Is it possible to return the maternity capital? How to return the maternity capital to the pension fund How to return the maternity capital to the pension fund.

Due to the absence in the law of a normal procedure for the return of mother capital, you have to act at your own peril and risk. We have selected all the options for action proposed in this article taking into account the existing judicial practice. In a disputable situation, we recommend that you additionally study the jurisprudence in your region and consult with a lawyer. Also, be sure to contact your FIU branch and specify the procedure for your actions there. Perhaps the FIU has already faced a similar situation and knows how to act.

Is it possible to return maternity capital back to the Pension Fund

2 Case. Sale of housing in which the FIU funds were spent. Parents should invest in other properties as soon as possible. In this case, their own share should be registered for children. A similar situation often arises when parents get divorced and begin to divide property.

How maternity capital invested in a mortgage is divided in case of divorce

The provisions of family legislation determine that upon dissolution of the marriage union, the couple divides not only the objects of movable property and real estate, but also monetary payments. An exception to the general rule is a targeted government subsidy or allowance.

Mortgage with maternity capital and divorce: how it is divided, problems and their solution

Good day! My husband and I (this is my second marriage) bought an apartment using a mat. capital. We got a loan for two, but my husband is the main borrower. I am still on parental leave and have not returned to work. Because the loan was issued for two, then the apartment was issued for two. The notary gave us two obligations for my husband and me. The husband has two children from his first marriage, according to the obligation as it is written there, he must "register the property in the common property of mine, my spouse and children (including the first, second, third and subsequent children) with the determination of the size of the shares by agreement." Does this mean that he should allocate shares to his children from his first marriage? After all, they have nothing to do with it. It was on our joint child that we received a checkmate. capital. This is my second child, from my first marriage I have a daughter. I have not yet submitted my documents to the Pension Fund. Maybe the commitment needs to be redone?

Mortgages and maternity capital: is there - a hole - in the law

The essence of the problem is as follows. There is a clause in the law governing the procedure for allocating maternity capital that obliges parents to register an apartment in common shared ownership and include children in the number of owners. But in fact, it is impossible to immediately fulfill this norm. Few banks will give a mortgage loan if there are minor children among the owners.

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Return of maternity capital

Please tell me is it possible to return the maternity capital? The situation is this: a one-room apartment was bought using maternity capital. Designed, as expected, for all family members (parents have 1/10 shares, two children have 4/10 shares). The whole family is registered and lives in a private house (house 150 sq. M.). The ownership of the house is registered only to the father. No one is registered in the apartment and does not live. Is it possible to give children a share in the ownership of a house, sell an apartment and return the maternity capital to the pension fund, and then use it to educate children?

An excellent opportunity to give birth to children and purchase housing: repayment of the mortgage by the maternity capital

valid certificate;
the dwelling is located on the territory of the Russian Federation;
the loan agreement must contain the phrase "mortgage agreement" - the PFR will not send a subsidy for a consumer loan;
the subsidy has not yet been spent;
a loyal bank (not all of them agree to work with the parent capital, and the number of those who agree has now decreased);
good credit history;
availability of official work;
lack of other housing.

Mortgage in case of divorce from children: the fate of maternity capital

Regardless of who helped to pay off the debt, in case of a divorce and a mortgage with the parent capital, property and debt obligations are divided equally. Even if the husband did not contribute even 10% of the cost of the apartment, half of the price will have to be paid to him when dividing the property.

Is it possible to return maternity capital

Note that it is possible to return the maternity capital if, for example, the funds were originally directed to the formation of the funded part of the pension. The fact is that citizens can refuse to spend this capital if they later decide to use the money in some other way.

Is it possible to return maternity capital funds after the bank sells an apartment purchased on a mortgage

When you bought a three-room apartment, the children must have been registered there. Because when selling the first one-room apartment (part of the money was paid by the maternity capital and there must have been a child's share). And when selling the first apartment, the guardianship and guardianship authorities make sure that the child subsequently receives a share in the housing - therefore, a three-room apartment should also have a share of the child. But further, when the bank was selling such mortgage housing, there should have been a MANDATORY consent of the guardianship and trusteeship authorities for the sale of an apartment. If the child had a share in a three-room apartment, and the bank sold this apartment without the consent of the guardianship authorities, then you can try to go to court with the recognition of the transaction invalid.

