Application for payment of funeral benefits at the place of work: form and sample, registration rules

Reasons for refusal and what to do next?

In most cases, refusals to pay this social benefit occur due to the expiration of the period for receiving it - six months from the death of the pensioner. With this option of refusal, there is no point in trying to challenge it: everything is completely legal.

In addition, they may refuse for other reasons. For example:

• If the application document was completed incorrectly. For example: the applicant forgot to put the date of completion, wrote the last name and/or first name of the deceased with an error (or completely incorrect), etc.
• Not all required documents were provided, or they are in unacceptable condition - torn, worn, illegible, with extraneous writing, or laminated when this is not acceptable.
• The applicant is not a funeral director and is therefore not a legal person to receive this benefit.

However, in these cases, you can try to challenge the refusal received. To do this you need:

1. Find out the exact reason for the refusal. To do this, you must request an explanation. in writing. The response must be provided within one month.
2. Next, you need to file an application with law enforcement agencies, or immediately file a lawsuit. And if receiving benefits for the funeral of a pensioner is indeed legal, then the issue will be resolved in favor of the applicant, since all information will be strictly checked.

A consultation with a lawyer can help with this, who will explain everything and help with filing a claim in court to challenge the refusal. As a result, this will save a lot of time, because even if there is an unlawful refusal to a person who has every right to benefits, the issue can be resolved fairly quickly.

To receive a state benefit for the funeral of a pensioner, you must submit an application and documents to the Pension Fund of Russia on time - within six months from the date of death (read more about where payments are issued for the funeral of a pensioner here, and from this article you will learn how to apply and receive funeral benefits).

The application must be completed without errors and with a certain structure, and the collected package of documents must contain everything necessary and in the proper form. If you are denied benefits, you can try to challenge the refusal by finding out the exact reason for it and filing a lawsuit or filing an application with law enforcement agencies.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

When applying for a funeral benefit or financial assistance for a funeral, a citizen must submit an application with a corresponding request to the employer or to the service, the authorities involved in the payment of “funeral” funds.

We will tell you how to correctly fill out an application for a funeral, and give examples of forms to different authorities for receiving benefits - to social security, the Pension Fund, the Social Insurance Fund and to the employer.

The content of the article:

Is time off work required if a relative dies?

According to Article No. 128 of the Labor Code of Russia, the employer is obliged to provide his employee with leave in connection with the death and funeral of a relative. This legal act does not indicate which family members are included in this category. This introduces ambiguity into the provision of days off for the funeral of a loved one. You should refer to the Family Code.

According to Articles No. 2 and 14 of the RF IC, close relatives include the following categories of persons:

• grandparents;
• natural and adopted children;
• mom and dad, as well as adoptive parents;
• husband wife;
• brothers and sisters who have two or one of their parents in common (related only by mother or father);
• grandchildren and granddaughters.

According to the Labor Code, all employees are entitled to time off for a funeral, regardless of their position or length of service. The list of relatives in connection with whose death the employee is entitled to days off can be expanded by the management of the enterprise in local regulations. It should be borne in mind that the employer does not have the right to shorten the list given in the Family Code.

There are often situations when employees need time off due to the death of a loved one who is not their relative (for example, the funeral of a friend or acquaintance). The boss may accommodate his subordinate or refuse to grant him leave. But, as a rule, in such cases, the employer gives days off for burial and commemoration.

If management refuses to provide an employee with time off in connection with the funeral of a close relative, then this is considered an offense.

Such bosses face a fine. Its value is determined by the Code of Administrative Offenses of Russia, part one of Article No. 5.27. According to this regulatory document, an organization that violated an employee’s guarantees will be obliged to pay from 30,000 to 50,000 rubles, and an official – 1,000-5,000 rubles. fine

For repeated violations of rights, the sanctions will be higher. According to the second part of Article No. 5.27 of the Administrative Code, the enterprise will have to pay 50,000-70,000 rubles, and the official - 10,000-20,000 rubles. It is important for managers to be aware of this moment and not violate the rights of their employees.

If an employee’s relative died, who is not recognized by Russian law as a close relative, and the director of the company did not expand the list of these persons in local acts, then providing days off in connection with funerals and wakes is the right of the company’s management, but not its responsibility.

