example, the application states that the funds are used to improve living conditions, but it is more important to pay for the child’s education at the institute.
Yes, this can be done by canceling the first application and submitting a new application to the territorial body of the Pension Fund. However, such an application must be made within the same period as the application for disposition.
An ultrasound showed that I was expecting twins. These are my firstborns. Do I have the right to receive maternity capital?
Yes, you have. After the birth of children, you must apply to the Pension Fund to receive a state certificate for maternal family capital (MSC). But keep in mind that you can only use the right to receive it once.
Did you give birth to a child a year ago, but didn’t apply to the Pension Fund to obtain a certificate for the ISS? Will my money get burned?
The period when you can apply to the Pension Fund for a state certificate for maternity (family) capital after the birth of your second (third and subsequent) child is not limited. An application for the disposal of maternity capital funds can be submitted at any time after two years and six months from the date of birth of the child, with the exception of the case when MSC funds are used to repay housing loans.
Our large family a car wouldn't hurt, because to use public transport very expensive. Is it possible to borrow a car for a family using maternity capital?
Unfortunately, the law does not provide for such a possibility.
What is meant by improving living conditions? Is it possible to use maternity capital to install water supply and gas?
Improving living conditions only means purchasing or constructing housing. In this regard, despite the fact that gasification of the house and installation of water supply certainly improve the living conditions of the family, federal law does not allow the use of maternity capital funds for these purposes.
Do I need to pay tax on maternity capital?
No. Maternity capital is exempt from personal income tax.
I am the mother of two children. She received a certificate for maternal (family) capital in 2008. Will it continue to be used? federal law No. 256 for legal relations arising in connection with the birth of a child after December 31, 2016? In what time frame can I dispose of MSC funds under the certificate issued to me in 2008?
In accordance with Federal Law No. 256-FZ dated December 29, 2006, the right to additional measures of state support in the form of MSK arises in connection with the birth (adoption) of a child (children) during the period from January 1, 2007 to December 31, 2021.
At the same time, the period for disposing of funds (part of the funds) of MSC is not limited by current legislation.
In what cases can they refuse to issue a maternity capital certificate?
Main reasons for failures:
1. The child or woman does not have citizenship of the Russian Federation.
2. A woman applying for a certificate:
- deprived of parental rights in relation to a child, in connection with whose birth the right to additional measures of state support arose;
- committed an intentional crime against her child (children), related to crimes against the person;
- in relation to her, there is a cancellation of the adoption of a child, in connection with whose adoption the right to additional measures of state support arose.
3. The applicant indicated false information about the order or date of birth of children. The decision to refuse to issue a certificate can be appealed to higher authority Pension Fund of the Russian Federation or in court.
I am the owner of a maternity capital certificate. This year, the eldest son entered college, but did not get into the budget department. Can our family pay for his education using maternity capital? And what if in the future he wants to change universities?
Maternity capital is issued not to a specific child, but to a family. Thus, with its funds you can pay for the education of your older child in higher or secondary education. educational institution; schoolboy - in private school or pay for the maintenance of a preschooler in kindergarten. Families' needs vary. But one condition remains unchanged - the educational institution must be located on the territory of Russia and have state accreditation to provide educational services. It is important that capital can pay for both the education itself and the costs of paying for a child’s stay in a hostel. The law allows this to be done, limiting only the age - at the start date of training it should not exceed 25 years.
What documents will be required?
a written statement on the disposal of funds (part of the funds) of maternity capital;
maternity capital certificate or its duplicate;
identification documents, place of residence (stay) of the certificate holder;
children's birth certificates;
a copy of the contract for the provision of paid educational services certified by the educational institution, which specifies the procedure for paying for studies at the educational institution;
If capital funds will be used to pay for accommodation in a hostel, you will need:
rental agreement for residential premises in a dormitory (indicating the amount and terms of payment);
a certificate from an educational institution confirming that the child is living in a dormitory.
What to do if suddenly a child wants to change college? Maternity capital funds (or part of them) are transferred in non-cash form to the university account. The agreement with the educational institution specifies a payment schedule - payment is made once a semester or once a year. If the educational institution changes, the owner of the certificate will again enter into an agreement with the new university and transfer funds to the account of the new institution of the Pension Fund of Russia.
