Non-standard situation: how to return maternity capital to the Pension Fund? How to return maternity capital to a pension fund Return mat capital to a pension fund

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Bought a plot, built a house. Is it possible to return part of the money with maternity capital?
Is it possible to return the deduction of 13% from the purchase of a house for maternity capital?
Is it possible to return 13% for buying a house with maternity capital?
When buying an apartment for maternity capital, is it possible to return 13%?
Is it possible to return 13 percent of the purchase of housing for maternity capital.
Is it possible to use maternity capital
Is it possible to get maternity capital
Is it possible to sell maternity capital
Is it possible to buy a house with maternity capital
Is it possible to buy an apartment with maternity capital

1. Bought a plot, built a house. Is it possible to return part of the money with maternity capital?

1.1. No, you can't. They could take the money of maternity capital at the construction stage and complete the house with this money.

1.2. Hello Elina
You can pay off part of the mortgage with maternity capital, but you can’t cash out and return the money to you.

Almost all happy parents know how to get maternity capital in the Pension Fund. Today we will consider an unusual situation when maternity capital already received from the state has to be returned back. How to properly return maternity capital to the FIU - says the lawyer of the website "Vesti Prava".

In all cases, when, after the transfer of maternity capital from the Pension Fund, the transaction with its participation fails, the contract is terminated and the money is returned. At the same time, the goal indicated in the application for disposal of mother capital is not achieved.

Probably the most common case is when maternity capital was used to improve housing conditions (on account of the down payment for an apartment in a house under construction, to pay interest on a mortgage, etc.). The house was not handed over on time, and at the family council you decided to terminate the contract for participation in shared construction. It turns out that you could not use the mother capital and did not improve your living conditions.

What is the difficulty with the return of maternity capital?

The main difficulty is that the law (FZ "On additional measures of state support for families with children") does not provide for the return of mother's capital at all. Even on the official website of the Pension Fund, it is emphasized that the right to receive maternity (family) capital is granted only once. At the same time, you have an obligation to use the money received for the intended purpose. That is, you cannot not return them at all or use them for other needs.

Due to the lack of a normal procedure for the return of mother capital in the law, you have to act at your own peril and risk. We have selected all the options proposed in this article taking into account the existing judicial practice. In a disputable situation, we recommend that you additionally study the judicial practice in your region and consult with a lawyer. Also, be sure to contact your FIU branch and specify the procedure for your actions there. Perhaps the FIU has already encountered a similar situation and knows how to act.

What are the ways to return maternity capital back to the FIU?

The easiest option is if 2 months have not yet passed from the moment you applied for the disposal of mother capital, and the Pension Fund has not yet managed to transfer MSC funds for the purposes you specified. In this case, you can write to the FIU an application to cancel your application for the disposal of MSC funds (example from the FIU website). Please note that you can cancel an application for sending MSCs to repay the principal debt or interest on housing loans within 1 month. The procedure for filing applications for cancellation is provided for in paragraphs 13-15 of the "Rules for filing an application for the disposal of funds (part of the funds) of maternity (family) capital" (Order of the Ministry of Health and Social Development No. 779n dated 12/26/2008). With this option, you can submit a new application for disposal at least immediately and even indicate in it some other purpose for spending the MSC.
When directing maternity capital funds to form the funded part of the mother's pension, you can refuse this option for using the MSC until the date of the pension. To do this, you need to submit a refusal application to the FIU.

If none of the above options suits you, judicial practice suggests 2 more ways for MSCs aimed at improving living conditions.

1. The maternity capital is returned to the FIU. You terminate the contract with the developer / seller of the apartment. He transfers to you the entire amount paid for the apartment, including maternity capital. You return the maternity capital to the branch of the Pension Fund that transferred it to you. It is also possible to prescribe in the agreement on termination of the contract with the developer / seller of the apartment that the developer or the seller himself transfers the amount of maternity capital to the PFR accounts. When choosing this option, keep in mind that in order to re-implement maternity capital, you will most likely have to go to court (read below).

