Decree of the Government of the Russian Federation of December 12, 2007 N 862 Moscow “On the Rules for allocating funds (part of the funds) of maternity (family) capital to improve housing conditions”

Directions for using maternity capital in 2021:

• receiving a monthly payment for low-income families who have had a second child since January 1, 2021,
• improvement of living conditions,
• payment for educational services for children,
• formation of the mother’s future pension,
• payment for goods and services for social adaptation and integration into society of disabled children.

According to the Pension Fund as of July 2021, 242,187 families have received certificates in the Krasnoyarsk Territory since 2007. The most popular area of ​​use is improving housing conditions (almost 169 thousand families took advantage of the right), more than 13.5 thousand families allocated MSC funds for the education of children, almost 9 thousand families receive a monthly cash payment, 114 certificates were used for mother’s funded pension, 6 – for the purchase of goods for disabled children.

The amount of maternity capital in 2021

The amount of maternity capital in 2021 is:

Download a table with mortgage programs of Krasnoyarsk banks with the possibility of using maternity capital (updated daily).

Changes in the maternity capital program in 2019-2021

We list the significant changes made to the maternity capital program in recent years:

• In 2021, the amount of maternity capital has been increased by the forecast inflation rate (3.7%).
• Since April 2021, access to mortgage refinancing has been simplified for recipients of maternity capital. Families will be able to register an apartment for their children after full repayment of the loan from the bank that refinanced the mortgage.
• From April 11, 2021, maternity capital funds allocated for retirement can be redirected to other purposes. You are given 6 months to choose another direction to spend the funds. If an application for disposal is not submitted, then within 3 months the maternity capital funds are returned to the same NPF.
• From January 1, 2021, maternity capital is issued to families in which their first child was born on January 1, 2020.
• You can use maternity capital to repay the loan directly at the bank where the loan is opened. That is, instead of two applications - to the bank and the Pension Fund - it is enough to contact only the bank, where at the same time a loan is issued and an application is submitted for repayment of the loan or payment of the first installment.
• From January 1, 2021, a certificate for maternity capital is issued within 5 working days, applications for disposal of funds are considered - no more than 10 working days.
• The Government of the Russian Federation has made changes to the procedure for allocating maternity capital funds to improve housing conditions, allowing maternity capital to be used to purchase housing using escrow accounts.
• The State Duma adopted in the third reading a law on the possibility of using maternity capital funds to pay a down payment or repay a mortgage provided by organizations that provide housing for military personnel. It is proposed to extend the law to contracts concluded from March 18, 2019.
• In the third reading, a law was adopted that will allow women to withdraw maternity capital funds previously allocated for the formation of a funded pension for use for other purposes.
• Starting from 2021, maternity capital can be used for the construction or reconstruction of a residential building on a garden plot.
• From March 12, 2021, when using maternity capital to improve housing conditions, a notarial obligation to allocate shares to all family members is no longer required. In this case, residential premises purchased with maternal capital funds must, in any case, be registered as the common property of parents and children.
• From January 1, 2021, families whose average per capita income does not exceed two times the subsistence level (previously 1.5 times) of the working-age population in the region of residence have the right to receive a monthly cash payment from maternity capital funds.
• From April 15, 2021, maternity capital is assigned proactively based on the registry office database - after the birth of the child, maternity capital will be issued automatically and the family will be able to begin managing the funds without applying for the certificate itself. Data on the issuance of the certificate are recorded in the Pension Fund information system and sent to the mother’s personal account on the Pension Fund website or the State Services portal. For families with adopted children, the previous application procedure for obtaining a certificate is retained, since only the adoptive parents themselves can provide information about adoption.
• From 2021, monthly payments are paid until the second child reaches the age of 3 years (previously until the age of 1.5 years).
• The Russian government has prepared a decree according to which parents will be able to use maternity capital as a contribution to a rural mortgage.

Use of MK: new buildings, resale and buying a house

Most families, from the extensive list of opportunities to spend maternity capital, give preference to improving their living conditions. In 2021, 663 thousand people made this decision; in 2021, their number increased to 692 thousand. Let us remind you that maternity capital can also be spent on children’s education (190 thousand families took advantage of this), on monthly payments (250 thousand families) and on the funded part of the mother’s pension (829 people).