Rules for filling out a funeral application

An application for a funeral benefit today does not have a single unified form, so it can be written in any form - or according to a template. You can write it yourself, or use the form provided by the organization or authorities.

Expert opinion

Mikhailov Vyacheslav Georgievich

Legal consultant with 8 years of experience. Specialization: civil law. Member of the Bar Association.

It is important that the form meets the specified rules and standards in its structure and content, otherwise it will not be accepted for consideration.

Follow these rules when filling out a funeral application:

1. Visually divide the statement into 3 parts: introduction, content, conclusion.
2. The introduction should have a header. It should be placed on the right side of the sheet, in its upper part.
3. In the introduction, that is, in the “header,” the addressee is indicated - the name of the enterprise where the deceased worked (if he was officially employed), or the name of the company where you (the applicant) officially work. Enter your details there: full name, address, contact and passport details.
4. The content should include a request for payment of benefits, information about the deceased, family ties, or confirmation that it was you who handled the funeral and burial.
5. Finally, you must make a list of documents confirming the death of the person and other documents necessary to receive benefits, attached to the application.
6. Please sign and date it at the end.
7. The document can be drawn up by hand or printed on a computer. You can use an A4 sheet.

It is recommended to write the application in several copies , since the applicant keeps one version for himself, the other is transferred to the employer or to the service where the benefit is issued.

Important nuances

When taking time off to organize a funeral for a relative, there are several subtleties:

• In accordance with the Labor Code of the Russian Federation, the enterprise does not pay for rest days for funerals, but the employer, on its own initiative, can pay for these days. In this case, a separate act is drawn up.
• According to the law, time off is not provided for the funeral of a non-close relative, but the employer, on its own initiative, by creating an act, can issue a day off at the expense of the employee.
• The collective agreement may stipulate a different number of days off provided for the funeral of a relative. But the number of days should not be less than prescribed by law. That is, the collective agreement should not worsen the employee’s position.
• If an employee has unpaid overtime hours, he has the right to ask the employer to allow him to take time off to cover overtime. To do this, you need to write a statement indicating the date and hours of processing. In this case, there is no need to indicate a reason for absence.
• The law does not establish the number of vacations caused by the need to bury relatives. That is, you can take a vacation every time a tragic event occurs.

The burial of a close relative is mentally difficult, so employers always try to provide leave for the funeral.

Examples and application form for funeral to the employer, social security, Pension Fund and Social Insurance Fund

Let us give examples of how you can fill out an application for a funeral when you apply to various authorities and institutions to receive social benefits - or additional financial assistance for a funeral from the state.

Funeral application to employer

Here are several options for statements under different circumstances:

If your spouse has died, you can use this form:

In the event of the death of a brother or sister, draw up a document according to this example:

When a minor child has died, fill out funeral applications as follows:

If your father or mother has died, you can write a statement to the employer using the following example:

Application for burial to the Pension Fund of the Russian Federation

Example of a completed application:

In these applications, you can substitute your information, as well as information about the deceased.

Or you can contact the Pension Fund branch, and specialists there will draw up the document for you.

The main thing is to provide documents.

Application for funeral to social security

You can contact the social security authorities with the statement below.

Funeral application form:

Enter your data into it, as well as information about the deceased citizen, put your signature and date - and submit it to the authorities.

Application for burial to the FSS of the Russian Federation

In these examples of applications, you can enter all the information about the deceased, as well as about yourself as an applicant.

Then the document must be accepted and reviewed. If there are no errors, the payment will be credited to your bank account on the same day. We talked about other nuances of applying for funeral benefits in the previous article.

Let us remind you that the military registration and enlistment office can pay compensation for funerals, but only under certain circumstances and conditions. Contact the military registration and enlistment office to fill out an application; you won’t be able to write it yourself, as a certain form is required.

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Social assistance for funerals is allocated to the spouse, relatives, legal proxy or other person who is responsible for the funeral of the deceased.

Both the state and the employer of the deceased can provide such benefits. To purchase such assistance, you must correctly fill out an application with the relevant documents attached.

Where to apply and how to write an application

As has already become clear, regardless of who the deceased person was, the amount of benefits for the recipient will be the same. Or rather, it will be one for everyone within the territory of one region. The main thing is to correctly collect the package of necessary documents, submit them on time and submit them where necessary. And then in more detail about each of the stages of such an algorithm of actions.