It should be remembered that funds can be disposed of when the child who brought maternity capital to the family turns 3 years old. Also, MSC funds can be used entirely for the education of one child, or divided into parts (for different children), or partly to pay for education, and partly used to improve living conditions or the mother’s pension.
I heard on TV that maternity capital will soon be abolished. And I didn’t even have time to use his funds. My second child was born in 2009...
The information that appeared in a number of federal media that you need to use maternity capital before 2016 is not true.
To obtain the right to maternity capital, it is really necessary that the child who gives the right to the certificate be born before December 31, 2021. However, the receipt of the certificate and the disposal of its funds are not limited by time.
Thus, families entitled to maternity capital should not rush to dispose of it, especially considering that the amount of maternity capital is indexed annually. If in 2007 its size was 250 thousand rubles, then in 2018 it was almost 453 thousand rubles.
Let us remind you that you can dispose of funds (part of the funds) of maternal (family) capital no earlier than three years from the date of birth (adoption) of the second, third and subsequent children.
The exception is the use of maternal (family) capital funds to pay the down payment on a housing loan or repay the principal debt and pay interest on loans or borrowings, including mortgages, for the purchase (construction) of housing. In this case, maternity capital funds can be used without waiting to achieve three years of age second child, and regardless of the date of conclusion of the loan agreement.
Maternity (family) capital funds can be managed in in full or in parts in the following directions:
Improving living conditions:
Funds (part of the funds) of maternal (family) capital can be used for the purchase (construction) of residential premises. Including:
purchase of residential premises or an individual residential building;
construction of a residential building using construction organization;
construction or reconstruction of individual residential premises without the involvement of a contractor;
compensation for the costs of construction or reconstruction of an individual housing construction project;
payment of a down payment when obtaining a loan or loan, including a mortgage, for the purchase or construction of housing;
repayment of principal and interest on loans or borrowings, including mortgages, for the purchase or construction of housing;
payment for participation in shared construction;
payment of the entrance fee as a participant in housing, housing construction, and housing savings cooperatives.
Condition: the purchased residential premises must be located on the territory of the Russian Federation.
Getting a child's education:
Funds (part of the funds) of maternal (family) capital can be used for the education of a child (children) in any educational institution on the territory of the Russian Federation that has state accreditation, as well as for the maintenance of a child (children) in a kindergarten (any educational institution that implements the basic general education program of preschool education or basic educational programs primary general, basic general and secondary (complete) general education). The funds can be used for the education of any of the children in the family when the need for education arises. In this case, the child’s age at the start date of education should not exceed 25 years.
Formation of a funded pension for women:
Funds (part of the funds) of maternal (family) capital can be used to form a woman’s funded pension by submitting an application to the territorial body of the Pension Fund. You can also direct funds (part of the funds) of maternal (family) capital to a funded pension to a non-state pension fund (private management company).
- It seems to me that Pension Fund employees are somewhat picky about accepting documents for the use of maternal (family) capital funds.
Representatives of the territorial bodies of the Pension Fund of the Russian Federation make a decision on the application for the disposal of MSC funds only in accordance with the norms of Federal Law No. 256-FZ “On additional measures of state support for families with children.”
If specialists see any deviation in the list of documents, or, say, a discrepancy between the dates of signing the purchase and sale agreement and the date of registration of the mortgage loan, or the loan is not intended, this gives the employee of the Pension Fund of Russia the right to refuse the order.
It is necessary to understand that the specialist accepting the documents takes responsibility for a positive or negative decision. If all the documents are submitted, then this package is checked at least twice by specialists in the Pension Fund Office, and in some cases, in our regional office. If the application is granted, we are talking about the use of funds federal budget. Therefore, you have to thoroughly study all the documents, and decision territorial body The FIU should always be based on current federal legislation.
Funds under the certificate can be used upon reaching 3 years of age by a child whose birth gave the family the right to maternity capital. Without waiting for the child’s third birthday, you can use the funds to pay off the debt on a loan for the purchase or construction of housing. Let us add that with the help of a certificate, a family can buy an apartment or an individual residential building, exchange existing housing for a larger area; build an individual residential building with the involvement of a construction organization or on your own; improve living conditions by participating in shared construction, participating in housing cooperative; use them to repay housing loans, including mortgages (to pay the down payment and principal and interest on the loan).