Maternity capital remains in the family. You leave the maternity capital to yourself and use it for its intended purpose as soon as possible, that is, strictly for the purposes that were indicated in your application for the disposal of maternity capital. For example, you tried to improve living conditions. In this case, find another suitable apartment and pay for it with the amount of the returned maternity capital. Be sure to save all supporting documents in case you have to explain to the FIU. With this option, alas, no one is immune from the court with the FIU.

Is it possible to use it again after the return of maternity capital?

Yes, you can, because for the first time you failed to exercise your right and direct the mother's capital for the purposes provided for by law. Unfortunately, due to the lack of procedures for the return of maternity capital in the law, it is likely that you will have to seek a second attempt to use it through the courts.

The “Review of judicial practice in cases related to the implementation of the right to maternity (family) capital” (approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016, p. 9) tells about the case of a mother from the Penza region, who had to terminate the equity agreement with the developer . Upon termination of the contract, the construction company transferred the amount of maternity capital to the local Pension Fund. Later, my mother found a suitable apartment building and wrote to the Pension Fund a new application for the disposal of maternity capital. The pension fund refused to re-transfer the amount of maternity capital, citing the lack of the possibility of disposing of capital in the law even in the event of a return of money. The courts restored the woman's right to maternity capital funds, since she never realized her right to improve the living conditions for her family.

What happens if you do not return the maternity capital?

Be prepared for the fact that the Pension Fund or the local prosecutor's office, at its request, will file a lawsuit in court to recover the amount of maternity capital received from you. This is unpleasant, but quite understandable: you need to be accountable for the targeted use of budget money. In court, you have several options:

provide documents that confirm the use of maternity capital funds for their intended purpose. For example, for the purchase of another dwelling. The judge may ask about the condition of this housing (whether it is suitable for living, whether it was recognized as emergency), ask if you examined it before purchasing it, and also clarify whether the purchase of such housing led to an improvement in the living conditions of the family (whether the area attributable to for each family member). Sometimes the court also checks the location of the purchased housing: the purchase of emergency housing in a remote village without a kindergarten, a clinic and employment prospects for parents is unlikely to be regarded as an improvement in living conditions. If the court considers your evidence reliable, the maternity capital will be left to you.

Read the court decision in the case of a mother from the Chelyabinsk region, who kept her maternity capital and spent it on the reconstruction of a garden house. Alas, the court did not agree with this option.

Is it possible to return the maternity capital?

In Federal Law No. 256-FZ of December 29, 2006 No. on measures of state support for families not installed procedure for the return of maternity capital to the Pension Fund. Despite this, in a number of cases, mother capital can (should) be transferred back if, for one reason or another order not implemented in full (including when paying off a mortgage).

To return maternity (family) capital (MSK) to the Pension Fund, you can use in several ways- the choice of one of them will depend on the situation in which the owner of the certificate finds himself, but a number of difficulties may arise in the process. Re-disposal of funds is not possible in all cases, and, most likely, the right to it will need to be proven judicially.

If the purpose of using the MSC is not achieved, and the capital not returned to the Pension Fund (PFR), the owner of the certificate may be liable, in accordance with Art. 159.2 of the Criminal Code of the Russian Federation "Fraud when receiving payments." Certificate means anyway will need to list back to the FIU in full.

When is the capital to be returned?

Law No. 256-FZ does not indicate in what situations the maternity capital should (may) be returned to the Pension Fund. However, mother capital is a targeted measure of state support, and the owner of the certificate must list funds back to the FIU if for some reason they have not been used within the framework of the directions established by Part 3 of Art. 7 of Law No. 256-FZ. Most often this happens in the following cases:

the family decided to use the MSC for other purposes;
the sale and purchase agreement or the equity participation agreement is terminated, or the certificate holder (his spouse) leaves the housing cooperative;
parents were unable to pay off a housing loan or a loan repaid with the help of MSC, and now the acquired housing is under arrest;
the family decided to sell a residential property that was mortgaged, bought with a loan (loan), repaid by the mother's capital, etc.