Regarding the timing, documents must be submitted exclusively within the first six months after the date of death of the person. If the six-month period has already expired, then you will not be able to receive compensation. But here is the only loophole: if the last day is a day off, then the chance to receive money will be the next working day after the day off.

Regarding the authorities where documents must be submitted, it all depends on whether the person worked or not, whether he was a functioning individual entrepreneur or not, whether he was a pensioner, a military man, etc.

List of organizations and entities that must be contacted to receive funeral benefits in 2021:

• Employer. An application for funeral benefits is submitted if a loved one was employed and an employment contract was concluded with him;
• Pension Fund. An application for payment of a funeral benefit is submitted to this organization only if the person was a pensioner and received pensions through the Pension Fund. This organization is also contacted in the event of the death of an individual entrepreneur who at the time of death was not a payer of social fees, that is, was not a social insurance policyholder;
• Bodies of social protection of citizens of the Russian Federation. It is necessary to apply only if the deceased was neither an employee, nor a pensioner, nor an individual entrepreneur;
• FSS. An application for reimbursement of funeral benefits from the Social Insurance Fund is submitted only if the deceased subject is an insured and a payer of mandatory fees;
• To the Ministry of Defense of the Russian Federation through the military registration and enlistment office. Documents must be submitted to the military registration and enlistment office at the place of registration of the military or military pensioner.

Regardless of where the applicant will apply, he needs to collect the necessary package of documents and submit them to the authority that is required.

Package of required documents:

• A copy of the applicant's passport;
• The original certificate and its copy about the death of a person, which must be obtained from the registry office;
• Documents confirming the costs of funeral services (not always required, since many seek help even before the funeral);
• Documents showing that the person was either officially employed or unemployed on the date of death.

This list of documents does not include one of the most important documents - an application. A sample application for funeral benefits can be downloaded here. In principle, such a document can be written in any form; the main thing in such a statement is to provide the following information:

• In whose name the application is written. You can only indicate the name of the body where the applicant applies for payment, or you can indicate the full name of the manager;
• From whom is it written and who is this person related to the person who died;
• The text of the application itself, where it is necessary to indicate in any form a request to pay social benefits for burial in connection with the death of a specific person;
• Date and signature of the applicant;
• List of documents that are attached to the application with their listing.

A sample application for payment of funeral benefits is presented for those who submit documents to the employer.

Upon submission of such documents, the entire amount of funds must be issued in full on the day of application.

A sample application can be downloaded from the link below:

Application for burial

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Law

The provision of assistance for burial is regulated by Law No. 8-FZ of January 12, 1996 “On burial ...”. This assistance is allocated to a person who has incurred expenses for organizing a funeral. This person may be the spouse of the deceased, his relative, a proxy of the deceased, as well as any citizen (Clause 1, Article 10 of Law No. 8-FZ).

To purchase such a benefit, you need to contact your employer or the local branch of the Social Insurance Fund (paragraph 3, paragraph 2, article 10 of Law No. 8-FZ), depending on whether the person works or not.

You can contact the head of the institution:

• Any person who bears the burden of funeral in the event of an employee’s departure to the “other world.”
• An employee upon the death of a member of his family.

The allocation of benefits is assigned based on the provision of documents:

1. Applications for funeral assistance (form or sample can be downloaded below).
2. Certificate from the Civil Registry Office (original) about death (form No. 33, approved by Government Decision No. 1274 of October 31, 1998).
3. Photocopies of the applicant's passport or other identification.

Note. Other documents, including certificates indicating funeral expenses, are not required to be presented (FSS Letter).

It is recommended to learn more about the burial by watching the video

Expert opinion

Mikhailov Vyacheslav Georgievich

Legal consultant with 8 years of experience. Specialization: civil law. Member of the Bar Association.

( Video : “Documents for Social Benefits for Funeral”)

Time off on the occasion of the death of close relatives is paid or arranged at your own expense

An application for leave upon the death of a close relative serves as the basis for issuing an order for leave without pay. Issue the order on the State Statistics Service form T-6 or in a form developed independently by the company’s personnel officer or accountant, taking into account the requirements for the details established by law (clause 2 of Article 9 of the Law “On Accounting” dated December 6, 2011 No. 402-FZ). Introduce the order to the employee against signature.

