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Published: 08/31/2016
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The possibility of using maternal (otherwise known as family, MSK) capital when purchasing or constructing residential real estate is enshrined at the legislative level.
Also, financial assistance from the state can be used to pay off obligations as part of the purchase of housing with a mortgage.
- What is maternity capital?
- Who can pay a mortgage with family capital?
- Documents to receive Registration of a personal certificate Submit a package of documents
- Receive the document from the territorial office of the Pension Fund of Russia
- Obtaining a certificate from the bank about the balance of the loan debt and interest
What is maternity capital?
The state has been providing material support to families called maternity capital since 2007.
We are talking about those families in which two or more born or adopted children are raised.
For several years, the state has been indexing the subsidy.
From 2020, the amount of maternity capital is 453,026 rubles, personal income tax is not withheld from it.
Previously, it was expected that the family support program would “work” until December 31, 2016
inclusive. However, last year a decision was made to abandon alternatives and extend the program until December 31, 2018. This is stated in Part 1 of Art. 13 of Federal Law No. 256-FZ of December 29, 2006 “On additional measures of state support for families with children.”
You can receive maternity capital once in your life. The family has the opportunity to contact the Pension Fund division to issue a certificate of the same name immediately upon the birth of their second child. Cashing out the entire amount of money is not allowed: within the framework of the law, you can only receive 25,000 rubles.
In addition to solving the housing problem, the subsidy has other purposes.
In what cases can they require it?
They may require this document from you immediately after you decide to apply to a pension fund or multifunctional center in order to receive a certificate for the use of maternity capital (about where to apply for maternity capital, how to get it and who is entitled to it, it is described here). As a rule, after you have received a certificate, you can apply for a measure of government support in cash at any time.
Therefore, all documents submitted by you, as well as a certificate containing details and information about the status of the account, are carefully checked.
You can read information about this in the rules for submitting an application for one-time payments, as well as in the rules for submitting and providing a certificate for the use of maternal capital under number 251 dated April 27, 2015.
Who can pay a mortgage with family capital?
The owner of the certificate can pay off the mortgage using capital funds. This right has been secured since 2009.
The following can count on receiving support from the state:
- A woman citizen of the Russian Federation who adopted or gave birth to a second child after 01/01/2007;
- A male citizen of the Russian Federation who is the sole adoptive parent of a second child by a court decision that entered into force no earlier than 01/01/2007;
- Regardless of citizenship, the father or adoptive parent of the child, if the woman loses (due to death, deprivation of parental rights) the opportunity to receive payment.
There are two main options for attracting capital when buying a home with a mortgage:
- Payment of the down payment. Not all banks take the certificate into account as a down payment. Often, the borrower still has to attract additional personal savings. In fact, it turns out that the amount of the down payment can only be reduced at the expense of maternity capital;
- Partial payment of the principal amount. This option is quite beneficial for the borrower, since it can significantly reduce the total amount of overpayment. It occurs much more often.
The owner of a certificate for receiving maternity capital can apply it according to any of the specified schemes, including transferring funds to repay a mortgage loan:
- Registered in the name of one of the spouses;
- Registered in the name of both spouses.
It’s not for nothing that maternity capital is called “family capital”.
If funds are used to improve the family’s living conditions, the purchased housing must be registered as the property of both parents and children.
There is the following nuance: clauses in the lending agreements of some banks clearly prohibit the allocation of shares to minors. In this case, in order to exercise the right to receive maternal capital, it is necessary to provide a notarial undertaking to register the property as the property of all family members after the closure of the loan agreement.
Documents to be received
Registration of a personalized certificate
After the birth or adoption of a second child, the right to receive maternity capital arises. First of all, you need to issue a personal certificate . You can do this as follows:
Submit a package of documents
They are submitted to the territorial branch of the Pension Fund or to the MFC division for the production of a certificate confirming the right to capital:
- Statement. The application form is available on the website or at the Pension Fund branch;
- Passport and SNILS of the applicant;
- Birth certificates for both children.
Receive the document from the territorial office of the Pension Fund of Russia
After 1 month - this is the period regulated at the legislative level and is necessary to obtain a certificate, obtain the document from the territorial office of the Pension Fund of Russia.
Every year the amount of maternity capital is indexed, but there is no need to make changes to an already issued certificate.
Repaying an existing mortgage
If a family decides to use funds to pay off an existing mortgage loan, the action plan is as follows:
Obtaining a certificate from the bank about the balance of the loan debt and interest
Tips for obtaining:
- In some credit institutions, this document can be ordered online in Internet banking, and then go to a bank branch to receive a prepared copy;
- Sometimes special divisions of credit institutions are involved in issuing such papers, and the process can take from 3 to 10 days. Therefore, it is better to take care of obtaining a certificate in advance.
