How much does the guardian family receive? Benefits and payments for guardian children - guardianship allowance

Obtaining custody of a child in Russian Federation is a long process in which many nuances and aspects should be taken into account.

Every citizen should know how to obtain child custody in 2017. Because difficulties and questions may arise during registration.

Highlights

The procedure for obtaining guardianship of a child is always a complex and lengthy process.

In the Russian Federation there is a clear legislative framework, which regulates the receipt of guardianship rights for a child.

At the same time, citizens should understand how this procedure differs from adoption. Since not everyone understands the design of both statuses.

Thus, obtaining the status of an adoptive parent completely binds the child to the new parents and they can give him their last name.

This procedure is more serious and involves obtaining full rights to the child and caring for him as if he were his own child.

What is it

Guardianship involves taking a child into your care. In this case, parents act as educators who accepted the child into the family.

They cannot give the baby their last name. But in terms of benefits and allowances, this method allows you to receive significant privileges for both parents and the child.

Because in the case of an orphan, he can receive housing from the state. And if he is adopted, then this opportunity is lost.

Guardianship itself presupposes the existence of rights to the child and the implementation of its upbringing. At the same time, more demands are placed on caregivers than on parents.

Since they bear great responsibility for the child, his health both physically and mentally.

In addition, parents will have to monitor his progress at school and develop his talents and abilities.

In this case, difficulties may arise with the preparation of documents for a specific child. If there are applicants to adopt a baby, they will be given priority.

After all, the state cares about the child and it will be much better for him to get a permanent family than a temporary guardian.

Age restrictions

You need to understand that this type of restriction exists both in terms of guardians and in the case of children for whom documentation is being drawn up.

The fact is that it is worth understanding several nuances:

1. Guardianship is granted to children under 14 years of age.
2. In order to take in a child who is 14 years old, you must register for guardianship.

These schemes are valid until the child turns 18 years old. After this, the agreement with the guardian terminates and the child can begin an independent adult life.

As for citizens who want to take custody of children, they must be 18 years old. It is from this age that Russians can take custody of children.

What regulations governs

When registering a child under your guardianship or guardianship, you should familiarize yourself with the fundamental legal documents.

Because there are not many of them in this area. And they will help a citizen quickly and easily obtain custody of a child.

The main Federal Law is “On Guardianship and Trusteeship”.

This document determines which categories of citizens can establish custody of a child. And all the conditions for obtaining guardianship of a child are indicated here.

Talks about the responsibilities assigned to guardians and trustees. You should familiarize yourself with them initially to avoid problems.

Chapter four of this Federal Law contains information about what property rights a child has.

It also states that guardians and trustees can manage the child’s property.

And provisions have been established that will protect a child without parents in the legal field.

What you need to know

When setting up a guardianship, there are many provisions to consider. So, there are a number of nuances:

• which citizens are granted the right to receive guardianship;
• what categories of children can be transferred to guardians;
• what benefits and payment for the implementation of guardianship work are provided by the state;
• rights and responsibilities of custodial parents.

It should be noted that all guardians must provide reports on the upbringing of children to the guardianship and trusteeship authorities.

Because this is how the state can monitor the correct fulfillment of all obligations to raise children.

At the same time, the guardian needs to know that a mandatory condition for transferring the child to be raised in new family is the signing of an agreement with the state.

It will spell out all the rules for caring for the child and raising him.

Who can become

You need to understand that not all citizens can become guardians. So, a strict list of requirements is put forward to them.

The main ones are:

• reaching 18 years of age;
• capacity;
• no procedures were carried out in relation to the citizen or he was removed from guardianship;
• no criminal record, no problems with drugs and alcohol;
• people who are in same-sex marriages.

Guardianship procedure

Registration of all documentary parties will be carried out according to the following scheme:

With living parents

There are several nuances to consider here. Since only in such cases is guardianship issued:

1. The child's parents are physically or mentally ill and cannot care for him.
2. Parents work in another city or country, work on a rotational basis or in shifts. In such cases, they cannot raise the child to the fullest extent.
3. The child receives education in another city until he turns 16 years old.
4. If parents do not have the opportunity to financially take care of the child.

In most of these cases, to establish guardianship, it is necessary to obtain permission from the parents.

Therefore, there is no need to wonder whether it is possible to obtain guardianship of a child while the parents are alive. After all, this procedure is quite common.

If he is from an orphanage

In the case where the child is supported by the state, it is much easier to obtain guardianship for him.

Because the procedure includes standard steps:

• collection of documentation for registration of guardian status and transfer of the child;
• submission of all papers to the guardianship authorities;
• apply with the received permission at the place of residence of the child;
• write a statement and take it home.

These stages are enough to legally register a child into your family.