If a transaction using MSC is recognized invalid, then maternity capital funds also should be listed to the Pension Fund, because, according to Part 2 of Art. 167 of the Civil Code of the Russian Federation, each of the parties to such a transaction is obliged to return to the other everything received in its course. Since matkapital is paid from the federal budget, it must be given to the state.

Is it possible to return maternity capital spent on a mortgage to the Pension Fund?

Since the procedure for the return of mother capital used to repay a mortgage loan or loan, in Law No. 256-FZ not marked, then the need and possibility of transferring certificate funds in each specific case need to be discussed with the Pension Fund and the credit institution, when the loan is still being paid.

Bank or other credit organization independently lists part of the MSC to the Pension Fund in the cases provided for in Part 19 of Government Decree No. 862 of December 12, 2007:

the amount indicated in the application is more than the amount of the down payment;
the amount of transferred funds exceeds the amount of the principal debt and interest debt.

The credit institution must return the difference to the Pension Fund within 5 banking days from the moment the funds are received.

How to return maternity capital?

The choice of the method by which the funds of the mother's capital will be returned depends on translated whether they are to the account specified in the application or not.

If funds are still not listed, then the owner of the certificate, in accordance with Part 16 of Appendix No. 1 of the Order of the Ministry of Labor No. 606n of 08/02/2017, must personally or through a representative submit to the Pension Fund cancellation statement. It can be done in 10 working days from the date of the adoption of a positive decision on the disposal. After that, the parent (adoptive parent) can write re-application for disposal(either immediately or at the next disposal of maternity capital).
- In cases where the mother's capital is used to form the mother's pension, the woman has the right to file denial any time before the day of appointment pensions.
If funds were transferred to the specified account, but the transaction did not take place, then the owner of the certificate must return money to the FIU. After the sale or share agreement is terminated, all funds used, including maternity capital, will most likely be transferred to the owner of the certificate. He, in turn, must transfer an amount equal to the capital spent, at the expense of the branch The pension fund to which the application for disposal was submitted. In order for the developer or seller to transfer the MSC, this clause must be included in the agreement to terminate the contract.

In some special cases, it is possible use maternity capital by designation , no return funds in the FIU, but for this you must first consult with the Pension Fund, otherwise the certificate holder may sue. After the family has been transferred the funds spent, including the capital, it must be as fast as possible use within the chosen direction, keeping all documentary evidence of the new transaction.

According to part 13 of Government Decree No. 926 of December 24, 2007, if the child, for whose education the mother's capital was allocated, died, was expelled, or the hostel rental agreement was terminated, then the educational organization is obliged to return to the Pension Fund difference between the listed funds of the certificate and the cost of actually rendered services.

What difficulties may arise?

Difficulties with the return of maternity capital to the Pension Fund are due to the fact that the rules by which it is necessary to do this are law No. 256-FZ not installed. The owner of the certificate is in a very vulnerable position, since the timing of the transfer of capital to the FIU, the procedure itself and the necessary documentary evidence of the transfer unknown.

If funds need to be returned to the Pension Fund, need to be consulted with his co-worker and lawyer.

Most of the difficulties arise when maternity capital was used to repay a housing loan or loan - in this case, you will probably have to negotiate with a credit institution.

Is it possible to use matcapital twice?

The question of whether it is possible to reuse maternity capital, if before that it was returned to the PFR authorities, legislatively not regulated. Therefore, in each specific case, it is necessary to contact for advice to a lawyer and get acquainted with judicial practice on such issues.

Most often, the Pension Fund refuses such applications, arguing its decision by the fact that the right to mother capital is granted to a citizen once.

However, in " Review of judicial practice in cases related to the implementation of the right to maternity (family) capital”, approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016, in paragraph 9 it is established that the person who returned the MSC funds to the PRF authorities did not may be deprived of the right to re-order. In the case under consideration, the court made such a decision, since the owner of the certificate did not improve her living conditions by terminating the equity agreement.

Most often, the question of the reuse of MSCs concerns cases when transactions for the purchase of housing are terminated. In situations in which a housing loan or loan and some others were repaid with the help of mother capital, the possibility of reusing funds should be discussed with an employee of the FIU and a lawyer.