Improving housing conditions also means using the certificate as a down payment on a mortgage or to repay it. In 2021, the certificate is officially allowed to be used in rural and military mortgage programs. Previously, banks sometimes refused clients, citing the fact that these programs did not involve the use of maternity capital funds. Now the scope of its application has expanded; the corresponding document was signed by Russian President Vladimir Putin at the end of 2021.

In addition, maternity capital is used for the reconstruction of a house, for its construction or purchase. But it is prohibited to spend these funds on the purchase of land. But it is allowed to erect a residential building on a garden plot, this is an innovation from last year; before that it was understood that construction would be carried out on a plot designated as private housing construction land.

MK can be used to purchase a new building using an escrow account. The exception is apartments - this type of real estate is not residential from a legal point of view.

How to spend maternity capital in 2021

Persons who received maternity capital can manage maternity capital funds in 2021 in full or in parts simultaneously in the following areas:

• Receiving a monthly payment from maternity capital for low-income families
  who have had a second child since January 1, 2021. To understand whether a family is eligible for payment, you need to divide the income of parents and children for the last year by 12 months, and then by the number of people in the family. When calculating, it is necessary to take into account not only wages, but also bonuses, pensions, social benefits, scholarships and some types of monetary compensation, which will need to be documented. The only exception will be payments provided by the Pension Fund. If the amount received is less than 2 times the minimum subsistence level, you can apply for a monthly payment. The 2-fold subsistence minimum in 2021 in the Krasnoyarsk Territory is 27,838 rubles. The size of the payment also depends on the region - it is equal to the subsistence minimum for children, which was established in the constituent entity of the Russian Federation for the second quarter of the previous year. If a family applies for payment in 2021, its amount will be the subsistence minimum for children for the second quarter of 2021 - 13,763 rubles. You can apply for a monthly payment at any time within 3 years from the date of birth of your second child. If you apply in the first 6 months, the payment will be established from the date of birth of the child, that is, funds will be paid for the months before the application. If you apply later than six months, the payment is established from the date of submission of the application. An application for a monthly payment can be submitted to the client service of the Russian Pension Fund or through a number of MFCs. Monthly payments are made until the child reaches 3 years of age.
• Improving living conditions
  . Residential premises purchased using funds (part of the funds) of maternity capital must be located on the territory of the Russian Federation. On January 1, 2009, Law No. 288-FZ dated December 25, 2008 “On Amendments to the Federal Law “On Additional Measures of State Support for Families with Children” came into force. These changes provide for the use of maternity capital to repay a loan for the purchase or construction of housing, including a mortgage, regardless of the period that has elapsed from the date of birth (adoption) of the child, with whose birth the right to maternity capital arose. Also, since May 2015, it has become possible to use maternity capital for a down payment on a housing loan, without waiting for the child’s third birthday with the birth of which the right to state support measures arose. It was possible to use maternity capital funds to repay housing loans before the child’s third birthday, but this rule did not apply to the down payment.
• Construction and reconstruction of housing
  without the involvement of contractors (changes since 2010). The implementation of the law will allow families to use maternal (family) capital in the construction (reconstruction) of residential buildings without the involvement of contractors. The law establishes the following procedure for providing these funds: an amount not exceeding 50% of maternity capital can be received at the initial stage of construction (reconstruction) if documents for construction are available. The family will receive the rest in six months upon presentation of documents confirming construction work or reconstruction work. In this case, residential premises acquired (built, reconstructed) using maternity capital funds are registered as the common property of parents and children with the size of shares determined by agreement. Starting from 2021, maternity capital can be used for the construction or reconstruction of a residential building on a garden plot. Previously, it was possible to build a house only on land intended for individual housing construction.
• Receiving education by a child (children)
  in any educational institution on the territory of the Russian Federation that has the right to provide appropriate educational services. The age of the child for whose education funds (part of the funds) of maternity capital can be allocated should not exceed 25 years on the date of commencement of studies in the relevant educational program. In addition, from November 28, 2011, funds or part of maternity capital funds can be used to pay not only for education, but also for the maintenance of a child in an educational institution. This can be either a kindergarten or any educational institution that implements the basic general educational program of preschool education or the basic educational programs of primary general, basic general and secondary (complete) general education.
• Formation of the funded part of the mother’s labor pension
  .
• From 2021, maternity capital can be used for social adaptation and integration of disabled children into society
  .