How to divide a mortgage apartment in case of divorce from maternity capital

Please note: As noted in the review of the judicial practice of the Supreme Court of June 22, 2020 (paragraph 13), shares on housing purchased with the help of MK can be recognized as equal only based on the amount of payment of state support funds, and not the entire cost of housing as a whole. If the cost of housing significantly exceeds the amount of maternity capital funds, then an equal distribution of shares may not be established even by a court decision. And the cost of housing, as a rule, always exceeds the MK amount, since the target payment under the state support program is 453,026 rubles as of June 1, 2020, which is clearly not enough to buy an apartment or house not only in a large city, but also in the provinces. For clarifications from the Supreme Court, see the document below.

Questions to the lawyer

I have a maternity certificate, I want to use it to buy a home, my second child is already 3 years old. I found an apartment for purchase, but it is not the owner who sells it, but a proxy by power of attorney. He (a confidant) proposes to conclude a sale and purchase agreement with the following condition - the money is transferred not to the seller, but to his (trustee) account, while he showed me a power of attorney from the seller, there is a clause that he can sell housing on his own terms and get paid for it. I am afraid that the pension fund for some reason may refuse to transfer money, and I will be left with an unpaid contract. Yes, in this case, the contract of sale includes a clause on the payment of a fine or forfeit if the money is not transferred.

How to properly repay the mortgage by the parent capital in 2020 and the reasons why they may refuse to transfer money to the bank

Depending on the current status of the real estate object that the bank lends, and you are obliged to pay regularly, you may need copies of the certificate of registration of ownership in public authorities, the purchase and sale agreement, the agreement on equity participation in the construction of the real estate object. If you do not have them on hand, ask the bank for the necessary copies.

How the mortgage is shared with the parent capital in case of divorce

within the framework of the divorce proceedings in court, to raise the issue of the division between the former spouses of the mortgage loan due to the divorce, it will be necessary to draw up a new payment schedule based on a mutual decision to pay off obligations;
apply to the banking organization where the mortgage was issued, with an application for the provision of two loan products to both spouses in order to repay the mortgage, in a total amount equal to the balance of the debt: as a result, the mortgage loan will be repaid, and both spouses will be equally liable in the event of default on obligations;
continue the procedure for paying off the mortgage debt by agreement of both parties, without raising the issue of dividing housing.

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Maternity capital is an essential help for families with children. Many people want to receive additional funds from the state for various purposes. But in some life situations, parents are interested in whether it is possible to return the maternity capital. Let's consider why there is a need to make a return and what is needed for this.

Maternity capital: concept and features

Matkapital is a method of state support provided to families who have given birth or adopted a second, third and each subsequent child.

This program has been in effect since January 1, 2007, thanks to which many citizens have the opportunity to improve their living standards. The demographic indicators in the country have also increased.

From 01.01.20, parents with one child also have the right to receive capital.

In accordance with the law, you can spend the certificate on:

social adaptation of disabled children;

Legislation

The program for the issuance of certificates for maternity capital was introduced by the Federal Law of December 29, 2006 No. 256-FZ "On additional measures of state support for families with children." This regulatory legal act provides for the conditions for obtaining material resources, as well as the duration of the program. As of today, it has been extended until 2026.

Certain issues in this area are regulated by bylaws: decrees of the Government of the Russian Federation and orders of relevant ministries (the Ministry of Health and Social Development and the Ministry of Labor).

When considering cases on the return of maternity capital funds in court, the court often uses the "Review of judicial practice in cases related to the exercise of the right to maternal (family) capital", approved by the Presidium of the Supreme Court of the Russian Federation on 22.06.2016.