Responsibility for non-return of maternity capital

If the owner of the maternity capital does not return the funds to the Pension Fund, then he can bear responsibility in accordance with Article 159.2 of the Criminal Code of the Russian Federation. If the mother capital remains with the family and is not used in accordance with the directions specified in Part 3 of Art. 7 of Law No. 256-FZ, this can be qualified as misappropriation of budget funds. If the maternity capital was nevertheless used for its intended purpose, this is necessary document.

The punishment that the owner of the certificate may suffer depends on the situation and the nuances of a particular case, therefore, consultation and case management by a lawyer competent in this area is necessary.

Is it legally possible to return maternity capital

Maternity capital is a significant help for families with two or more children. Many people want to receive additional funds from the state for various purposes. But in some life situations, parents are interested in whether it is possible to return the maternity capital. Consider why there is a need to make a return and what is needed for this.

Maternity capital: concept and features

Matkapital is a method of state support provided to families who have given birth or adopted a second, third and each subsequent child.

This program has been operating since January 1, 2007, thanks to which many citizens have been able to improve their standard of living. The demographic indicators in the country have also increased.

In accordance with the law, you can spend the certificate on:

improving living conditions for families;
paying for children's education;
social adaptation of disabled children;
the formation of a mother's funded pension.

Legislation

The program for issuing certificates for mother capital was introduced by the Federal Law of December 29, 2006 No. 256-FZ “On additional measures of state support for families with children”. This legal act provides for the conditions for obtaining material funds, as well as the duration of the program. It has now been extended until 2021.

Certain issues in this area are regulated by by-laws: decrees of the Government of the Russian Federation and orders of relevant ministries (Ministry of Health and Social Development and the Ministry of Labor).

When considering cases on the return of maternity capital funds in court, the court often uses the “Review of judicial practice in cases related to the realization of the right to maternity (family) capital”, approved by the Presidium of the Supreme Court of the Russian Federation on 06/22/2016.

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Cases in which you need to return the mother's capital

Sometimes, for a number of reasons, citizens cannot use the received certificate to satisfy the purposes for which it was supposed to be spent. Then the question arises whether it is possible to return the maternity capital to the state and what to do with it next.

Most often this applies to cases where state assistance was issued to improve housing conditions as a down payment on an apartment or funds to repay a loan. However, for some reason, the house is not handed over on time, and the family refuses to participate in shared construction. Upon termination of the contract in this case, the mother capital is subject to return.

The main difficulty in this case is that the procedure for the return of funds is not provided by law at all. The official website of the Pension Fund draws the attention of citizens to the fact that assistance for maternity (family) capital is provided only once. In addition, the person undertakes to use the money for the intended purpose, which means that it is impossible not to return it.

When selling an apartment purchased with the help of mother capital, you will also have to return the cash investment.

Ways to return mother's capital to the Pension Fund

Due to the lack of clear provisions of the law, there are several options for refunds. The simplest case is when 2 months have not passed since the application was submitted, and the Pension Fund did not have time to transfer money.

Those who are concerned about how to return the maternity capital in this situation, submit an application for the annulment of the application for the disposal of maternity capital funds. It should be borne in mind that in the case of repayment of debt or interest on loans, such an application can only be submitted within a month.

If the money was intended for the formation of the mother's funded pension, then the documents will be accepted until the day the pension is awarded.

The return of maternity capital to the Pension Fund is provided in the event of termination of the contract with the developer or seller of the apartment. The latter can return the entire amount to the failed buyer, and he, in turn, transfer the funds from the mother's capital to the PF. It can be stated in the contract that in the event of a failure of the transaction, the seller will independently return the money issued for maternity capital to the Pension Fund.

Many are also interested in whether it is possible to return maternity capital from a mortgage. In accordance with the law, this is not provided without the consent of the bank.

Is it allowed to use the mother's capital after its return?

It is allowed to use the capital after its return if the funds for the stated purposes were not realized for the first time. True, due to the lack of legislation regulating the return procedure, in order to exercise this right, one has to go to court.