If disabled

It should be noted that in the case of a child who has, his registration in a family will be carried out according to the standard algorithm.

But it is necessary to understand that in order to receive a positive response from the guardianship authorities, the guardian must provide the child with the most comfortable living conditions.

Where to go

To establish guardianship, you need to contact the guardianship and trusteeship authorities. First, you need to register your status as a guardian.

This can be done at the territorial branch of the PLO at your place of residence. The next step is to choose a child.

And this procedure can be carried out in any baby home in the country. It is enough to find a suitable child to live with the family.

How much do they pay for child custody in 2017?

It should be taken into account that when registering guardianship, the state provides separate payments and benefits for each child:

It is also worth noting that regional payments are also provided. from the place of work and from the police about the absence of a criminal record.

Document confirming a medical examination.

A written document of consent to guardianship.

Certificate of completion of guardianship courses.

Document with autobiography.

Certificate of availability of a pension certificate - a copy must be provided.

These documents should be sufficient to obtain custody of the child. But at any time, the guardianship and trusteeship authorities may require you to provide additional papers.

You should prepare for possible difficulties and the need to bring additional documents from various authorities.

It is best to study the sample application for guardianship, since it has many nuances.

What benefits are paid?

There are several types of benefits that you can receive when taking custody of a child. It is determined for each child separately.

Because there are several nuances here. So, the main part of the benefits will be like this:

Possible nuances

When obtaining custody of a child, you should understand that:

• the state issues to guardians cash;
• the child may be taken away if his rights are violated and the parents may be deprived of guardianship status;
• The living conditions of the child’s stay in the family must comply with established standards.
• The priority right to guardianship is given to relatives.

These points should be kept in mind when filing for guardianship. Because they can significantly interfere with obtaining or exercising guardianship.

Plus, it is worth considering that guardianship always requires the consent of the child or his parents.

It is worth understanding that welcoming a child into a family is an important step. And therefore, the state provides for a lengthy registration procedure in order to check the parents’ intentions and prepare them to work with the baby.

Quite often you can come across the term “ guardianship allowance" It means financial support for citizens who have taken the child into custody. In some cases, this concept also includes material remuneration, which is transferred by the state to children who have lost their parents and were placed under guardianship.

The state supports the institution of guardianship in two ways:

• by providing a one-time financial payment for children under guardianship to persons who took such children under guardianship;
• through monthly assistance to children who are placed in care.

One-time payment of guardianship benefits

In January 2014, it was decided to increase one-time payments for supervised children by 1.05%. At the moment, the amount of the benefit is 13 thousand 741 rubles 99 kopecks, taking into account regional coefficient. This benefit is paid to those citizens who took custody of a child left without parental care in the period from January 1, 2007 to the present. It is important to note that this guardianship benefit is a one-time payment – ​​it is paid once after the child is placed in a family for upbringing.

Monthly assistance

The state also supports children for whom guardianship has been issued. From January 1, 2014, the amount of the monthly benefit was increased; now it is 6 thousand 697 rubles, taking into account the regional coefficient. The difference between this type of payment is that it is made monthly.

Conditions for assigning a lump sum payment and monthly assistance

Guardianship benefits are not always awarded. Material resources are assigned if the children’s parents have died or are unable to personally carry out the functions of raising children due to the following circumstances:

• deprived parental rights;
• the exercise of such rights is limited;
• declared dead, declared missing;
• recognized as having limited legal capacity or incapacity;
• are in institutions that ensure the serving of a sentence of imprisonment, are held as suspects or accused, in custody;
• undergo treatment in health care institutions;
• have diseases that prevent them from fulfilling parental responsibilities;
• avoid raising children, protecting children's rights and interests;
• refuse to take children from medical or educational institutions, as well as social protection institutions and other similar institutions.

Monthly benefits and one-time payments are also due to children in other cases if they are recognized in the officially established manner as being left without parental care.

Guardianship benefits are not assigned or paid if the following two conditions are present in combination:

1. parents voluntarily transfer the child into the custody of another person;
2. due to circumstances that do not exclude the possibility of their participation in raising the child, for example, they live separately from the children, are on business trips, perform a special task, and other similar circumstances.

For a child who is studying in an educational institution and has reached the age of 16, monthly payments are assigned subject to the provision of a standard certificate from the educational institution. In this case, the form does not matter educational institution or its departmental affiliation. It is important to know that the certificate must be provided twice per academic year: first from October 1 to 15 (period 1), and then from March 1 to 15 (period 2).

Required documents for guardianship benefits

The appointment of guardianship benefits requires the provision of the following documents:

• application for the appointment of the appropriate payment;
• a copy of the decision made by the guardianship and trusteeship authority to establish guardianship;
• a certificate from the subject of the Russian Federation in which the guardian and the child are registered;
• documents certifying the absence of parents or their inability to exercise the functions of raising children.