Let's take a closer look at the most popular direction.

How to calculate and who is entitled to monthly payments from maternity capital

The family can independently determine whether it is entitled to a monthly payment from MSC funds. To do this, you need to know the cost of living in your region. It is set quarterly by regional authorities, and you can check with the local administration or the social protection committee. For the calculation, the PM for able-bodied citizens, established for the 4th quarter of 2021, will be accepted.

For example, for the Moscow region, according to the relevant Resolution, the PM of an able-bodied citizen was 19,233 rubles. This is what we will use as a starting point when calculating a family’s need for government support.

According to the Law, each family member must receive at least 28,849.5 rubles, which is the size of the monthly wage of an able-bodied citizen multiplied by 1.5. Let's make a series of calculations:

1. All family income for 2021 is added up. It should be borne in mind that “black” income is taken before deduction of mandatory taxes.
2. Then the resulting amount must be divided by 12 (the number of months in a year). Afterwards, the monthly income for each family member is displayed.
3. The result is a value that is compared with 28849.5 rubles. If it is less, then the family has the right to receive a monthly payment from the MSC. It is not difficult to calculate that for a family of four people (2 children and parents) the monthly income should be at least 101,019 rubles, and for three people (2 children and one parent) at least 72,169.5 rubles.

The benefit is equal to one time the subsistence minimum per child in the 4th quarter of 2021, which will be 14,440 rubles.

Let us clarify that all calculations are taken for the Moscow region; in other regions the values ​​will differ. But the average payment across the country will be 10 thousand rubles per month.

Payment of the mortgage using maternity capital funds in 2021

As noted above, family capital funds can be used to improve housing conditions, including repaying a loan taken for the purpose of this very improvement.

You can pay off a mortgage loan with maternity capital, even if the loan is issued not to your mother, but to your spouse. Maternity capital funds can be used to repay a loan that was taken out before the second child was born.

The rules allow the use of maternity capital both when applying for a loan to improve housing conditions and to repay a loan received before the birth of a second child. However, it is important to emphasize that housing purchased using maternal (family) capital must be registered as the common property of parents, children and other family members

. If, at the time of submitting an application for the allocation of maternity capital funds to repay a mortgage loan, the housing is not registered as common property, then the Pension Fund must provide a written undertaking to subsequently register this housing as the property of parents, children and other family members living together with them.

In accordance with the law, funds or part of the funds of maternity 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 a credit institution, regardless of the period that has elapsed from the date of birth (adoption) of the second, third child or subsequent children. That is, there is no need to wait for the child’s third birthday, thanks to which the family has the right to receive maternity capital.

The procedure for repaying an existing or applying for a new mortgage loan can begin immediately upon receipt of the certificate. Please note that maternity capital funds cannot be used to pay fines, commissions, penalties for late fulfillment of obligations on these loans or borrowings.

Those wishing to use maternity capital funds to repay a housing or mortgage loan must take into account a number of nuances.

An application for disposal may be refused in the following cases:

1. termination of the right to additional measures of state support; 2. violation of the established procedure for filing an application for disposal; 3. indications in the application for direction of the use of maternity capital funds not provided for by Federal Law; 4. indications in the application for the disposal of an amount or its parts in the aggregate exceeding the full amount of maternity capital funds, which the person who submitted the application for disposal has the right to dispose of; 5. restrictions of persons in parental rights in relation to a child, with the birth of which the right to additional measures of state support arose, on the date of the decision on the application for disposition filed by the specified person (until the restrictions on parental rights are lifted in the prescribed manner); 6. removal of a child, in connection with whose birth the right to additional measures of state support arose, in the manner prescribed by the Family Code of the Russian Federation (for the period of removal of the child); 7. if housing purchased using mat capital funds is recognized as unsafe or the apartment building is subject to demolition or reconstruction.

Who can receive it - conditions of issue

• Russian citizenship;
• birth of children after the entry into force of the program.

MK is issued not for the whole family, but for one of the parents. Most often it is the mother. In the future, when sending funds, it is necessary to present her identification card.

Fathers can also independently issue a certificate, but only if the mother is deprived of parental rights in relation to her son or daughter or has died.