If the Pension Fund did not have time to transfer funds and you apply for cancellation, you can immediately submit a new application for the use of maternity capital for other purposes.

Responsibility for non-return of mother capital

If you do not return the maternity capital to the FIU, when necessary, be prepared that the Pension Fund or the local prosecutor's office will sue.

The recipient will have to prove in court that the funds were spent for their intended purpose, otherwise they will be collected by force.

You can accept all claims and return the money voluntarily. If it is not possible to do this immediately, it is worth asking the court for a delay in the implementation of the decision.

conclusions

According to the law, the mother capital is issued to a person only once. Sometimes there are circumstances due to which you have to return the funds received: the sale of purchased real estate, termination of the contract, and more. In this case, it is better to return the money voluntarily in order to avoid litigation and forcible recovery of funds.

Lawyer. Member of the Chamber of Advocates of St. Petersburg. Experience more than 10 years. Graduated from St. Petersburg State University. I specialize in civil, family, housing, land law.

In what cases is it necessary to return the maternity capital?

Probably the most common case is when maternity capital was used to improve housing conditions (as a down payment for an apartment in a house under construction, to pay off interest on a mortgage, etc.). The house was not handed over on time, and at the family council you decided to terminate the contract for participation in shared construction. It turns out that you could not use the mother capital and did not improve your living conditions.

What is the difficulty with the return of maternity capital?

What are the ways to return maternity capital back to the FIU?

The easiest option is if 2 months have not yet passed from the moment you applied for the disposal of mother capital, and the Pension Fund has not yet managed to transfer MSC funds for the purposes you specified. In this case, you can write to the FIU an application to cancel your application for the disposal of MSC funds (). Please note that you can cancel an application for sending MSCs to repay the principal debt or interest on housing loans within 1 month. The procedure for filing applications for cancellation is provided for in paragraphs 13-15 of the "Rules for filing an application for the disposal of funds (part of the funds) of maternity (family) capital" (Order of the Ministry of Health and Social Development No. 779n dated 12/26/2008). With this option, you can submit a new application for disposal at least immediately and even indicate in it some other purpose for spending the MSC.
When directing maternity capital funds to form the funded part of the mother's pension, you can refuse this option for using the MSC until the date of the pension. To do this, you need to submit a refusal application to the FIU.

If none of the above options suits you, judicial practice suggests 2 more ways for MSCs aimed at improving living conditions.

1. The maternity capital is returned to the FIU. You terminate the contract with the developer / seller of the apartment. He transfers to you the entire amount paid for the apartment, including maternity capital. You return the maternity capital to the branch of the Pension Fund that transferred it to you. It is also possible to prescribe in the agreement on termination of the contract with the developer / seller of the apartment that the developer or the seller himself transfers the amount of maternity capital to the PFR accounts. When choosing this option, keep in mind that in order to re-implement maternity capital, you will most likely have to go to court (read below).

Maternity capital remains in the family. You leave the maternity capital to yourself and use it for its intended purpose as soon as possible, that is, strictly for the purposes that were indicated in your application for the disposal of maternity capital. For example, you tried to improve living conditions. In this case, find another suitable apartment and pay for it with the amount of the returned maternity capital. Be sure to save all supporting documents in case you have to explain to the FIU. With this option, alas, no one is immune from the court with the FIU.

Is it possible to use it again after the return of maternity capital?

The “Review of judicial practice in cases related to the implementation of the right to maternity (family) capital” (approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016, p. 9) tells about the case of a mother from the Penza region, who had to terminate the equity agreement with the developer . Upon termination of the contract, the construction company transferred the amount of maternity capital to the local Pension Fund. Later, my mother found a suitable apartment building and wrote to the Pension Fund a new application for the disposal of maternity capital. The pension fund refused to re-transfer the amount of maternity capital, citing the lack of the possibility of disposing of capital in the law even in the event of a return of money. The courts restored the woman's right to maternity capital funds, since she never realized her right to improve the living conditions for her family.