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Cases in which you need to return the mother capital

Sometimes, for a number of reasons, citizens cannot use the received certificate to meet the purposes for which it was supposed to be spent. Then the question arises whether it is possible to return the maternity capital to the state and what to do with it next.

Most often this applies to cases when assistance from the state was issued to improve housing conditions as an initial payment for an apartment or funds to pay off a loan. However, for some reason, the house is not leased out on time, and the family refuses to participate in the shared construction. Upon termination of the contract, in this case, the mother capital is subject to return.

The main difficulty in this case is that the law does not provide for a refund procedure at all. The official website of the Pension Fund draws the attention of citizens to the fact that maternity (family) capital assistance is provided only once. In addition, the person undertakes to use the money for its intended purpose, from which it follows that they cannot not be returned.

When selling an apartment purchased with the help of the mother capital, you will also have to return the money investment.

Ways to return the capital to the Pension Fund

Due to the lack of clear legal provisions, there are several options for refunds. The simplest case is when 2 months have not passed since the application was submitted, and the Pension Fund did not manage to transfer the money.

Those who are concerned about how to get the maternity capital back in this situation, submit an application to cancel the application for the disposal of maternity capital funds. It should be borne in mind that in case of repayment of debt or interest on loans, such an application can be submitted only within a month.

If the money was intended for the formation of the mother's funded pension, then the documents will be accepted until the day of the appointment of the pension.

The return of maternity capital to the Pension Fund is provided in case of termination of the contract with the developer or seller of the apartment. The latter can return the entire amount to the failed buyer, and he, in turn, transfer the funds of the capital to the Pension Fund. In the contract, you can prescribe that in the event of a breakdown of the transaction, the seller will independently return the money issued under the maternity capital to the Pension Fund.

Many are also interested in whether it is possible to return the maternity capital from the mortgage. In accordance with the legislation, this is not provided without the consent of the bank.

Is it allowed to use the mother capital after its return

It is allowed to use the capital after its return if the funds for the stated purposes were not realized for the first time. True, due to the lack of legislation governing the return procedure, in order to exercise this right, you have to go to court.

If the Pension Fund did not manage to transfer the funds and you are applying for cancellation, you can immediately submit a new application for the use of the mother capital for other purposes.

Responsibility for non-return of mother capital

If you do not return the maternity capital to the Pension Fund, when necessary, be prepared for the Pension Fund or the local prosecutor's office to sue.

The recipient will have to prove in court that the funds were spent for their intended purpose, otherwise they will be collected forcibly.

You can accept all claims and return the money voluntarily. If it is not possible to do this right away, it is worth asking the court for an adjournment for the execution of the decision.

conclusions

According to the legislation, the capital is issued to a person only once. Sometimes circumstances arise due to which it is necessary to return the funds received: the sale of the purchased property, termination of the contract, and more. In this case, it is better to return the money voluntarily in order to avoid litigation and enforced collection of funds.

Lawyer. Member of the St. Petersburg Bar Association. Work experience over 10 years. Graduated from St. Petersburg State University. I specialize in the field of civil, family, housing, land law.

All women who have become the mother of a second child or more can apply for maternity capital, but not all of them manage to properly dispose of them. Sometimes, after the issuance of funds, the situation changes, and new information is revealed about the sale of an apartment, due to which it becomes necessary to return the maternity capital.

When do you need to return maternity capital?

The refund of money issued to ensure the living conditions of the child and his education can occur voluntarily or compulsorily by a court decision. A voluntary return of financial assistance from the state is required if the transaction concluded by the parents (for example, for the purchase of real estate) fails, or there are signs of bad faith on one of the parties, so the purchase must be canceled.

There are other reasons for refusing money, but it is the unfair sale of an apartment that most often forces recipients to refuse funds. This happens if the Pension Fund has approved an application to send maternity capital for needs. The money was paid as a first installment for a new building, but the construction is frozen or the delivery of the house is postponed, so the parents decide to terminate the concluded contract.

What is the difficulty of returning maternity capital?