However, it must be remembered that housing purchased using maternity capital must be registered as the common property of parents and children with shares determined by agreement.
I wanted to ask: if we bought a house using funds from maternity capital, is it possible to sell the house?
If you have drawn up a notarial obligation to register housing as common property for all family members, then you must fulfill it. Further actions to dispose of this property are possible only with the permission of the guardianship authorities.
Why did they stop paying mothers one-time payments of 12 thousand rubles?
The Government of the Russian Federation in 2009 and 2010 made a decision on lump sum payment in the amount of 12,000 rubles from maternal (family) capital. This measure was called anti-crisis and was temporary. In subsequent years, the government did not make a decision on a lump sum payment. It was the Pension Fund that did not pay 12,000 rubles to holders of a state certificate for maternity (family) capital. Note that these funds remain in the total amount of MSC. Its size is indexed annually.
How can you use maternity capital to build a house?
Indeed, the legislation provides for the possibility of spending maternal (family) capital on the construction of a residential building.
After the child, in connection with whose birth the right to maternity capital is granted, turns 3 years old, you can use maternity capital to build a house on your own or with the involvement of a construction organization.
Maternity capital funds will be transferred within 2 months from the date of submitting an application for maternity capital to the territorial bodies of the Pension Fund at the place of residence.
Among the documents that you attach to the application, there must be a copy of the document for the land plot registered in your and your spouse’s name on which the construction is being carried out; copy of the building permit.
WITH full list documents you can find on the website of the Ministry of Health and Social Development of Russia, where the Decree of the Government of the Russian Federation dated December 12, 2007 N 862 “On the Rules for allocating funds (part of the funds) of maternal (family) capital to improve housing conditions” is posted (clause 10 (1)).
Can I send documents and an application for a certificate by mail? The question arose due to the fact that I currently live in another city, but I would not like to waste time. If sending documents by mail is possible, write, should they be notarized?
Yes, you can apply for a state certificate for maternity (family) capital at the place of residence (stay) or actual residence at any time after the right to additional measures of state support arises.
The specified application and documents can be sent to the territorial body of the Pension Fund of the Russian Federation by mail.
If the specified application and documents are sent by mail, the original documents will not be sent.
Copies of documents sent with the application to the territorial bodies of the Pension Fund of the Russian Federation by mail must be certified in the prescribed manner.
The specified application and documents are sent by mail in a way that allows you to confirm the fact and date of sending.
The date of acceptance of the said application and documents is considered to be the date of their registration with the territorial body of the Pension Fund of the Russian Federation.
Thus, you can apply for a certificate either at your place of actual residence, or by mail with the submission of an application and notarized copies of the documents specified in clause 5 of the Rules for filing an application for a state certificate for maternity (family) capital and issuing a state certificate for maternity capital (family) capital (its duplicate) (approved by Order of the Ministry of Health and Social Development of October 18, 2011 No. 1180n)
Tell me, can I use a certificate received in another region to pay for a mortgage in Elista, local permanent registration? The mortgage was issued in 2008. Will we have to wait until the child reaches the age of three?
In accordance with paragraph 2 of the Order of the Ministry of Health and Social Development of the Russian Federation dated December 26, 2008 No. 779n “On approval of the Rules for filing an application for the disposal of funds (part of the funds) of maternal (family) capital,” an application for disposal with all the necessary documents is submitted by persons who have received a state certificate for maternal (family) capital (hereinafter referred to as the certificate), personally or through a representative to the territorial body of the Pension Fund of the Russian Federation at the place of residence (stay) or actual residence.
According to Part 6 of Article 10 of the Federal Law of December 29, 2006. No. 256-FZ “On additional measures of state support for families with children”, funds (part of the funds) of maternal (family) capital can be used to repay the principal debt and pay interest on loans or borrowings for the purchase (construction) of residential premises, including mortgage loans provided to citizens under a credit agreement (loan agreement) concluded with an organization, including credit institution, regardless of the period that has elapsed from the date of birth (adoption) of the second, third child or subsequent children. To do this, you must submit the following package of documents:
- a copy of the loan agreement (loan agreement);
- a certificate from the creditor (lender) about the amount of the balance of the principal debt and the balance of the debt to pay interest for using the credit (loan).