In conclusion, we note that the circumstances in connection with which guardianship was established may disappear. If, for example, a parent has been cured and served his sentence, then monthly payment for children under guardianship is terminated. The person acting as a guardian is obliged to inform the guardianship and trusteeship authority within 10 days from the moment he became aware of these circumstances.

Benefits for guardians of minor children are provided for by Russian legislation. The Institute of Guardianship helps place young children in a family to protect their rights and interests. Guardians undertake the responsibility to care for minor children. And for this, the state assigns them to a special category of citizens who have the right to receive benefits and allowances.

Russian legislation provides for certain measures to support such a category of citizens as guardians. They can count on the following types of benefits:

1. A one-time payment from the state upon obtaining guardianship of a child. In 2017, its size was 14,497 rubles.
2. The monthly allowance for the care of a child under 12 years old is 15,000 rubles, and for children over 12 years old - 20,000 rubles.
3. Regional compensation payments, which are individual in each subject.
4. Disability benefit if the baby has a disability established and confirmed by a medical commission.

In addition, it is important to remember that if the natural parents are alive, they are required to pay child support.

All required payments must be used to create comfortable conditions for the child and provide for his needs.

In addition to financial support, the state provides the following types of benefits:

• tax;
• labor;
• benefits for utility bills;
• in education;
• in medicine.

Tax

The main types of such benefits include a tax deduction for each child and the possibility of a refund of the tax paid for the treatment and education of the child. In 2017, the following sizes were established:

• for a disabled child, the tax deduction amount will be 6,000 rubles;
• for the first and second child 1,400 rubles;
• for the third and more than 3000 rubles.

Only minor children are taken into account. A tax deduction can be filed by one parent or both at the same time. But the amount in this case will be divided by two. To receive these benefits, you must write a corresponding application to the HR department or your manager.

Social tax refund for training or education is possible in the following cases:

• no more than 120 thousand rubles can be spent on treatment or purchase of medications within one calendar year;
• The child’s education must be full-time and the maximum amount for one year is 50 thousand rubles.

To receive this social return, you must submit a declaration before March of the next year and submit all the necessary reporting documents.

Labor

Preferential working conditions are provided for people who have received custody of a child. These include:

1. Possibility of refusing to work at night and overtime if the child is under 5 years old.
2. Guardians of children under 14 years of age are allowed to set part-time or part-time working hours for themselves. But wages must be calculated based on hours worked or work performed.
3. If the baby is under one and a half years old, the guardian can take leave to care for the baby.
4. Guardians of children aged one and a half to 14 years are allowed to take an additional unpaid two-week leave once a year.
5. When a teenager enrolls to study in other cities, the guardian can take leave during the entrance exams.

Housing and communal services

Certain discounts on utilities are provided individually by each region. This is an optional benefit that may not be available in some regions, or, conversely, may reach a 50% discount.

Education

When children under guardianship enter educational institutions, parents and students are entitled to the following types of benefits:

• two free school meals a day, as well as free textbooks;
• regional authorities may provide additional free courses preparing children for admission to universities;
• Guardians can reimburse 50% of kindergarten fees.

To receive established benefits, you must provide a document in educational institution, indicating guardianship.

Medical

Due to the fact that young children often get sick and the costs of their treatment are quite high, the state provides the following types of benefits:

• free medicines for children under 3 years old, with a doctor's prescription;
• free infant formula is provided to children under 2 years of age with a doctor's prescription;
• For disabled children, guardians may require rehabilitation and sanatorium treatment.

Individually, each region may establish additional measures to support children under guardianship.

Conditions of receipt

In order for guardians to receive the payments due to them, they must meet certain conditions. They are defined by law and include the following:

• the child under guardianship is disabled;
• the guardian is not officially employed and does not receive an official salary;
• the guardian is a capable citizen of Russia;
• the guardian has not reached retirement age.

If guardians meet the listed conditions, they can easily apply for the benefits and benefits they are entitled to.

Registration procedure

To apply for benefits for adopted child and others due payments, you need to prepare a certain package of documents:

• custody agreement;
• guardians' passports;
• a certificate confirming the income of both guardians;
• a certificate from work if the new parents are employed;
• certificates from educational institutions where children are studying;
• certificate of a child taken into care.

After collecting all the documents, you must contact social authorities or a multifunctional center.

When filling out the application you must indicate the following:

• name of the organization where the papers are submitted;
• personal and contact details of the applicant;
• title of the document;
• indicate the personal data of the child placed under guardianship and the data of both guardians;
• a request for the provision of required benefits, indicating the method and details for its transfer;
• date and signature of the applicant.