All of the above rules are also relevant for adoptive parents. They are also part of the group of people who have access to participate in the program.

If minor children remain orphans, then the opportunity to realize family capital passes to them. But they will be able to exercise their right only upon reaching adulthood. Moreover, the amount will be regularly indexed, as provided by law.

How to apply for mortgage repayment with maternity capital

To dispose of maternity capital funds in 2021, you must personally or through a representative contact the territorial body of the Pension Fund of the Russian Federation with an application for disposal, which indicates the amount allocated to repay the principal debt and pay interest. The above application can also be sent by mail. In this case, the original documents are not sent (except for the certificate), and the authentication of the documents and the signature on the application is carried out in the manner prescribed by law, i.e. notarized. You can apply for a certificate and manage its funds through the citizen’s Personal Account on the Pension Fund website or the government services portal.

To use maternity capital to repay loans more quickly, you can submit the appropriate application directly to the bank where the loan is opened. That is, instead of two applications - to the bank and the Pension Fund - it is enough to contact only the bank, where at the same time a loan is issued and an application is submitted for repayment of the loan or payment of the first installment.

In 2021, more than 1,300 families in the Krasnoyarsk Territory have already taken advantage of this right.

Basic documents provided simultaneously with the application:

1. certificate for maternity (family) capital or its duplicate;
2. identification documents, place of residence (stay) of the person who received the certificate; 3. insurance certificate of compulsory pension insurance of the person who received the certificate; 4. Marriage certificate - if the spouse is a party to the transaction or obligations for the purchase or construction of housing. Documents for sending MK funds to pay a down payment when receiving a loan or loan for the purchase (construction) of housing:

• a copy of the credit agreement (loan agreement) for the purchase (construction) of housing;
• a copy of the mortgage agreement that has undergone state registration in the prescribed manner, if its conclusion is provided for in the credit agreement (loan agreement).

Documents for sending MK funds to pay the principal and interest on loans or loans for the purchase (construction) of housing:

• copy of the loan agreement. If maternity capital funds are used to repay a loan that was taken out to refinance a loan (loan) for the purchase or construction of housing, then it is additionally necessary to provide a copy of the previously concluded loan agreement (loan agreement);
• a certificate from the creditor (lender) about the amount of the balance of the principal debt and the debt to pay interest for using the credit or loan;
• a copy of the mortgage agreement that has undergone state registration in the prescribed manner, if its conclusion is provided for in the credit agreement (loan agreement);
• an extract from the Unified State Register containing information about rights;
• if the individual housing construction project has not been put into operation: a copy of the agreement for participation in shared construction, which has passed state registration in the prescribed manner, or a copy of the permit for the construction of an individual residential building;
• if the credit (loan) was provided to pay the entrance fee and (or) share contribution to the cooperative: an extract from the register of members of the cooperative confirming membership in the cooperative of the certificate owner or his spouse (a document confirming the filing of an application for admission to membership in a housing savings cooperative, or decision on admission to membership in a housing, housing-construction cooperative);
• a document confirming receipt of a loan by non-cash transfer to an account opened by the person who received the certificate or his spouse (wife) in a credit institution.

Elena Emelyanova, head of the department of social payments of the OPFR in the Krasnoyarsk Territory

, noted:

From March 12, 2021, in accordance with Federal Law No. 35-FZ dated March 1, 2020, a notarial obligation to allocate shares to all family members no longer needs to be attached to an application for the use of maternal (family) capital to improve housing conditions. At the same time, residential premises acquired (built, reconstructed) using maternity capital funds must in any case be registered as the common property of parents and children; now this requirement is contained in Part 4 of Art. 10 Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children.”

The branch of the Russian Pension Fund in the Krasnoyarsk Territory, from January 1, 2021, issues a certificate for maternity capital within 5 working days, considers applications for the disposal of funds - no more than 10 working days

. In some cases, these deadlines can be extended, respectively, to 15 and 20 working days, if other departments do not respond in a timely manner to the request of the territorial bodies of the Pension Fund of the Russian Federation for the information necessary for making a decision. Let us remind you that previously no more than 15 working days were allotted for the issuance of MSK, and no more than 30 days for the consideration of the application for the disposal of funds.