What happens if you do not return the maternity capital?

provide documents that confirm the use of maternity capital funds for their intended purpose. For example, for the purchase of another dwelling. The judge may ask about the condition of this housing (whether it is suitable for living, whether it was recognized as emergency), ask if you examined it before purchasing it, and also clarify whether the purchase of such housing led to an improvement in the living conditions of the family (whether the area attributable to for each family member). Sometimes the court also checks the location of the purchased housing: the purchase of emergency housing in a remote village without a kindergarten, a clinic and employment prospects for parents is unlikely to be regarded as an improvement in living conditions. If the court considers your evidence reliable, the maternity capital will be left to you.

Non-standard situation: how to return maternity capital to the Pension Fund?

In what cases is it necessary to return the maternity capital?

What is the difficulty with the return of maternity capital?

The main difficulty is that the law (FZ "On additional measures of state support for families with children") does not provide for the return of mother's capital at all. Even on the official website of the Pension Fund, it is emphasized that the right to receive maternity (family) capital is granted only once. At the same time, you have an obligation to use the money received for the intended purpose. That is, you cannot not return them at all or use them for other needs.

What are the ways to return maternity capital back to the FIU?

The easiest option is if 2 months have not yet passed from the moment you applied for the disposal of mother capital, and the Pension Fund has not yet managed to transfer MSC funds for the purposes you specified. In this case, you can write to the FIU an application to cancel your application for the disposal of MSC funds (example from the FIU website). Please note that you can cancel an application for sending an MSC to repay the principal or interest on housing loans within 1 month. The procedure for filing applications for cancellation is provided for in paragraphs 13-15 of the "Rules for filing an application for the disposal of funds (part of the funds) of maternity (family) capital" (Order of the Ministry of Health and Social Development No. 779n dated 12/26/2008). With this option, you can submit a new application for disposal at least immediately and even indicate in it some other purpose for spending the MSC.
When directing maternity capital funds to form the funded part of the mother's pension, you can refuse this option of using the MSC until the day the pension is awarded. To do this, you need to submit a refusal application to the FIU.

If none of the above options suits you, judicial practice suggests 2 more ways for MSCs aimed at improving living conditions.

The maternity capital is returned to the FIU. You terminate the contract with the developer / seller of the apartment. He transfers to you the entire amount paid for the apartment, including maternity capital.
Is it possible to return maternity capital to the Pension Fund?

You return the maternity capital to the branch of the Pension Fund that transferred it to you. It is also possible to prescribe in the agreement on termination of the contract with the developer / seller of the apartment that the developer or the seller himself transfers the amount of maternity capital to the PFR accounts. When choosing this option, keep in mind that in order to re-implement maternity capital, you will most likely have to go to court (read below).

Maternity capital remains in the family. You leave the maternity capital to yourself and use it for its intended purpose as soon as possible, that is, strictly for the purposes that were indicated in your application for the disposal of maternity capital. For example, you tried to improve living conditions. In this case, find another suitable apartment and pay for it with the amount of the returned maternity capital. Be sure to save all supporting documents in case you have to explain to the FIU. With this option, alas, no one is immune from the court with the FIU.

Is it possible to use it again after the return of maternity capital?

The “Review of judicial practice in cases related to the implementation of the right to maternity (family) capital” (approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016, p. 9) tells about the case of a mother from the Penza region, who had to terminate the equity agreement with the developer . Upon termination of the contract, the construction company transferred the amount of maternity capital to the local Pension Fund. Later, my mother found a suitable apartment building and wrote to the Pension Fund a new application for the disposal of maternity capital. The pension fund refused to re-transfer the amount of maternity capital, citing the lack of the possibility of disposing of capital in the law even in the event of a return of money. The courts restored the woman's right to maternity capital funds, since she never realized her right to improve the living conditions for her family.

What happens if you do not return the maternity capital?

provide documents that confirm the use of maternity capital funds for their intended purpose. For example, for the purchase of another dwelling. The judge may ask about the condition of this housing (whether it is suitable for living, whether it was recognized as emergency), ask if you examined it before purchasing it, and also clarify whether the purchase of such housing led to an improvement in the living conditions of the family (whether the area attributable to for each family member). Sometimes the court also checks the location of the purchased housing: the purchase of emergency housing in a remote village without a kindergarten, a clinic and employment prospects for parents is unlikely to be regarded as an improvement in living conditions. If the court considers your evidence reliable, the maternity capital will be left to you.