Read about the procedure for filling out the State Statistics Service form T-6 here.

Since time off for a funeral is unpaid, the accountant does not draw up a note calculating the provision of leave.

In the time sheet, the accountant indicates the code:

• “OZ” or 17 - if time off is provided for the funeral of a family member in accordance with the Labor Code of the Russian Federation;
• “BEFORE” or 16 - if the manager allows time off due to the death of non-close relatives.

Read more about the procedure for maintaining timesheets in the material “Unified Form No. T-13 - Form and Sample.”

There is no need to include time off for funerals in your vacation schedule. But in the T-2 card or a similar form developed by the company’s human resources department/accounting department, information about leave at one’s own expense is recorded.

ConsultantPlus experts answered a number of questions about granting retroactive leave.

Find out an expert opinion on the employer's actions in such a situation by getting trial access to the system for free.

Funeral benefit application form

There is no unified application template for compensation for funeral expenses. Therefore, such a form is drawn up in a free style, in compliance with the rules for drawing up such documents.

Such a request must be made on a blank sheet of A4 paper.

The application must be in a form containing the following structure:

1) “Hat” where you need to fill out:

• Details of the head of the enterprise, indicating his position, name of the enterprise and full name.
• Applicant details, indicating full name

2) The name of the form “Application”, which is located at.

3) The main section of the text, which sets out the request for the allocation of benefits, displaying the full name. the deceased, and the presence of a family connection (if any).

4) “Appendix”, where you need to list the certificates attached to the petition form confirming the person’s death, family ties and death certificate, which are the basis for the allocation of benefits.

5) The final part, where it is required to put the date of submission of the form and the signature of the applicant.

6) If the applicant wishes to receive benefits by transferring funds, then the applicant’s bank details will need to be displayed. At the same time, the benefit for organizing a funeral is paid on the day the petition is submitted (paragraph 1, paragraph 2, article 10 of Law No. 8-FZ, Government Decision No. 74 of January 26, 2018).

Note. Compensation for funeral expenses can be purchased if the application is submitted no later than six months from the date of death (Clause 3, Article 10 of Law No. 8-FZ).

Governmental support

Upon the death of a relative, a person is also provided with state financial support. Social benefits are paid to the person who took responsibility for the funeral. You can receive funds through your employer or social security authorities. Social benefits are not taxed. Insurance premiums are also not deducted from them. To receive funds, you must contact your employer with an application within 6 months from the date of death.

Taxation

Financial assistance to an employee will not be subject to income tax. This rule is established by paragraph 8 of Article 217 of the Tax Code of the Russian Federation. However, this only applies to the death of close relatives: children, parents, spouses. In all other cases, income tax is not paid only if the deceased relative lived in the same apartment as the employee.

Insurance premiums are also not deducted from financial assistance. This is stipulated by Federal Law No. 212 dated July 24, 2009. Again, this only applies to deaths of spouses, children and parents. If, for example, a grandmother dies, it is recommended to pay insurance premiums.

Funeral benefit amount

Law No. 8-FZ on burial establishes a fixed amount of social state support. In Art. 10 of this document provides for the annual indexation of benefits for the next year, which is carried out on February 1, taking into account the expected level of inflation.

The amount of state support for burial in 2021 after indexing is 6,124.86 rubles. The payment is issued after submitting an application and documents proving the burial.

In regions with increasing coefficients, the amount of assistance for funerals is adjusted taking into account the approved coefficients.

In a number of regions of the Russian Federation, local authorities provide additional financial assistance in connection with the death of a loved one.

According to the law, relatives can apply for funeral assistance no later than six months from the date of death of a person.

The institution where the applicant applies for support is obliged to pay the funds on the day the application is submitted. When transferring funds, the money must be credited within 3 banking days. If the established deadlines are violated, you can send a complaint to the regulatory authorities.

Note. When organizing a burial at the expense of the municipal funeral service, the applicant loses the right to assist in burial.

