The most important person in the life of most people is mom. Poets dedicate verses and poems to mothers, architects erect monuments, singers record songs. The state also provides women with this status, providing them with various benefits. What rights does the mother have? How do they differ from those of single mothers and mothers of children with disabilities? Find out the answers to these questions.
Mother Rights in Russia
State support measures for mothers and their children are aimed at:
- the provision of assistance in the form of benefits;
- organization of social insurance and social compensation;
- additional social measures.
The federal law number 81- provides a one-time allowance (in 2014 the average size is ₽515) for women who were registered in the early period of bearing a baby. The amount of this allowance may vary depending on the availability of relevant regulations in the region.
If the family adopts a child, then she is also entitled to a lump sum payment. If the adoption of a disabled child occurs, the payment is ₽100,000.
Pregnant women and nursing mothers in some regions are provided grocery packages free of charge every month. This is done until the baby reaches the age of 6 months. Distribution of these food packages is carried out in women's clinics at the place of registration of women, in children's clinics and other health care facilities.
Maternal capital
The main benefit provided to mothers is maternal capital. This support measure is provided at birth (adoption) of the second child. Incentive program extended to 2021. The size of the capital has not changed since 2015. It still amounts to ₽429,408. Perhaps in 2019 there will be some changes, because from 2007 (the beginning of the program) and until 2014 inclusively, the amount of the allowance has been continuously increasing.
The peculiarity of mothercapital is that:
- the right to receive it is granted once;
- the term for applying to the Pension Fund of the Russian Federation for the implementation of capital after the birth of a second child is not limited in any way: if a third is born, and the maternity capital has not been used up, then you can safely submit an application for its implementation;
- he is not taxed on the income of individuals;
- a special certificate is provided for the sale of capital; if lost, you can get a duplicate of the document.
Funds for the capital are transferred only by bank transfer. Any cashing out of capital is illegal.
Single mothers
Unfortunately, in Russia, divorces are increasingly recorded. Even the presence of children does not save from the dissolution of the marriage. In most cases, the court takes the side of the mother and leaves the child with her. For this reason, there are many single mothers in the country. The state is trying to help them in various ways. Who can get the status of a single mother? What rights do people with this status have in the Russian Federation?
Who is assigned this status?
In labor law, the status of a single mother characterizes a girl or woman who is raising her child without the help of a father. In the social sphere, this status is interpreted differently: a single mother is a woman who is raising a child out of wedlock, whose paternity has not been established.
Therefore, the status of a single mother can be obtained by a woman who:
- one brings up a child;
- out of wedlock.
In this case, the father of the child is not installed (there is no corresponding court decision or document from the registry office).
Women who unsuccessfully married and divorced, whose husbands do not recognize paternity, or who consciously decided to raise a child alone, can not receive single mother status. Accordingly, they do not have the right to enjoy the benefits of this status.
The status is confirmed by the reference number 25, which is issued to the mother upon registration of the child. The kid gets her last name.
How to get this status?
Obtaining a single mother status is not difficult if you have the necessary documents. First of all, you need to get a certificate number 25 in the registry office, which contains information about the child / children and there is a dash in the column "Father".
Then you will have to fill out an application for status. The term for its consideration may not exceed 10 days. You can submit this document for consideration at any time.
As soon as the status of a single mother is confirmed, the girl will receive the appropriate certificate in her hands. This certificate can later be presented to employers as proof of status.
Documents required to become a single mother
What documents must be prepared in order to obtain this status?
- The original or a copy of an identity document.
- Application for status.
- Income statement.
- Certificate No. 25.
- A notarized copy of the work book.
- Help on the composition of the family.
- A document confirming the fact of cohabitation of a mother and her child (extract from the house book is enough).
This is a standard package of documents. In some regions, it may differ, supplemented by new papers, for example.
Statement
What is an application for a single mother status?
- Names of the authority where the application is submitted.
- F. I. O. mother and child.
- Addresses of registration and actual residence of mother and child.
- The basis for obtaining status.
- List of documents provided in addition to the application.
- Date and signature of the applicant.
This document is either written by hand on sheet A4, or filled in the format of a special form. The application can be submitted to the social protection authorities independently or resort to outside assistance (then it is necessary to present a notarized power of attorney).
A certificate of status issued as a result of the examination of documents allows single mothers to take advantage of benefits and receive state subsidies. It is important to note that the list of benefits and the amount of subsidies are individual for each case under consideration.
The certificate helps:
- receive material or social assistance from the employer when applying for a job;
- travel outside the country with a child;
- receive benefits when paying for housing and communal services and when enrolling a child in educational institutions such as kindergartens, schools or sections.
The benefits and rights of a single mother are discussed in more detail below.
Benefits of Single Mothers
State benefits aimed at supporting single mothers are economic and social in nature. For example, women can, on more favorable terms, purchase housing or repair existing housing.
Social protection authorities in some regions of the country even help pay single mothers housing and communal services if the latter receive too low wages.
The list of specific examples of material and social assistance is as follows:
- Providing newborns with free diapers and sets of clothes (this assistance lasts until the child is 3 years old).
- The right to free meals for children in educational institutions.
- Providing a preferential line for enrolling children in kindergartens and schools.
- The annual right to a free ticket to a health resort for a single mother and her child.
- The prohibition on the involvement of single mothers at night.
- The right of a single mother to extra leave without pay.
- Providing mom with a monthly allowance for a child, the size of which varies from ₽300 to ₽1,300 rubles.
- The right to receive an additional payment of 40% of the mother’s salary when the child reaches one and a half years.