If your evidence does not convince the court, and it is established that you used maternity capital funds for other purposes, you will be forced to recover its amount from you. For those who cannot return the entire amount of the mother's capital at a time, it is possible to ask the court for an installment plan for the execution of a decision (how to do this: How to issue an installment plan or a delay in the execution of a court decision).
You can always recognize the claims and return the money voluntarily. In the future, you will be able to apply to the FIU again with an application for the disposal of funds of the unused MSC.

What to read about the return of maternity capital

Review of judicial practice in cases related to the realization of the right to maternity (family) capital (approved by the Presidium of the Supreme Court of the Russian Federation on 06/22/2016)

In the story: How to spend maternity capital on housing? The Constitutional Court of the Russian Federation explained when maternity capital cannot become "daddy's" Maternity capital can be spent on the rehabilitation of disabled children

An article from the Vesti Prava website - legal decisions and legal advice. Cat-lawyer in Telegram and TamTam

Is it possible to return maternity capital to the state? — Lawyer.RU

Hello!

We bought an apartment with a mortgage. The initial contribution was covered, including maternity capital. Now we want to close the mortgage agreement and get rid of this apartment. The loan amount is about 85% of the real value of the apartment. We found clients who wanted to buy it by taking a mortgage loan from the same bank. But the bank refused the deal due to the existence of our receipt-obligation that we undertake to issue shared ownership for all family members after paying for the apartment. We do not have the opportunity to pay for an apartment and transfer shares to children. We want to return maternity capital to the state, close the mortgage agreement and this obligation. How can this be done?

Victoria Dymova

How can maternity capital be returned to the pension fund? — Lawyer.RU

Hello!

I bought an apartment in marriage with a mortgage using maternity capital in 2013.

Due to financial difficulties and divorce, I was unable to pay the bank for a mortgage, and as a result, the bank takes my apartment away from me, while warning that it will be necessary to return maternity capital to the pension fund. Please tell me whether the maternity capital should be returned to both spouses or only to me alone.

Victoria Dymova

Support Officer Pravoved.ru

How to return maternity capital, aimed at the formation of a funded pension?

Among the goals of spending maternity capital defined by law, the last place is occupied by the goal of forming a funded pension. This goal can be chosen when other possible goals for which maternity capital can be directed, for example, to improve housing conditions or to educate children, are not considered or are not relevant.

If a mother chooses to spend maternity capital on the formation of a funded pension, she has the right to refuse her choice at any time, up to the moment of assigning a funded pension. Such a refusal may be motivated by the direction of maternity capital funds for other legitimate purposes in accordance with Law No. 256-FZ of December 29, 2006 (Articles 10, 11, part 2 of Article 12) and the Rules approved by Order of the Ministry of Labor of the Russian Federation No. 100n dated March 11, 2016 (p. 3). Consider the question of how to return maternity capital, aimed at the formation of a funded pension for its further use for other purposes.

Writing an application to the Pension Fund

You must write an application for refusing to send maternity capital funds for the formation of a funded pension to the territorial office of the Pension Fund of the Russian Federation at the place of residence. The content of the application is disclosed in clause 5 of the Rules. For example, in your waiver, you must include:

The name of the branch of the FIU to which your application is addressed.
Full name of the applicant, date and place of birth in accordance with the passport.
Details of the passport or other document proving the identity of the applicant: type of document, its series and number, data on the date of issue and by whom the document was issued.
Data on the place of residence of the applicant, that is, postal code, republic (or region, district, region, district), name of the settlement, street, house, building, building and apartment number according to the data indicated in the passport. If another document is indicated instead of a passport - registration data at the place of residence, according to this document.
If the applicant is registered at the place of stay, the relevant information is indicated according to the entry in the certificate of registration at the place of stay.
If a person actually lives at an address that does not match the address of registration, the address of the actual place of residence is indicated.
The number of the individual personal account of the insured person.
Information about the certificate for maternity (family) capital: series and number of the certificate, date of issue, name of the issuing organization.
Phone for feedback.