The law, which gives prospects for obtaining maternity capital, does not at all regulate the possibility of returning the issued funds back. Federal legislation stipulates that the parents' right to maternity capital is accompanied by the obligation to use it to achieve the goals set by the state and is granted once. Judicial practice shows that not everyone succeeds in deciding on the use of this amount the first time.

To return the maternity capital funds, it is worth getting detailed instructions from the Pension Fund itself, discussing the procedure with an experienced lawyer and studying similar court cases in your region.

The only legal opportunity to return the money that has not yet been spent is to refuse to receive it in the period between the approval of the issue and the transfer of money to the specified bank account. In essence, this is a withdrawal of your application before the moment of its execution by the FIU.

What are the ways to return to the FIU?

The maternity capital return mechanism must be launched within 2 months from the date of registration of the application for issuing money. For example, if you want to buy an apartment in a new building at the excavation stage, made an application for a mortgage, requested funds and received approval to use the capital, but at about the same moment you learned that your apartment had already been sold to 3 more clients, or the construction company went bankrupt and will not be able to finish building the house. As soon as possible, you should apply for cancellation of the previous application for obtaining MSCs.

It is also allowed to cancel a request to repay a home loan, but this operation is given only 1 month. Another application with a request for the issuance of a mother capital is available at any convenient time. The Order of the Ministry of Health and Social Development No. 779n of December 26, 2008 provides for the procedure for voluntary cancellation of applications received in the application rules.

A woman can add maternity capital to her future pension. Until the time comes for the appointment of pension payments, it is allowed to refuse it on legal grounds. The process of withdrawing funds is quite simple - it is enough to submit an application for refusal to the same authority where the request for issuing money was submitted.

More often you have to confirm your refusal from the mother capital through the courts. Depending on the specific situation, there are 2 possible scenarios for the development of events:

The maternity capital is transferred back to the Pension Fund by the unscrupulous seller or the developer of the apartment after the termination of the contract. You will probably have to go to court to get the opportunity to reuse MSCs.
The seller or the builder of the real estate returned the capital to the account, and these funds should be re-invested as soon as possible on the purchase of housing or a mortgage, where the share of the child for whom the money will be allocated will be determined. It is extremely important to preserve all documents on completed transactions, even invalid ones, in order to be able to defend your position in court in the future.

Is it possible to use it again after the return of maternity capital?

The parent capital is allowed to be disposed of again. The Pension Fund sometimes refuses to issue the returned money, then it is necessary to seek them again in court.

You can prove your right by submitting documents containing confirmation that you have returned the funds for objective reasons and plan to use them, while observing the rule of targeted spending of funds.

In judicial practice, there are examples when the re-issuance of maternity capital, if it was returned due to the revocation of the transaction or the recognition of the sale or purchase of real estate as illegal, is denied. Subsequently, the plaintiffs filed an application with the court and received the right to reuse these funds. It is important to remember that only an unauthorized refusal that does not have serious reasons is unacceptable, and in all other cases it is quite possible to achieve compliance with legal rights.

What will happen if you do not return the maternity capital?

The state has the right to check the targeted spending of the allocated funds, and if violations of the law are found, the allocated amount will be forcibly withdrawn. As a rule, such a withdrawal takes place in court. The reason for this may be:

If it turns out that their legal share of real estate is not registered for the children, the employees of the Pension Fund do not immediately apply to the court for the return of the allocated funds, but first send the parents an order with the requirement to correct the violation. If the demand is ignored, the case goes to court.

The court may decide that the money must be withdrawn if the purchased housing does not improve living conditions. For example, the area of the purchased apartment has not increased, the purchased house is located in a remote village, where there is no kindergarten, school, or work for the parents, or the quality of the acquired housing is found to be unsatisfactory, and the house is in disrepair.

If the court made a decision on the compulsory refund of money, and it is not possible to fulfill this requirement, then you can ask for payment by installments. According to a court decision, it is proposed to transfer funds to the Pension Fund voluntarily, and in the future, re-come to the Pension Fund with an application for the provision of funds previously unused MSC.