- certificate of state registration of ownership of residential premises acquired or built using credit (borrowed) funds - in the case of the acquisition of residential premises, as well as in the case of commissioning of a housing construction project;
- if the residential premises are not registered in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) or the state registration ownership of residential premises - a written obligation certified in the manner established by the legislation of the Russian Federation of the person (persons) in whose ownership the residential premises are registered, acquired using funds (part of the funds) of maternal (family) capital, or who is a party to the transaction or obligations for the acquisition or construction of residential premises, register the specified residential premises in the common ownership of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of shares by agreement within 6 months:
after the removal of the encumbrance from the residential premises - in the case of the acquisition or construction of residential premises using a mortgage loan (loan);
after the Pension Fund of the Russian Federation transfers funds from maternity (family) capital (in the absence of an encumbrance and when a housing construction project is put into operation) - in other cases.
I disposed of part of my maternity capital. When I submitted the documents, they took the original certificate from me. Tell me, should they give me something in return with the remaining amount?
No, the original will not be returned to you. Informing persons who have received the certificate about the amount of maternity (family) capital or the amount of its remaining part (in case of disposal of part of the maternity (family) capital) occurs by personally contacting the territorial body of the Pension Fund for a certificate about the amount of the MSC.
I wanted to know: I used the first part of my maternity capital to build a house, can I repay the second part of the loan that I took out to build a house (this is a consumer loan, but the loan is written for building a house)?
Yes, you can, if you loan agreement the purpose of the agreement will be indicated - the acquisition or construction of residential premises at the address.
I want to buy a house, I plan to pay part of it in cash, and the rest with maternity capital. Question: where to start? How soon can I complete a transaction? What documents should I collect?
You will be able to use funds (part of the funds) of maternity (family) capital to pay for the purchased residential premises once the child, in connection with whose birth you received the certificate, reaches the age of three years. To do this, in accordance with the Rules for the allocation of funds (part of the funds) of maternal (family) capital to improve housing conditions, approved by the Decree of the Government of the Russian Federation of December 12, 2007. No. 862 You need to submit following documents:
a) a copy of the purchase and sale agreement for residential premises that has passed state registration in the prescribed manner;
b) a copy of the certificate of state registration of ownership of the residential premises of the person who received the certificate and (or) his spouse who is purchasing residential premises using maternal (family) capital (except for the case where the purchase and sale agreement for residential premises is in installments payment stipulates that ownership of the purchased residential premises passes to the buyer after full payment of the contract price);
c) if the residential premises are not registered as the common property of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) or state registration of ownership of the residential premises has not been carried out - certified in accordance with the legislation The Russian Federation order a written obligation of the person (persons) who is the buyer under the agreement for the purchase and sale of residential premises (agreement for the purchase and sale of residential premises with installment payment) using funds (part of the funds) of maternity (family) capital, to register the residential premises as the common property of the person who received the certificate, his spouse, children (including the first, second, third child and subsequent children) with the determination of the size of shares by agreement within 6 months after the Pension Fund of the Russian Federation transfers maternity (family) capital to the person alienating the residential premises .
d) a certificate from the person carrying out the alienation of residential premises under an agreement for the purchase and sale of residential premises with installment payment, concluded with the person who received the certificate, or with the spouse of the person who received the certificate, on the amount of the remaining unpaid amount under the agreement - if the acquisition of residential premises is carried out under a contract for the purchase and sale of residential premises with installment payment (bank certificate).
As for the timing, as a rule, if all the above conditions are met and a decision is made on the correctness of providing documents, it takes two months.
Tell me, is it possible to apply for financial capital in any region (regardless of the place of registration)? Is it possible at a temporary place of residence?
Yes, you can apply for a certificate for maternity (family) capital and an application for the disposal of MSC funds at the place of residence (stay) or actual residence.
Tell me, until what period is the Maternity Capital program valid? Are there currently any changes in terms and directions in the sale of capital?
The state support program for families with children has been in effect since January 1, 2007 and applies to legal relations arising in connection with the birth (adoption) of a child (children) in the period from January 1, 2007 to December 31, 2021. Thus, the second and (or) subsequent children must be born from 01/01/2007 to 12/31/2016.
