Certificate of non-receipt of benefits for up to 1.5 years (sample)

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Published: 07/15/2018

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To apply for child care benefits for children up to 1.5 years old, you need to collect a certain set of documents. Its composition depends on whether the parent is officially employed or not.

• General information
• Instructions for applying for child care benefits for children up to 1.5 years old
• List of documents for obtaining benefits for employed citizens
• List of documents for the unemployed

Certificate from the father’s place of work stating that he does not use parental leave

Only one member of the child’s family and one who pays insurance contributions to the Social Insurance Fund (Part 4 of Article 13 No. 255-FZ) can receive benefits for caring for a child up to 1.5 years old.

After the birth of the baby, the child’s mother is on maternity leave, and immediately after its completion she can go on maternity leave. To apply for leave, the mother provides a certificate from the father’s place of work confirming that he is not on parental leave and is not receiving benefits.

The child’s mother can go to work immediately after the labor leave, leaving childcare to the father. In order for the child's father to receive benefits, the mother must obtain a certificate from her employer. If the child is cared for by a working grandmother or other relative, then a certificate from the place of work of both parents will be required.

The certificate is issued at the place of employment, for example:

• Working under an employment contract, including fixed-term and unlimited
• Persons undergoing military service under contract

General information

Child care benefit is a compensation payment that is paid from the end of maternity leave until the child reaches 1.5 years of age. Payments may be terminated early:

1. If a woman returns to work ahead of time (but only full-time; if she has a shortened day or works from home, then the right to benefits is not lost).
2. If she applied for unemployment benefits.

If a woman has not applied for maternity leave, payments are transferred to her immediately after the birth of the child.

The benefit can be issued not only by the child’s mother, but also by another person who actually cares for the child: father or grandmother/grandfather. In this case, the other parent must confirm the fact of non-receipt of benefits and non-use of parental leave.

The procedure for assigning and paying monthly child care benefits is regulated by law:

• Federal Law-255 of 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity”;
• Federal Law-81 of 1995 “On state benefits for citizens with children”;
• Order of the Ministry of Health and Social Development of 2009 No. 1012n “On approval of the Procedure and conditions for the appointment and payment of state benefits to citizens with children.”

In general, benefits are transferred in the amount of 40% of average monthly earnings or are tied to the minimum wage for the current year.

Certificate from the parent’s second place of work confirming non-receipt of benefits for up to 1.5 years

A parent who wishes to receive child care benefits and has several jobs (works part-time) is obliged to:

• Choose one of the employers from whom he will receive benefits
• Provide a certificate from other employers that benefits are not accrued or paid by them

If the second parent has several jobs, then he must also provide a certificate from each employer. This is required so that the state can be sure that child benefit is paid in only one place.

What information must be included in the certificate?

• Name and details of the legal entity that issued the certificate.
• The number assigned to the document.
• Name of the city and date of compilation.
• Title of the document.
• Information about the employee (full name, position, etc.).
• Information about the child (full name and date of birth).
• Information that the citizen was not provided with maternity leave to care for a child and was not paid benefits. This is a key point; without it, the certificate will be considered invalid.

The certificate is submitted for approval to the head of the organization, and then it must be certified with a seal. The certificate is valid for 1 month.

Certificate from social security confirming non-receipt of benefits for up to 1.5 years

A non-working parent can obtain a certificate by contacting the local OSZN.

OSZN can issue a certificate to the following categories of citizens:

• For students
• Unemployed people registered with the employment service
• Working people without official employment
• Women dismissed during pregnancy or labor and employment leave due to liquidation of the organization

The state does not allow receiving two benefits at the same time, for example, you cannot receive unemployment benefits and child care benefits. But a citizen can choose which of these benefits to receive.

Who doesn’t make sense to collect certificates and statements?

Nothing will be paid to those parents who left the Russian Federation for permanent residence in another country. It is useless to collect documents for persons whose children are kept in state institutions with full support. Persons deprived or limited in parental rights will not receive government assistance. This norm is contained in clause 4 of section I of order No. 1012n dated December 23, 2009.