Material support

The law does not oblige companies to financially support an employee in the event of death. However, in practice, employees usually receive these payments. The need to provide material support must be stipulated in internal agreements. Let's consider the procedure for providing assistance:

1. Receipt of an application from an employee with a corresponding request.
2. Providing documents confirming relationship with the employee.
3. Receipt of funds by the employee within the specified time frame. As a rule, this is 2 weeks from the date of death of a relative.

An employee can receive financial assistance along with his salary.

Application example

General Director of Prodvizhenie LLC I.V. Sidorov, promotion department manager A. S. Krylova

statement.

I ask you to provide me with financial assistance in connection with the death of my mother I.V. Krylova. I am attaching to my application a birth certificate confirming my relationship.

20.07.2017

A. S. Krylova

Who is eligible

The following categories of citizens are entitled to receive social state support for burial:

1. The spouse of the deceased person.
2. Other relatives (children, parents, sisters and brothers).
3. Persons not related to the deceased person.

The main condition for receiving financial assistance for a funeral is direct participation in the organization of the funeral and its expenses.

Note. An outsider (neighbor, etc.) becomes entitled to receive such benefits only when the deceased has no relatives and a death certificate is presented.

Where to fill out the application

Clause 2 Art. 10 of Law No. 8-FZ on burial delineates the institutions where the applicant is required to submit an application for assistance, depending on the category of the deceased:

1. At the place of work.
2. At the Pension Fund branch.
3. At the local FSS branch.
4. At your local social security office.
5. At the military registration and enlistment office.

An application for funeral benefits is filled out accordingly in those departments where the applicant applies to bear funeral expenses:

• As a rule, employees of an institution contact their place of work if a relative or loved one has died, or an employee of the enterprise has died.
• In a pension fund - if a funeral of a pensioner is organized.
• In the social security department, if the deceased is a minor, homeless, etc.
• At the military registration and enlistment office - if the deceased was a military serviceman performing his duty.

If the employer bears the costs associated with the funeral of an employee, this includes:

• Preparation of documents for burial.
• Preparing the necessary property needed for the funeral.
• Delivery of the body of the deceased.
• Carrying out the burial process (cremation).

Services must be paid for by the employer no later than 10 days from the date of burial.

How to write an application for payment of social benefits for funerals in 2021

There is no approved form for such a request, so the request is drawn up in a free style. In addition, there is a special form, but it is provided in the case when documents are submitted directly to the Social Insurance Fund. In this option, an application is drawn up on the basis of Appendix No. 6 to Order No. 578.

Despite the free style of drawing up the application, the following sections must be displayed in the form:

"A cap"

• This contains the details of the addressee and the applicant, indicating the position of the head and the name of the institution, as well as full name.
• Then your full name is displayed. applicant.
• Below is the name of the form, which should be placed in the center of the line.

Main section

• Here is the request of the author of the letter for financial assistance for the burial of a relative.
• This section contains information about the deceased, family ties between him and the document submitter, etc.

Application

• The block contains a list of provided certificates and documents.

The final part of the form

• The date of the application and the signature of the applicant are indicated here.

It is advisable for the relative to make two copies of the application. One is for the addressee, the other with a registration mark is for the applicant.

Answers to common questions

Question No. 1 : Do I need to include the payment amount in the application for financial assistance?

Answer : Not necessarily. Even if the amount is indicated in the application, the manager, by signing the application, makes a decision on the amount to be paid.

Question No. 2 : The organization does not reflect payments in the form of financial assistance in any local act. How can you arrange for payment of financial assistance upon the death of a close relative in this situation?

Answer : The employee collects the following documents: a copy of the death certificate, a copy of the birth or marriage certificate to prove that the deceased is a relative and, based on these documents, an application is written asking for such a payment.
The manager reviews the application and makes a decision directly on the possibility of payment and its amount and is issued an order. Evaluate the quality of the article. Your opinion is important to us:

Sample application for payment of funeral benefits

Sample of Appendix No. 6 to Order No. 578 for reimbursement of funeral funds.

and sample

• Funeral benefit application form, doc
• Sample, doc

Normative base

Federal Law No. 8-FZ of January 12, 1996 “On burial and funeral business”
The state, as a measure of social support, establishes the right to compensation for money spent on funerals. In practice, only part of the funds is reimbursed, calculated on the basis of the cost of a standard list of services. To apply for benefits, you must submit an application for payment of social benefits for funerals to your employer, the social security authority, the Pension Fund, or the Social Insurance Fund. If the citizen was officially employed, the application is submitted to the employer, and payment is made on the same day.