After filling out the application, the applicant puts the date of filling and his signature with a transcript.

According to paragraph 6 of the Rules, if an application is submitted on your behalf by your representative, the text of the application must contain information not only about the owner of the certificate, but also about the representative. The application in this case is signed by the representative himself.

If the funded pension is formed through the Pension Fund of the Russian Federation, the applicant in the content of the application must express a request to withdraw the maternity capital funds accounted for in the special part of the individual personal account.

If the applicant's funded pension is formed by the NPF, you write a request to return the maternity capital, namely the procedure for withdrawing funds from the funded pension pension account. The purpose of the withdrawal is to use the funds for other purposes, such as the education of children or the improvement of housing conditions. According to the Rules (clause 7), in the application you must indicate the following information:

Selected purposes of spending maternity capital instead of forming a funded pension.
The amount of the withdrawn funds of maternity capital (you can not withdraw all maternity capital, but only part of the funds).
Information that you have read and agree with the Rules for refusing to send funds for a funded pension and with the Rules for sending maternity capital funds for a child's education or for improving housing conditions.

The application in accordance with clause 8 of the Rules is accompanied by documents in the form of originals or certified copies of a passport or other document proving the identity of the certificate holder and his representative.

The signature of the certificate holder on the application in accordance with paragraph 9 of the Rules is also certified by a notary.

Submission of the completed application and documents to the FIU

The applicant has the right to send an application to the branch of the Pension Fund at the place of registration, residence or stay. Documents can be sent either directly to the PFR department, or through the MFC or by mail with a list of attachments and with a return receipt.

In the same way, electronic applications are accepted on the PFR website in the personal account of the insured person. Registration of the application occurs automatically, in accordance with paragraphs 4, 4.2, 9 of the Rules.

How to return the maternity capital used to form a funded pension, if the applicant lives abroad and does not have a place of residence in Russia at the time of sending the application, he has the right to send his application and copies of documents directly to the FIU, in accordance with clause 3 of the Rules.

After sending the application electronically, the official of the PFR department that accepted the application will send you or your representative, if he sent the application, an electronic notification within the next business day, which will indicate the fact of acceptance of documents and the date of acceptance for submission of the original documents accompanying statement. The date of acceptance, in accordance with clause 4.2 of the Rules, is set no later than five working days after the receipt of documents by the FIU.

Waiting for the decision of the FIU on your issue

The FIU reviews your application and documents and, if it finds no grounds for refusal, decides to grant the application. This process takes up to three months from the date of registration of the application with the FIU (see subparagraphs "a" of paragraph 18 of the Rules).

The rules (clause 19) define the following list of grounds on which the FIU may refuse to satisfy your application:

If the applicant initially did not allocate maternity capital funds for the formation of a funded pension.
If a woman has already exercised her right to refuse to use maternity capital funds for the formation of a funded pension, and therefore there are no funds on the funded pension pension account or in the special part of the individual personal account.
If a woman, in her application, indicated an amount greater than what is available on the pension account of her funded pension or in a special part of an individual personal account.
If a woman has already been assigned a funded pension.

Upon receipt of a refusal, you can apply for a refund of maternity capital again, when the circumstances on the basis of which the PFR refused you cease to operate (see clause 21 of the Rules).

From the moment the FIU makes a decision regarding your application, within five working days you will be sent a copy of the decision, which will indicate the amount of funds regarding which the FIU made a decision to satisfy the application or to refuse (clauses 22 and 29 of the Rules).

If the application is satisfied within seven working days, you will receive a notification of the receipt of maternity capital funds to the PFR account (clause 30 of the Rules).

If you have submitted an application for refusal to send maternity capital funds for the formation of a funded pension, then within seven working days from the date of submission of this application you have the right to cancel it, for which it is enough to submit a corresponding application for cancellation of the first application. At the same time, according to clauses 23-27 of the Rules, you have the right to repeatedly refuse to send funds for the formation of a funded pension by submitting the next application.

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