Legal documents

• Order of the Ministry of Labor and Social Protection of the Russian Federation dated December 29, 2017 No. 889n
• Decree of the Government of the Russian Federation No. 485 of April 12, 2020
• order dated December 23, 2009 No. 1012n

Certificate to father about non-receipt of benefits from the Social Insurance Fund

Individual entrepreneurs, self-employed people and persons engaged in private practice can apply to the Social Insurance Fund for a certificate of non-receipt of benefits. Possible situations:

• If a homeowners' association agreement has been concluded, you must contact the Social Insurance Fund for a certificate confirming that benefits have not been assigned and are not being paid.
• If the DSZh agreement has not been concluded, then first you need to get a certificate from the Social Insurance Fund about the absence of an agreement, and then contact the OSZN.

In judicial practice, there are cases when an individual entrepreneur himself issued a certificate of non-receipt of payment, confirming it with a signature and seal (does not apply to self-employed people and private practice specialists). This case includes the case when the Arbitration Court of the Stavropol Territory made a decision in case No. A63-6232/2014, which was later confirmed by the Supreme Court of the Russian Federation.

List of documents for the birth of a child

From 01.02.2021 its amount is 18,004 rubles 12 kopecks. The money is paid once to one of the parents - the one who works. If parents do not work or are full-time students, the subsidy is paid by the Social Insurance Fund. What certificates are included in the list of documents required to establish benefits:

• statement;
• birth certificate:
• confirmation from the second parent’s work that he does not receive payment.

Additionally, if required:

• divorce certificate;
• a certified statement of the last place of work for the Social Insurance Fund.

IMPORTANT!

The papers must be collected and submitted no later than six months from the date of birth. Appointed within 10 days from the date of submission of documents, paid within the same 10 days by the employer and no later than the 26th of the next month by the Social Insurance Fund.

How to issue a certificate of non-receipt of benefits for up to 1.5 years

A certificate of non-receipt of benefits for up to 1.5 years is written in free form, since there is no single established template. In some organizations, documents are drawn up on company letterhead.

The letterhead usually already contains all the details of the organization, but if the filling is done on a blank sheet of paper, then information about the organization that issued the document is indicated at the top:

• Name of the organization indicating the form of ownership (full name for individual entrepreneurs)
• Details: INN, KPP, OGRN (if available)
• Contact information: postcode, address, telephone

Then the registration data of the document is indicated:

• Outgoing number
• Date of document creation

Below in the middle of the line is written the name of the document: “Help”.

The red line contains information about the parent: full name, period of work and position held by the employer.

The new paragraph provides information that child care benefits under 1.5 years of age were not assigned and were not paid to the bearer of the certificate. The following sentence contains information about the child: full name and date of birth.

After which the purpose of issuing the document is indicated, for example, for presentation at the place of demand.

The signature of the head and the seal of the organization are placed at the bottom.

Despite the fact that the certificate is written in free form. According to the law (Letter of the Ministry of Health and Social Development No. 18-1/2756), the certificate must contain information about the recipient, and that payments for child care benefits and leave were not assigned or received to them.

List of documents for obtaining benefits for employed citizens

To apply for benefits, employed citizens must contact the accounting department at their place of work (in some companies the HR department is responsible for receiving and processing such applications). Here they need to write:

1. Application for parental leave for up to 1.5 years.
2. Application for granting benefits for child care up to 1.5 years.

In the application submitted to the employer, it is required to indicate the full name of the head of the enterprise in whose name it is submitted; The applicant’s full name and details of his passport (series, number, by whom and when the document was issued), details of the account to which the money will be transferred (optional, since the benefit is usually transferred to a bank card linked to the applicant’s bank account); the applicant's residential address; date of application and signature of the applicant, his position and department.

The main part states the request for parental leave and indicates the start and end dates of its validity (this is the last day of maternity leave and the day the child turns 1.5 years old).

The application is free-form and can be drawn up in written or handwritten format. The application form can be downloaded from the link.