Instructions: how to organize a funeral according to the law (who, how and how much) and what you can get from the state.

How long does it take to process an application?

Application for the purchase of social media support in connection with the funeral must be satisfied on the day of its submission. The money must be given to the applicant immediately after receiving a positive result.

For non-cash transfers, the money must arrive no later than 3 days, depending on the bank’s workload.

A person who has incurred funeral expenses can apply for a funeral benefit no later than six months after the person’s death.

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In a person's life, sometimes such a sad event occurs as the death of a relative. This situation requires financial expenses to organize a funeral. Most often, this event falls on the shoulders of loved ones who lived together with the deceased citizen or were guardians.

At such a moment, the financial situation of family members does not always allow them to quickly cover the costs associated with the burial procedure. The state anticipates the occurrence of difficult life situations and offers free financial assistance when applicants contact government agencies.

The procedure for filing an application for financial assistance in connection with the death of a relative

Having collected documents confirming the right to receive financial assistance, the employee must write an application for such payment. Each organization develops its own template for writing such a statement. The application, given that each organization has its own requirements, must reflect the following basic information:

• In the back right corner: position of the manager, name of the organization, full name of the head (in the dative case), position, structural unit and full name of the employee applying for financial assistance (in the genitive case)
• Centered: document name – statement
• The text of the application is written on the red line, which reflects the request for financial assistance and the reason for the request (in connection with the death of a relative), indicate the degree of relationship and the full name of the deceased
• The basis for receiving financial assistance is written: copies of documents confirming the fact of death of a relative and the fact of relationship
• Date, signature and transcript are added

The application is transferred to the responsible employee, who, having registered it in the incoming documentation, passes it on to the manager for consideration. If the decision is positive, the responsible person signs the application and indicates the amount of payment.

Based on the documents provided, an order is formed, which is the basis for the employee to receive financial assistance.

When submitting an application to the trade union committee of the organization, a similar application is written, but addressed to the chairman of the trade union organization and the full name of the chairman is indicated.

Example of an application for financial assistance in connection with the death of a relative

Moreover, when calculating one-time financial assistance (regardless of its size) in connection with the death of a relative, this payment is not subject to personal income tax (Article 217 Income not subject to taxation (exempt from taxation) of the Tax Code of the Russian Federation). But financial assistance does not reduce the tax base for the purpose of taxation for corporate income tax.

Who can receive a funeral payment?

The financing of a person's funeral is regulated by the regulatory framework, which is approved by law number 8, in force at the federal level since January 12, 1996. It determines the circle of persons who have legal grounds for applying for benefits to pay for funeral services, clothing, shoes, and other ritual attributes necessary for the burial of a citizen, as well as the amount of payment, the mechanism for applying to a government agency and receiving it.

IMPORTANT! The provision of funds is only part of the compensation for the expenses of loved ones who are organizing their final farewell: the entire amount spent on ritual events is not returned to the applicant.

According to paragraph 1 of Article 10 of the law, which provides for support measures in the event of organizing a funeral process, the following are grounds for receiving benefits:

• husband or wife of the deceased;
• close relatives (in accordance with the Civil Code, these include children, parents, sisters and brothers, grandparents, grandchildren and granddaughters);
• other people who have family ties with the deceased person, in the absence of relatives;
• legal representatives (if the citizen had guardians, trustees, adoptive parents);
• other persons who do not have family ties, but have taken responsibility for implementing activities related to seeing off their last journey.

Taking into account this norm, not only citizens who were relatives of the deceased person have the opportunity to apply for benefits. When drawing up an application for payment of social benefits for funerals, in this case it will be necessary to confirm the expenditure portion of the funds.

There is a circle of people in the event of whose death the state transfers money as assistance in financing funeral arrangements. They are:

• minor children;
• pensioners;
• citizens who were officially employed during their lifetime;
• people who have not previously had a job;
• children who were stillborn.

It is necessary to understand that this procedure can only be implemented on an application basis, when filling out an application for payment of a funeral benefit.