How to get maternity capital in the Pension Fund, probably, almost all happy parents know. Today we will consider an unusual situation when maternity capital already received from the state has to be returned back. How to correctly return the maternity capital to the Pension Fund - tells the lawyer of the site "".

When do you need to return the maternity capital?

In all cases when, after the transfer of the maternity capital from the Pension Fund, the transaction with his participation is broken, the contract is terminated and the money is returned. At the same time, the goal indicated in the application for the disposal of the mother capital is not achieved.

Probably the most common case is when maternity capital was used to improve housing conditions (through the down payment for an apartment in a building under construction, to pay off mortgage interest, etc.). The house was not handed over on time, and at the family council you decided to terminate the contract for participation in the shared construction. It turns out that you could not use the mother capital and did not improve your living conditions.

What is the difficulty with the return of maternity capital?

The main difficulty is that the law (Federal Law "On additional measures of state support for families with children") does not provide for the procedure for returning mother's capital at all. Even the official website of the Pension Fund emphasizes that the right to receive maternity (family) capital is granted only once. At the same time, you have the obligation to use the money received for the intended purpose. That is, you cannot not return them at all or use them for other needs.

What are the ways to return maternity capital back to the FIU?

The easiest option is if 2 months have not passed since the moment of filing the application for the disposal of the capital capital, and the Pension Fund has not yet managed to transfer the funds of the MSC for the purposes you indicated. In this case, you can write to the FIU a statement to cancel your application for the disposal of MSC funds (). Please note that you can cancel an application for sending MSCs to pay off the principal debt or interest on housing loans. within 1 month. The procedure for filing applications for cancellation is provided for in clauses 13-15 of the "Rules for submitting an application for the disposal of funds (part of funds) of maternal (family) capital" (order of the Ministry of Health and Social Development No. 779n dated December 26, 2008). With this option, you can submit a new application for disposal at least immediately and even indicate in it some other purpose of spending the MSC.
When sending maternity capital funds to the formation of the funded part of the mother's pension, you can refuse such an option for using the MSC until the day of the appointment of the pension. To do this, you need to submit an application for refusal to the FIU.

If none of the above options suit you, judicial practice suggests 2 more ways for MSCs aimed at improving housing conditions.

1. The maternity capital is returned to the FIU. You terminate the contract with the developer / seller of the apartment. He transfers you the entire amount paid for the apartment, including maternity capital. You return the maternity capital to the branch of the Pension Fund that transferred it to you. It is also possible to prescribe in the agreement on termination of the contract with the developer / seller of the apartment that the amount of maternity capital is transferred to the PFR accounts by the developer or seller himself. When choosing this option, keep in mind that in order to re-sell the maternity capital, you will most likely have to go to court (read below).

The maternity capital remains in the family. You keep the maternity capital for yourself and use it for its intended purpose as soon as possible, that is, strictly for the purposes that were indicated in your application for the disposal of the maternity capital. For example, you tried to improve your living conditions. In this case, find another suitable apartment and pay for it with the amount of the returned maternity capital. Be sure to keep all supporting documents in case you have to explain to the FIU. With this option, no one is insured from the court with the FIU, alas.

Is it possible to use it again after the return of maternity capital?

Yes, it is possible, because for the first time you did not manage to exercise your right and direct the capital for the purposes stipulated by the law. Unfortunately, due to the lack of procedures for the return of maternity capital in the law, it is likely that you will have to seek a second attempt to use it through the courts.

The “Review of judicial practice in cases related to the exercise of the right to maternal (family) capital” (approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016, clause 9) tells about the case of a mother from the Penza region, who had to terminate the equity participation agreement with the developer ... Upon termination of the contract, the construction company transferred the amount of maternity capital to the local Pension Fund. Later, my mother found a suitable apartment building and wrote to the FIU a new application for the disposal of the maternity capital. The Pension Fund refused to re-transfer the amount of maternity capital, citing the absence in the law of the possibility of disposing of capital even in the event of a refund. The courts restored the woman's right to maternity capital funds, since she never exercised her right to improve living conditions for her family.