The set of documents that working citizens must attach to their application includes:

1. Applicant's passport.
2. Child's birth certificate (or adoption certificate).
3. Birth certificate of previous children.
4. A certificate stating that the citizen did not apply for benefits at another place of work (if he works part-time).
5. A certificate stating that the second parent did not apply for or receive child care benefits. There are different options as to where to obtain this certificate. If the child benefit is issued by the mother, and the father is not officially employed, then he should obtain this certificate from Social Security. If the second parent is employed, the certificate is ordered at his place of work. It is worth noting that this certificate is valid for only one month (during this time you need to submit documents to receive benefits). The certificate must be certified by the signature and seal of the manager.
6. A certificate from the Social Insurance Fund stating that the second parent is not registered there and does not voluntarily pay contributions to his social insurance. This document is needed if the second parent has entrepreneurial status.

In some regions, a pilot project is being implemented, according to which benefits are transferred directly through the Social Insurance Fund, bypassing the employer. Then the documents are submitted to the territorial division of the FSS.

In general, the employer pays the benefit out of his own pocket, and then it is compensated to him from the Social Insurance Fund.

What documents are needed to obtain a certificate?

To obtain a certificate of non-receipt of child care benefits, a citizen must contact the accounting department, human resources department or directly to the manager at the place of work (service). Documents usually include the child's birth certificate.

If an employee works for an individual entrepreneur, then a certificate can be obtained from him, on the basis that he is his employer.

Documents required to obtain a certificate from the OSZN:

• Passport
• Child's birth certificate

If the recipient is a full-time student, then a certificate from his educational institution is also provided.

Documents required to obtain a certificate from the Social Insurance Fund (for individual entrepreneurs and persons engaged in private practice):

• Application for a certificate
• TIN for individual entrepreneurs
• Certificate of registration in the Unified State Register of Individual Entrepreneurs

Sample help structure

At the top of the document you must indicate the name of the legal entity and its details: TIN, KPP, OKPO, OGRN, address, contact phone number.

Below indicate the originating number and date of the certificate, as well as the name of the city.

After this, you should write down the name of the document (“Help”).

Next comes the main part. Here you must indicate your full name. employee (in full), what position he works in and from what date, employment order number. After this, it must be clearly stated that the employee was not assigned or paid a lump sum benefit upon the birth of a child.

Then it should be indicated that the certificate was issued for presentation at the place of request.

The prepared certificate must be signed by the general director and chief accountant of the organization.

When is a certificate not needed?

There are situations when a certificate of non-receipt of payments is not needed:

• Divorce by parents before applying for benefits
• There is no record of the father on the child's birth certificate

If the child’s father lives separately, but has not divorced, he refuses to provide a certificate of employment. For information, you can contact the employer directly, for example by sending a registered letter. Perhaps the management of the child’s father will agree to a meeting and provide a certificate, but this is not provided for by law. Therefore, it is possible that you will need to apply to court for a certificate or to obtain a divorce.

If the father is indicated on the child's birth certificate, the parents are not married, or do not even live together. To apply for benefits, the mother still needs a certificate from the father’s place of work or from the OSZN.

Why do you need to confirm your income?

In accordance with the law, child benefits after 3 years of age are issued only to those citizens who are recognized as in need of financial assistance. So, it is paid:

• large families with three or more children, provided that their average per capita income does not exceed the subsistence level in the region;
• single mothers;
• low-income citizens.

To apply for benefits, you need to provide, among other documents, certificates of family income for the last three months.

The composition of the family, according to Article 13 of Law 44 Federal Law, includes: persons related by kinship and (or) property. These include spouses living together and running a joint household, their children and parents, adoptive parents and adopted children, brothers and sisters, stepsons and stepdaughters.

Therefore, if grandparents live together with parents and children, their income will also be taken into account, and accordingly, supporting documents will also be needed from them.

What happens if you don’t bring an extract from your place of work about non-use of benefits?

It is important to understand that the submission of such a document is a prerequisite for applying for parental leave, as well as for calculating the required payment. Without submitting such a certificate, the mother (father) of the child will not be able to take advantage of this social guarantee provided by the state.

If one of the parents of a newborn works in several organizations at once, then he will need to provide a certificate of non-use of parental leave from each workplace.