- The right to receive free medicines and medicines from the list of drugs established by the Ministry of Finance.
- Prohibition of the denial of employment of a single mother.
Minor mothers
With the determination of the status of a minor mother, there are no such difficulties as with the status of a single mother. It's simple: if a girl gave birth before she reaches 18 years old, she is a minor mother. What are the rights of mothers under the age of majority?
The rights of a "minor" mother
The main right that a mother with this status has is to live with her child and raise him. If the mother is not 16 years old, then the baby is assigned a guardian who has the same rights as the parent. If a dispute arises between the guardian and the mother, it is resolved with the participation of the guardianship authorities.
A minor mother is not supposed to receive any special material benefits. True, if paternity is not established, then the girl can count on the status of a single mother and on all the benefits and rights that are granted to persons with this status.
The establishment of paternity should be described in more detail. If the mother is 14 years old, then she can determine the father of her child in court proceedings.
Mother of a disabled child
With the determination of the status of the mother of a disabled child, there are also no difficulties. Without further explanation, you can understand everything. Moms with this status have certain privileges and rights, which will be listed below. What are the rights of the mother of a child with a confirmed disability?
Benefits and rights of the mother of a disabled child
It is immediately worth noting that an unemployed able-bodied family member who cares for a disabled child (the mother may also be a family member) is paid 60% of the minimum wage level (hereinafter the minimum wage), which in December 2018 is ₽11 163. This payment is organized by the state agency that pays the social pension to the child.
In addition, the labor legislation of the Russian Federation obliges employers to provide employees (mothers, in particular) with extra days off if they have disabled children. This weekend is paid, and the costs to the employer are compensated by the Social Insurance Fund.
What else does the country provide to the mother of a disabled person, helping her raise and raise a child:
- Compensates for half the cost of housing in buildings belonging to the state fund.
- Reimburses half the amount of payment for utilities (it does not matter whether the property is owned or not).
- It returns half the cost of fuel used to heat a room in which there is no central heating.
This is the rights of the mother of a disabled child.
Maternal Rights
The child and mother are one of the closest people to each other, therefore the protection of their interests is usually considered in a complex, because often the interests of the mother and her child coincide. This is especially true in the first years of the birth of the baby, when his mother is his main interest, and the main concern of a conscientious mother is her baby.
The rights of mothers and their children are protected by law. In particular:
- Pregnancy and childbirth are the reason for the conclusion of an early (before marriageable age) marriage, so that the child as a result does not grow up without a father.
- The mother of the baby is recognized by the woman who gave birth to him. This is intended to protect surrogate mothers who had previously been implanted with an embryo for bearing.
- A surrogate mother has the right to leave the child to herself and register as his mother, however, if other persons (the family with whom the embryo was introduced) are already entered in the birth record book, it will not be possible to challenge motherhood: the parents will still be those whose data are entered in record book.
Articles of the Family Code of Russia protecting the rights of mothers, their husbands, and their children:
- Article 62. Protects the rights of minor parents.
- Article 63. Defines the rights of mother and father, as well as their responsibilities in the field of upbringing and education of children.
- Article 64. Defines the rights and obligations of parents in the field of protecting the rights and interests of their children.
- Article 66. Describes the process of exercising parental rights in the event that the parents live separately from the child.
- Article 68. Protection of the rights of parents.
- Article 80. Defines the responsibilities of mother and father in the maintenance and support of minor children.
- Article 86. Describes the participation of parents in the payment of additional costs for the maintenance of children.
It is possible to protect the interests of mothers with the help of bodies of social protection of the population or, if they cannot cope, uphold the correctness in court. In which case is it worth going to court? A lawsuit should be filed with this body if the employer violates any labor rights of the mothers that are laid by him by law. For example, the right to an extra weekend in certain cases for childcare.
Protection of interests is also required in other cases when the rights of a working mother are violated.
Conclusion
From the above it follows that the rights of mothers are inextricably linked with the interests of their children. It is worth starting from this fact when considering the rights and benefits that the state provides to different categories of mothers.
The benefits provided by the state to mothers who do not have serious life problems (adults, a full family, healthy children, etc.), for the most part, extend to the period of pregnancy of women.
When a child is born and reaches a certain age, social and material support ceases and families continue to live, relying solely on their strength and resources.
What rights can moms claim:
- Getting mothercapital at birth or adoption of a second child.
- Receiving a one-time payment at birth.
- Obtaining monthly grocery sets until the baby is 6 months old.
The special rights of a minor mother (for guardianship of children, for example) are relevant until the mother reaches the age of 18. For the rest, the SK rules on the content of parental rights, on the protection, deprivation or restriction of parental rights, on the selection of a child with an immediate threat to his life or health apply to her.
The privileges and special rights of mothers of children with disabilities, as well as single mothers, last much longer. In addition, the amount of benefits that they are entitled to from the state are very different from those that are paid to mothers with the previously described statuses. For example, the size of allocated amounts.
An example of benefits that mothers of children with disabilities can receive:
- Compensation of 50% of the cost of housing and utilities.
- Material assistance in the form of disability benefits.
- Extra weekend from employers for childcare.
- Guaranteed payment of 60% of the minimum wage.
An example of the benefits that single mothers receive:
- Benefits for enrolling a child in educational institutions.
- Material assistance from the state.
- The right to get a ticket to a health resort for mom and child.
The protection of the rights of the mother and her child is carried out by social protection bodies. You can also defend your interests in court. It is important to know what rights a mother has in order to see when they are being violated and to take appropriate measures to prevent violations.
Do not forget that the statutory rights of all people must be respected and always taken into account.