In accordance with the Federal Law of December 29, 2006. No. 256-FZ “On additional measures of state support for families with children”, maternity capital funds can be used in three areas:
- improvement of living conditions (purchase or construction of residential premises);
- education for the child (children);
- formation of a funded pension for women;
For the purchase of goods and services for social adaptation and integration into society of disabled children, by compensating the costs of purchasing such goods and services.
An application for disposal can be submitted at any time after three years from the date of birth (adoption) of the second, third child or subsequent children (except for the case of using funds (part of the funds) of maternal (family) capital to repay the principal debt and pay interest on loans and loans for the purchase or construction of housing).
Is it possible to use part of the maternity capital to build a foundation (the child is under 3 years old)? And is the remaining part indexed?
An application for disposal can be submitted at any time after three years from the date of birth (adoption) of the second, third child or subsequent children, in connection with whose birth the right to additional measures of state support arose (except for the case of using funds (part of the funds) of the maternal ( family) capital to repay the principal debt and pay interest on loans and borrowings for the purchase or construction of housing).
Thus, before the child reaches the age of 3 years, you can repay the loan for the construction of housing or the purchase of housing. The size (including the remaining amount) of maternal (family) capital is indexed annually.
We started building before the birth of our second child, and plan to finish it when he is three years old. Can we use maternity capital for construction?
The law allows you to use maternity capital, including to compensate for the costs of already built housing. It will be possible to receive such compensation when the second child turns 3 years old. And when construction began - before the birth of the second child or after - it does not matter. Another condition is significant here - ownership of a residential property must be registered no earlier than January 1, 2007.
Now my sister, a Russian citizen, lives in Ukraine. Her first child has Ukrainian citizenship, the second - Russian. Does she have the right to maternal (family) capital?
If a child born after January 1, 2007 (in our case, the second) and the mother have Russian citizenship, then such a family has the right to apply for maternal (family) capital. Let us remind you that the funds can only be disposed of on the territory of Russia - these are measures of state support for Russian families.
Additionally, we inform you that citizens of the Russian Federation who traveled to permanent place residence outside the country and who do not have a place of residence and place of stay on the territory of Russia confirmed by registration, submit an application directly to the Pension Fund of the Russian Federation or through an authorized representative to the territorial Office of the Pension Fund of the Russian Federation in the Republic of Kalmykia at the place of his residence (stay) or actual residence.
I received a certificate for maternity capital in Stavropol, but I would like to buy an apartment in Elista. Is this possible?
Yes, measures of state support for families with children in the form of maternal (family) capital are valid throughout the country. You have the right to contact the territorial department of the Pension Fund of the Russian Federation in the Republic of Kalmykia with an application for the disposal of maternal capital funds, having in hand a certificate issued in another region.
Last year, I did not fully use maternity capital funds to purchase housing; I had about 15 thousand rubles left. Can I receive this balance as a lump sum payment?
A one-time balance of less than 12,000 rubles could be obtained in 2010, when special anti-crisis measures of the Russian Government were in effect. To date, such a possibility is not provided for by law. The balance of available maternal (family) capital will be indexed annually. It can also be used to improve living conditions, for the child’s education (maintaining him in an educational institution) or for the mother’s pension.
Can I pay for kindergarten with maternity capital?
Yes, since 2012, maternal (family) capital can pay for the maintenance of a child in kindergarten. To do this, you need to submit to the Pension Fund at your place of residence an agreement between the preschool educational institution and the person who received the certificate. The agreement must include the institution’s obligations to support the child in the educational institution, the calculation of the amount of payment for the child’s care in the educational institution, the payment term(s), as well as details for the transfer of funds by the Russian Pension Fund.
At the same time, maternity capital can be used to pay for the child’s maintenance in a private kindergarten. It could also be educational services on early development for preschoolers, clubs, sports sections, courses foreign language and other additional education. The main condition is that the selected institution must be located on the territory of the Russian Federation and have state accreditation.
The list of which is established by order of the Ministry of Health and Social Development No. 1180n dated October 18, 2011. Definitely needed Russian passport and children's birth certificates- the need to provide additional documents depends on specific situation. If originals cannot be submitted, certified copies are required. notary.
within 15 days. The document can be obtained in paper or electronic form.