Expert opinion

Mikhailov Vyacheslav Georgievich

Legal consultant with 8 years of experience. Specialization: civil law. Member of the Bar Association.

The state has social guarantees in providing funds as compensation payments from the federal budget when the following situations arise:

• the deceased person has no relatives, another person assumes responsibility for expenses;
• the citizen was in the service of law enforcement agencies and died in the performance of his official duties;
• the prisoner served his sentence in a penitentiary institution, but received a sentence that included the death penalty;
• a person died as a result of a terrorist attack.

In these cases, the state assumes responsibility for providing funeral arrangements; money is allocated from the budgets of federal departments and the Ministry of Justice.

Grounds for declaring a citizen dead

To declare a citizen dead, it is necessary that there is no information about him at his place of residence for more than five years. If a citizen disappeared under life-threatening circumstances, or there is reason to believe that he died from a certain accident, then the application can be submitted six months after the incident.

The absence of information at the place of residence means that the citizen did not perform any legally significant actions at that time (did not apply to government agencies, did not register or deregister, did not receive any documents). In addition, at this time, no one should see the citizen at his place of residence. Usually, for convenience, the period is calculated from the date of application to the internal affairs bodies with a search statement.

Life-threatening circumstances mean situations where it is obvious that a person is most likely dead, but his body has not been found. Such cases include earthquakes, landslides, mountain collapses, shipwrecks, plane crashes and similar situations that really threaten death.

Where to apply for financial assistance

The assignment of benefits is carried out by the departments responsible for accompanying people of one or another category. According to paragraph 2 of Article 10 of the law, number 8, there is a list of institutions that you must contact if you want to reimburse part of the costs. These include:

• Pension fund, if at the time of death the citizen was a pensioner not employed, or he was engaged in activities that do not involve the deduction of tax payments (notary, lawyer, entrepreneur), was a member of indigenous peoples living in the North;
• at the place of work, when an employment contract was concluded between him and the employer or the deceased is a child whose parent is engaged in professional activities at the enterprise;
• Social Insurance Fund, if the deceased was an insured or a minor whose parent is registered as an insured has died;
• social protection authorities in cases of stillbirth at a period of 154 days from the start of pregnancy, or if the citizen had unemployed status or has not reached retirement age;
• military registration and enlistment offices, when the deceased was a military serviceman, was called up for military training, was one of the persons employed in the fire service, police department, customs, criminal-executive inspection, had the status of a veteran, war participant or home front worker.

These institutions are competent to review the package of documents upon application and assign payment.

Labor Code: leave upon death of a close relative

Death is always unexpected. The legislation of the Russian Federation provides for the opportunity for family members to organize the funeral of the deceased and experience grief by taking a temporary break from work. Based on Art. 128 of the Labor Code of the Russian Federation, an employee has the right to unpaid leave in connection with the death of a close relative. Time off for a funeral according to the Labor Code can last up to 5 calendar days inclusive.

Read more about other unscheduled unpaid leaves that an employee can use in this material.

As you may have noticed, in Art. 128 of the Labor Code of the Russian Federation refers specifically to close relatives. Who belongs to them?

The Labor Code does not clearly define the concept of “close relative”. In this matter, you should refer to another code - the Family Code. In Art. 14 of the RF IC provides a list of close relatives:

• parents;
• children;
• Grandmothers and grandfathers;
• grandchildren;
• siblings who have one or both common parents.

If an employee from this list dies, the employer cannot deny a subordinate leave due to the death of a relative.

IMPORTANT! Adopted family members and adoptive parents in the list of close relatives from Art. 14 RF IC no. They are subject to another norm of legislation - the adoption procedure leads to the fact that adopted children lose both their rights and obligations in relation to relatives by blood, and the family and relatives of the adoptive parents and the adopted children themselves are equated to blood relatives (Article 137 of the RF IC) . Thus, if one of the participants in the adoption procedure has died, then the other party also has the right to receive leave to attend the funeral of a close relative.

Find out whether an employer can refuse to provide leave due to the death of a stepfather in the material from ConsultantPlus. Get trial access to the system and read the answer from a K+ expert for free.

Legislative acts of the Russian Federation do not contain restrictions on the frequency of management granting leave for a funeral: if a worker in the current calendar year suffered a loss more than once, but several times, the employer gives time off in each case.