What will happen if you do not return the maternity capital?

Be prepared for the Pension Fund or the local prosecutor's office, at its request, to file a lawsuit in court to recover the amount of maternity capital received from you. This is unpleasant, but quite understandable: you need to account for the targeted use of budget money. In court, you have several options:

provide documents that confirm the use of maternity capital funds for their intended purpose. For example, to buy another dwelling. The judge may inquire about the condition of this home (whether it is habitable, whether it has been recognized as hazardous), ask if you examined it before purchasing it, and also clarify whether the purchase of such a home led to an improvement in the family's living conditions (whether the area covered by for each family member). Sometimes the court also checks the location of the acquired dwelling: the purchase of emergency housing in a remote village without a kindergarten, a polyclinic and job prospects for parents is unlikely to be regarded as an improvement in living conditions. If the court considers your evidence to be reliable, the maternity capital will be left to you.

In the Federal Law No. 256-ФЗ dated December 29, 2006 No. on measures of state support for familiesnot installed procedure for returning maternity capital to the Pension Fund. Despite this, in a number of mother capital can (should) be listed back, if for one reason or another order not implemented in full (including at maturity).

In order for maternal (family) capital (MSK) to the Pension Fund, you can use in several ways- the choice of one of them will depend on the situation in which the owner of the certificate is, but a number may arise in the process. means may not be possible in all cases, and, most likely, the right to it will need to be proved judicially.

If the purpose of using MSCs is not achieved, and the not returned to the Pension Fund (PFR), the owner of the certificate may, according to Art. 159.2 of the Criminal Code of the Russian Federation "Fraud in the receipt of payments." Certificate means anyway will need to list back to the FIU in full.

When is the mother capital due?

Law No. 256-FZ does not indicate in what situations should (can) be returned to the Pension Fund. However, matcapital is a targeted measure of state support, and the owner of the certificate should list funds back to the FIU, if for some reason they were not used within the framework of the directions established by Part 3 of Art. 7 of Law No. 256-FZ. Most often this happens in the following cases:

the family decided to use the MSC for other purposes;
the sale and purchase agreement or equity participation agreement is terminated, or the owner of the certificate (his spouse) leaves the housing cooperative;
parents were unable to pay off a home loan or a loan repaid with the help of the MSC, and now the acquired housing is under arrest;
the family decided to sell the residential premises in the mortgage pledge, purchased with the help of a loan (loan) repaid by the mother capital, etc.

If the goal for which the maternity capital was directed was achieved, then return it to the Pension Fund it is forbidden.

If a transaction using MSC is recognized invalid, then maternity capital funds are also should be listed to the Pension Fund, because, according to Part 2 of Art. 167 of the Civil Code of the Russian Federation, each of the parties to such a transaction is obliged to return to the other everything received in its course. Since the capital is paid from the federal budget, it must be given to the state.

Is it possible to return the maternity capital spent on the mortgage to the Pension Fund of Russia?

Since the procedure for returning the capital used for a mortgage or loan, in Law No. 256-FZ not indicated, then the need and the possibility of transferring the funds of the certificate in each specific case need to discuss with the Pension Fund and a credit institution, when the loan is still being paid.

If it was fully repaid and the encumbrance was removed from the dwelling, then return the maternity capital to the PFR in order to use it again in the future, it is forbidden.

Bank or other credit institution independently lists part of the MSK to the Pension Fund in the cases provided for in Part 19 of Government Decree No. 862 of 12.12.2007:

the amount indicated in the application is more than the amount of the initial payment;
the amount of the transferred funds exceeds the amount of the principal and interest-bearing debt.

The credit institution must return the difference to the Pension Fund within 5 banking days from the moment of receipt of funds.

How to get the maternity capital back?

The choice of the way in which the funds of the mother capital will be returned depends on translated whether they are to the account indicated in the application or not.