In the credit department of the bank, you must write an application for early repayment of the loan, in which you indicate the method for recalculating the balance of the debt through:
- Loan term;
- Amount of monthly payment.
Draw up an obligation to grant ownership rights to all family members
The owner of a residential property purchased with a mortgage must visit a notary and draw up an obligation to vest ownership rights in all family members.
Contact the territorial branch of the Pension Fund or MFC
Here you must provide the following package of documents (original and copy):
- Passport and SNISL;
- Certificate for MSK;
- Loan agreement;
- A certificate from the bank about the outstanding balance of principal and interest. The validity period of the certificate issued on the date specified by the borrower in the application is unlimited;
- Certificate of state registration of real estate rights;
- Notarial obligation to allocate shares in the apartment to all family members.
If the borrower is the sole spouse, the following is additionally provided:
- Spouse's passport;
- Marriage certificate.
Simultaneously with the package, it is necessary to submit an application for the use of maternity capital funds to improve housing conditions (mortgage repayment) and an application for the transfer of funds indicating payment details.
In the application, the owner of the certificate can indicate both the full amount of capital and its part.
Certificate of maternity capital balance through State Services
Maternity capital can be divided into certain parts in order to be able to use it to satisfy the various needs of the family.
Citizens can use its funds 3 years after the birth of their second child. MK funds are subject to mandatory annual indexing, so their size will increase significantly by the time they are received.
For holders of a maternity capital certificate, a special service is provided in the personal account of the State Services portal. On it you can get information about the amount of maternity capital, its residual amount, if some of it was used earlier.
In addition, you can order a certificate indicating the amount of maternity capital balance.
| First step | Registration on the official website of the Ministry of Labor and Social Protection of the Population |
| Step two | Carrying out a search in the menu of the “Pension Fund” item |
| Step three | Selecting the section “Informing citizens about state social assistance”, filling out an application form and then sending it to the system |
If the owner of the MK certificate is registered, then the required information is automatically processed. The system sends the result to the applicant’s email or mobile phone.
A document on the balance of maternity capital funds can be issued on the Internet using the State Services service. To use this method, you will need to do the following:
- Register on the portal and log into your personal account.
- Select the “All services” section.
- Open the “Ministry of Labor and Social Protection” tab.
- Select the item “Pension Fund”.
- Open the sub-item “Informing citizens of the Russian Federation on issues of providing state social assistance.”
- Click the “Get service” button.
- On the page that appears, the user enters personal information into the form and indicates a possible way to contact him in case of questions from Pension Fund employees (email address, phone number). Information about the certificate is entered into the form, and information about the need for data on the exact amount of the maternity capital balance is noted. The certificate will look like an electronic document in pdf format. Can be sent by mail. The service is provided free of charge.
A certificate of maternity capital balance can be obtained through the State Services portal. To do this, you need to register in the Unified Identification and Authentication System (USIA):
- Registration is carried out through the official website of the State Services (all empty fields must be filled in).
- You need to log in to your personal account and provide personal information.
- Pass automatic verification.
- Confirm your identity in any available way:
- by visiting the user service center in person;
- registered letter with confirmation code;
- via Internet banking: Sberbank, Tinkoff, Post Bank;
- using an electronic signature.
What happens after a decision is made?
The law allows PFR employees a month to check the package provided. After this period, the authorized person:
- Makes a positive decision. In this case, within 30 calendar days from the moment the application is satisfied, funds in the amount specified by the applicant will be transferred to pay off mortgage obligations;
- Refusal. In this case, the certificate holder can try to challenge the decision of the authorized person of the Pension Fund in court, having first analyzed the reason for refusal indicated in the response to the application.
There are two features of transferring maternity capital:
- It can be used to repay a mortgage only when the loan is issued non-cash to an account opened in the name of the owner/official spouse of the certificate holder;
- The law does not prohibit using funds simultaneously to repay several loans for the purchase of housing.
Real estate transactions involving minors - how legal is it? You will learn how to allocate a share in special cases in our feature article. How to take the extract you need from the house register, you will read in our material at the link.
Validity period of the certificate
The document is issued in hand within 3 working days if we are talking about a personal application to the Pension Fund. If the certificate is issued through electronic services, the period is longer – from 15 to 30 days. Multifunctional centers are given a month to comply with the application.
The legislation of our country does not stipulate the exact validity period of a certificate of non-use of maternity capital. Although some organizations have a practice of refusing to accept a certificate that was received more than one month ago. This is especially true for banks.
The certificate is valid for 30 calendar days.