Deadlines for fulfillment of obligations

The total period for execution of the NO is 6 months from the date of removal of the encumbrance from the purchased property (in the case of a mortgage). In other situations, the period of six months is calculated as follows:

1. Removal of encumbrance – upon full repayment of the mortgage loan.
2. When buying and selling - after transferring the MK to the seller.
3. Payment of the final payment – ​​after repayment of the installment plan (if provided).
4. Shared construction – after signing the transfer deed.
5. Construction of a household with the help of a construction company - after commissioning.
6. Independent construction - after receiving a cadastral passport.
7. Participation in a housing construction cooperative - after payment of the last part of the share contributions.

Shares of real estate are divided among all family members (parents and children). If during the period of payments another child was born in the family, then the property is divided in the ratio determined by the parents.

Krasnoyarsk banks working with maternity capital in 2021

Some banks accept maternity capital only to reduce the loan amount; less often, banks are ready to accept maternity capital as payment of interest on the loan. In any case, both options are beneficial to the client. Since a decrease in the loan principal leads to a recalculation of interest on the principal debt.

All banks providing mortgage lending are required to accept maternity capital in 2021 as payment for part or all of the principal debt on a mortgage loan - these are about 30 credit organizations in Krasnoyarsk (as of January 2021).

In accordance with Decree of the Government of the Russian Federation dated December 12, 2007 No. 862, maternity capital can be used as a down payment when obtaining a loan (loan), including a mortgage, for the purchase or construction of housing. However, not all banks are ready to accept it as a down payment.

In general, it is easier to list banks in Krasnoyarsk that are ready to accept maternity capital as a down payment on a mortgage: AK BARS Bank, Acceptance, Gazprombank, Raiffeisenbank, Rosselkhozbank, Sberbank, UniCredit Bank.

Maternity capital can be used as a supplement to the down payment for the purchase of residential real estate under the mortgage programs of Absolut Bank, Asia-Pacific Bank, Alfa Bank, DOM.RF Bank, Otkritie Bank, Zhilfinance Bank, VTB, Far Eastern Bank, Yenisei United Bank, Lanta -Bank, Levoberezhny Bank, Sovcombank and Uralsib Bank, Promsvyazbank, Rosbank Dom and Russian Standard banks, as well as the Krasnoyarsk Regional Housing Construction Fund.

Download Mortgage programs of Krasnoyarsk banks with the possibility of using maternity capital (updated daily)

Regional maternity capital in 2021

On June 9, 2011, a law was adopted on the introduction of its own regional maternity capital on the territory of the Krasnoyarsk Territory. The third or subsequent child born in the family after July 1, 2011, as well as an adopted child, has the right to receive regional maternity capital. The validity of the regional law on regional maternity capital in the Krasnoyarsk Territory has been extended until December 31, 2026. Over ten years, 49.5 thousand families became holders of regional certificates.

The funds received can also be used in several areas:

• improvement of housing conditions (construction, reconstruction of housing, or repayment of mortgage loans);
• education for the child or all children in the family;
• purchasing vehicles or repaying car loans;
• acquisition of technical means of rehabilitation for the child that are not included in the federal and regional lists (for medical reasons);
• receiving cash payments in the amount of 12 thousand rubles once a year.

Since January 2021, the regional maternity capital, taking into account indexation, is 153,158 rubles.

You can get advice on regional maternal (family) capital by calling the regional maternal capital hotline.

Matcapital 2021: what you can spend it on

Some statistics from the Ministry of Labor: in total, about 1.13 million applications for the disposal of MK funds were submitted last year. Of these, 692,000 applications were for improving housing conditions, 190,000 for education, 250,000 for monthly payments, 829 for mother’s funded pension.

As you can see, the most popular option remains resolving the housing issue. MK funds can be used for a down payment on a mortgage loan or for its repayment; you can also pay for the construction/reconstruction of a house. An important point: since last year, this has been allowed to be done in relation to houses that are located on a garden plot, and not only to those that are located on lands designated for individual housing construction, as was previously the case.

This year, there are more opportunities to spend MK funds; now you can use them to make a down payment on a rural mortgage - this will simplify the processing of a loan, since previously banks often refused it, indicating that rural mortgage programs do not provide for the use of MK. Another innovation for 2021 is that with MK you can now pay off a military mortgage.