After submitting the documents, a decision must be made within 10 days and benefits must be assigned.

If the family is unable to appear in person, all documents can be sent by mail. But to do this, you need to print and fill out an application, and also have all photocopies of documents certified by a notary.

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When does a guardian receive a salary for caring for a child? Guardians have NO SALARY! There is child support.

What do evil guardians do?

A married couple collects a package of documents confirming their suitability for guardianship, finds a large house, takes 5-7 children under guardianship, and then uses child support benefits in their own interests. 100-140 thousand rubles for two adults, why is it bad? Go find a job with a salary of 70 thousand rubles, and here is such a freebie, living on benefits for caring for wards from orphanage.

Only foster educators receive a SALARY; they are under the guard of the state; they do not dare spend the benefits on themselves, and why? The state pays their salaries, but who really wants to live as if under a microscope? So it turns out that they don’t take children for a salary, there is almost no patronage, but people are ardently interested in guardianship.

Pay special attention- only a foster carer has both a salary for raising a child and an allowance for the maintenance of this child. The patronage has the right to spend the salary on itself, the allowance only for the child.

Adoptive parents are divided into several categories: guardians, patronage, adoptive parents. At first glance, there is no difference between them, but in reality this is not the case; the categories of adoptive parents differ. Guardians are people who raise a child in their family, receive child care benefits (aka an incapacitated person), and have a number of rights and powers in relation to the child. Adoptive parents have all rights to the child and do not receive assistance from the state for the maintenance of the child. A patron is a teacher who does not have rights to the child, receives child support, and receives wages for his work (for raising this child).

All foster parents are to some extent “guardians” of the child from the orphanage, but only the foster parent receives a salary. Let's make a small digression from the topic and pay attention to this side of the issue: salary for raising a child from an orphanage, what is it? People often call wages the money that the state pays to the family to support the child, but in reality it is not the parents’ money, but the child’s. Adoptive parents do not have the right to dispose of child support benefits for their personal interests; they are obliged to spend funds only in the interests of the ward. If a foster parent, for some reason, spent his personal funds on a child under his care, then the state reimburses him for these expenses.

Regarding adoptive parents who have obtained guardianship- the state believes that the guardian must support and fully provide for his own needs, so there is no question of salary in this case. The situation with foster care is different. Here the state pays the teacher, who is also a temporary foster parent, an allowance for the maintenance of a child from an orphanage and a salary for upbringing. In fact, the situation looks like this: someone takes a child under his supervision, but raises him not on the territory of a child care institution, but at home, at his place of registration. It looks beautiful, but if you dig deeper, moments emerge that cannot be called pleasant.

Let's compare the rights of a custodial parent and a foster parent. The custodial parent has the right to independently resolve many legal issues regarding the upbringing and maintenance of the child: enrollment in an educational institution, enrollment in clubs, preparatory courses, hiring a tutor, treatment. The foster parent does not have these rights! This parent is obliged to apply for permission to the child care institution for each issue to obtain permission to conduct the desired event. The foster child is under the control of specialists involved in this orphanage (psychologists, educators, director, doctors, lawyers), the parent himself is completely powerless, he simply raises the child in a different atmosphere, not the state, but at home.

What payments are there from the state? foster parents, in this case we are talking about guardians and patronages. Child support is calculated differently, depending on the age of the ward and his state of health. You should pay attention to the item “health status”, since children are divided into groups based on health status, but not into groups based on disability; some inattentive parents confuse health status with disability group. It makes no sense to give an example of the amounts of monetary rewards, since these amounts change every year and directly depend on the decisions of local authorities for the guardianship and adoption of children from orphanages.

A rough guide to what state payments to adoptive parents look like. For the maintenance of children under three years of age, the amount paid is 30-40% more than the standard established by local authorities; let’s take the guideline for 2014 in the Moscow region - 12 thousand; for children over 3 years old, the benefit was 9 thousand. This is an allowance, not a salary for the teacher, who becomes a foster parent. If a child is from health group 3-5, then the maintenance allowance is twice as high, 25 thousand. For children over 12 years old, the amount of 20 thousand is paid. All these figures are given as an approximate example for the Moscow region for 2014; they should not be taken as an affirmative indicator of payments.

The salary of the foster teacher is the same as that of the employees of the orphanage; moreover, these parents become employees of the children's institution from which the ward was taken, and their work experience goes to them.

More precise information about wages for raising a child can be received at the location of the person of interest government agency. A foster parent can spend his salary at his own discretion and not be held accountable to the state for where, when and how he spent it, while he is obliged to keep a full account of the spending of funds allocated for the maintenance of the child.