If funds are still not listed, then the owner of the certificate, in accordance with Part 16 of Appendix No. 1 of Order of the Ministry of Labor No. 606n dated 02.08.2017, must personally or through a representative submit to the Pension Fund cancellation statement... It can be done in 10 working days from the moment of making a positive decision on the disposal. After that, the parent (adoptive parent) can write repeated statement of order(either immediately or at the next disposal of the parent capital).
- In cases where the capital is used for, the woman has the right to submit disclaimer any time until the day of appointment pensions.
If funds were translated to the specified account, and the transaction did not take place, then the owner of the certificate must return money to the FIU... After the sale and purchase agreement or equity participation agreement is terminated, all used funds, including maternity capital, will most likely be transferred to the owner of the certificate. He, in turn, must transfer an amount equal to the spent capital, to the account of the branch Of the Pension Fund, to which the application for the order was submitted. In order for the MSC to be transferred by the developer or seller, this clause must be included in the agreement on termination of the contract.

In some special cases, there is a possibility use maternity capital by designation , no return funds in the FIU, but this requires first consult with the Pension Fund, otherwise the owner of the certificate may sue... After the family has been transferred the funds spent, including the capital, it is necessary as soon as possible use within the chosen direction, keeping all documentary evidence of the new transaction.

According to part 13 of the Government Decree No. 926 of 12.24.2007, if the child to whom the capital was sent died, was expelled or the dormitory lease agreement was terminated, then the educational organization must return to the Pension Fund difference between the listed means of the certificate and the cost of the actually rendered services.

If the amount of the MSC has not been spent in full, then the owner of the certificate must apply for a refusal to send funds so that the capital is no longer transferred to the educational organization.

What difficulties may arise?

Difficulties with the return of maternity capital to the Pension Fund are due to the fact that the rules according to which this must be done are Law No. 256-FZ not installed... The owner of the certificate is in a very vulnerable position, since the timing of the transfer of capital to the FIU, the procedure itself and the necessary documentary evidence of the transfer unknown.

If the funds need to be returned to the Pension Fund, need to consult with his employee and lawyer.

Most difficulties arise when maternity capital was used to pay off a home loan or loan - in this case, you will probably have to negotiate with a credit institution.

Can matcapital be used twice?

The question of whether it is possible to reuse maternity capital, if before that it was returned to the FIU, is legislatively not regulated... Therefore, in each specific case, it is necessary to contact for consultation to a lawyer and get acquainted with judicial practice on similar issues.

Most often, the Pension Fund refuses such applications, arguing its decision by the fact that the right to maternity capital is granted to a citizen once.

However, in “ Review of judicial practice in cases related to the exercise of the right to maternity (family) capital", Approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016, in clause 9 it is established that the person who returned the funds of the MSC to the PRF authorities did not may be deprived of the right to re-order... In the case under consideration, the court made such a decision, since the owner of the certificate, having terminated the equity participation agreement.

It is possible to re-dispose of the funds of the capital capital if the owner of the certificate proves that his right to MSC within the framework of the chosen direction has not been realized, that is, the purpose specified in the application, not reached... But most likely the second appeal can only be made judicially.

Most often, the issue of reusing MSCs concerns cases when transactions are terminated for. In situations in which a home loan or a loan and some others were repaid with the help of materkapital, the possibility of reusing funds should be discussed with an employee of the FIU and a lawyer.

Responsibility for non-return of maternity capital

If the owner of the maternity capital does not return the funds to the Pension Fund, then he can be held accountable in accordance with article 159.2 of the Criminal Code of the Russian Federation. If the capital remains with the family and is not used in accordance with the directions specified in Part 3 of Art. 7 of Law No. 256-FZ, this can be qualified as misappropriation of budget funds. If the maternity capital was nevertheless used for its intended purpose, it is necessary document.

In any case, the funds of the mother capital will be required return to the Pension Fund in full: either voluntarily or compulsorily.

The punishment that the owner of the certificate may incur depends on the situation and the nuances of a particular case, therefore consultation and case management by a lawyer competent in this area is necessary.