Maternal capital have the right to issue the following citizens of the Russian Federation:
- mother and adoptive mother, if the second (subsequent) child was born after January 1, 2007;
- men are the only adoptive parents if the decision to adopt a second or subsequent child began to take effect after January 1, 2007.
If these persons are deprived is right, then it goes to my father(regardless of citizenship) or child(ren), if there was only one parent or adoptive parent or both parents (adoptive parents) lost the right to maternal capital.
List of documents for obtaining maternity capital in 2019
To obtain a certificate for maternal capital, you must submit the following to the Pension Fund (PFR): documentation, established by part 5 of order No. 1180n:
- Russian passport of the person applying for the certificate;
- birth certificates of all children with a note about Russian citizenship(if it is not there, then a document confirming it);
- documents confirming the adoption and citizenship of children, if they were adopted;
- if the application is submitted by a legal representative:
- identification;
- confirmation of place of residence (stay);
- documents proving authority;
- if it is impossible to confirm the place of residence, a document confirming the place of stay;
- in case of loss of the right to a certificate by the parent (s) or adoptive parent (s), documents confirming:
- death or declaration of death;
- deprivation of parental rights;
- cancellation of adoption;
- committing a deliberate crime against the person of a child (children).
The Pension Fund is provided originals documents. If this is not possible, you are allowed to submit notarized copies.
Application for the issuance of maternity capital
According to Part 6 of Order No. 1180n, the application for a maternity capital certificate indicates:
- name of the territorial body of the Pension Fund;
- Full name, gender, date and place of birth (without abbreviations) of the applicant and his status (mother, father, child);
- information about the identity card (type, by whom and when issued, series, number);
- citizenship;
- SNILS (if available);
- information about place of residence or stay:
- index;
- region;
- area;
- city or other locality;
- street, house number (building and apartment);
- information about actual location accommodation;
- telephone;
- Information about legal representative, his identity card and place of residence (if the representative is entity, you must indicate its details);
- information about children:
- details of the birth certificate;
- citizenship;
- Date and place of birth;
- data of the child, after whose birth (adoption) the right became available:
- Date of Birth;
- order of birth or adoption;
- information about the certificate issued previously;
- information about deprivation of parental rights, cancellation of adoption and the commission of a crime against the child’s personality;
- way to obtain a certificate:
- personally;
- by post;
- through Multifunctional Center;
- through State Services or the PRF website.
You can write an application on one's own or in the department Pension background (multifunctional center) so that a specialist checks its correctness.
Submission of documents and issuance of certificate
The mother (or another person entitled to maternity capital) can submit the Required documents and application to the Pension Fund in one of the provided ways ways:
- to the territorial branch of the Pension Fund (in person or through a representative);
- by post (copies of documents must be notarized);
- through a multifunctional center (MFC);
- send an electronic application (without documents) using:
- citizen’s personal account on the Pension Fund website:
- single portal of State Services.
If the application is submitted to electronic form, then the documents must be submitted to the Pension Fund branch within the next 5 working days, otherwise the design will denied. In an email notification, which will arrive no later than the next business day, will be indicated all the necessary list.
The decision to issue or refuse a certificate is made in 15 days from the moment of filing the application.
If approved, the certificate may be issued:
- on paper;
- in the shape of electronic document with reinforced qualified signature authorized person(via State Services or Personal Area on the Pension Fund website).
A paper certificate for maternity capital can be get:
- in person at a Pension Fund or MFC branch;
- by registered mail.
According to Part 6 of Art. 5 of Federal Law No. 256-FZ of December 29, 2006 on state support measures for families with children, The pension fund can refuse in the registration of maternity capital, because:
- There is no right to maternal capital.
- The applicant lost the right to maternity capital.
- Incorrect information was provided about the order of birth or adoption and the citizenship of the children.
- Maternity capital was used in full.
If the application was made through the MFC, but not all documents were submitted, within 5 days from the date of application, the Pension Fund returns the application and documents to the multifunctional center so that the applicant is informed about refusal. After this he can contact again with a complete list.
During the consideration of the application, the Pension Fund may request additional information on deprivation of parental rights, cancellation of adoption and commission of a crime against the child’s personality and other necessary information in the relevant departments. If the data does not reach the Pension Fund in 5 days, then the decision to issue suspended.
The applicant is informed of the suspension, but in this case the decision will be made no later than month after registering the application.