At the birth of a baby, his parents acquire the right to receive a state benefit, which is calculated and issued to them from the funds of the Social Insurance Fund of the Russian Federation, or at the expense of the federal budget. A person who replaces parents has a similar right. This could be, for example, a guardian, trustee, adoptive parent. In all cases, the primary basis for processing and issuing this social benefit is the fact of the birth of a child (first, second, twins, etc.).
Important! This state benefit is paid one-time for each child born, but only to one of the parents (mother or father).
The appointment of a state benefit at the birth of a baby is subject to mandatory registration. The registration procedure itself does not present any difficulties, but largely depends on the actual status of the parent to whom the state benefit will be paid.
Where to apply for state benefits for a parent (typical situations) | ||
If everyone in the family is unemployed or studying full-time at a university, educational professional organization or scientific organization | When mother and father work (or serve) | If one parent works (serves) and the other does not have a job |
At the place of residence (stay, actual residence) of the mother or father in the social protection authorities | At work or in the service of one of the parents | In the organization where the parent works (serves) |
The listed options for obtaining a one-time state allowance for a child fully apply to persons who replace parents.
Legal basis for registration and payment of state benefits for a newborn baby
The procedure for registration and payment of this state benefit is regulated by current legal acts. Their list with current editions and links is presented below in the table.
Title of the legal act with reference to the latest edition | Scope of application (briefly about the contents) |
Federal Law of the Russian Federation No. 255 of December 29, 2006 “On compulsory social insurance in case of VNiM” (Actual edition dated December 27, 2018) | Federal Law of the Russian Federation No. 255 comprehensively regulates legal relations related to compulsory social insurance in case of accidents and accidents. Determines the category of citizens subject to this social insurance, its types, as well as the process of providing state benefits (value, conditions, general order) |
Federal Law of the Russian Federation No. 81 of May 19, 1995 “On state benefits for citizens with children” (actual edition dated July 26, 2022) | This law establishes the types of state benefits and ensures their payment to the uninsured and other persons. He also determines the procedure for recalculation, indexing of state benefits, calculation of average earnings and application of regional coefficients |
Order of the Ministry of Health and Social Development of the Russian Federation No. 1012n dated December 23, 2009 “On approval of the Procedure and conditions for the appointment and payment of state benefits to citizens with children” (as amended on September 24, 2018) | Details about the registration and payment of state benefits to citizens of the Russian Federation (certain categories of foreigners, stateless persons and persons with refugee status) who have children |
GOST R 7.0.97-2016. National standard of the Russian Federation, approved. By Order of Rosstandart No. 2004-st dated 12/08/2016 (as amended on 05/14/2018) | This system of standards applies to organizational and administrative documentation and establishes types and sample forms, the composition of details, general rules for the creation and execution of documents |
The amount of state benefit that one of the parents receives for a newborn baby is 8,000 rubles. rub. This figure is determined by law and is subject to annual indexation. In 2022, one of the parents can receive the amount of RUR 17,479. rub. 73 kopecks (indexation was carried out using an increasing multiplier of 1.043) per born baby. This amount of state benefit is established in accordance with RF Regulation No. 32 dated 01/24/2022 and is paid starting from 02/01/2022.
When a woman goes on maternity leave
Before figuring out how to fill out a sample order for maternity leave 2022, let’s figure out when you need to worry about this.
According to Article 255 of the Labor Code, a woman preparing to become a mother receives a legal break from work. Its duration varies:
- 70 days before the birth of the child and 70 after it - if the employee carried one fetus and gave birth without complications;
- the first part of this period increases to 84 days if there are two or more fruits;
- the second part is extended to 86 days if the woman gave birth with complications;
- the postpartum period will be 110 days if two or more children were born.
To obtain such a break, you must provide a certificate of temporary incapacity for work on the appropriate grounds. You can learn about the procedure for issuing and providing it from Order of the Ministry of Health and Social Development No. 624n dated June 29, 2011.
Therefore, when the employee is approximately seven months old, it is time to start preparing documentation.
Registration of state benefits at work for mother or father
The procedure for assigning and paying state benefits is indicated in Part IV of the Federal Law of the Russian Federation No. 1012n. In order to obtain state benefits for a child born at work, the parent must take the initiative and contact his employer on this issue.
For the purposes of processing this payment, the parent within 6 months. After the birth of the baby, he must submit an application and documents certifying his right to it to the personnel department. An application for the assignment of state benefits addressed to the employer is written in free form. The package of documents submitted for registration purposes must include:
- a standard certificate of birth of a child from the registry office;
- child's birth certificate;
- a certificate from the second parent’s work or service stating that state benefits have not yet been assigned;
- a standard extract from the work book about the last place of work or service (for an unemployed parent) or simply the original (copy) of the work record.
This list of documents is submitted (in person, by mail) in the general case by a person who is a citizen of the Russian Federation. It is not considered exhaustive. Depending on the specific particular situation, the specified checklist may be supplemented with other required documents, which are noted in clause 28, part IV of the Federal Law of the Russian Federation No. 1012n.
For example, if the recipient of the state benefit (applicant) is a person who replaces a parent, then a document certifying his authority must be attached to the application. Thus, the guardian must submit an extract from the decision to establish guardianship of the child, made by the guardianship authorities. In appropriate situations, copies of the refugee certificate, as well as an identity document with a mark on the issue of a residence permit, etc., are attached.
How is the benefit amount calculated?
The amount of benefit that one of the child’s parents will receive is always individual and amounts to 40% of the average monthly salary of the mother or father for the last two years (this is why it is so important that the salary is completely “white” and not given “in envelopes”).
The benefit is paid monthly until the child reaches eighteen months. After one and a half years, the parent has the right to continue on parental leave until the age of three, but he will no longer be able to receive benefits. All funds paid by the employer as benefits are fully compensated by the Social Insurance Fund.
Drawing up an order from the employer on the appointment and payment of state benefits
Issuing an order from the employer on the appointment and payment of state benefits to the parent at the birth of a child is an indispensable stage of registration. After the employee has submitted the required application with documents to the employer, it is subject to consideration. Upon review, the employer makes one of the decisions: pay state benefits to the applicant or deny it. He must indicate his decision in the form of a resolution on the application.
If the decision is positive, then all documents are transferred to the personnel department and the employer’s decision is formalized by order. In other words, a written order from the employer is issued to assign and pay benefits to the applicant. Then for 10 working hours. days money must be paid.
There is no standard form for the order, so its text part is compiled in any form. In this case, the general design principle is applied, which is inherent in standard orders of the employer, i.e. with a similar structure, including the relevant required data, etc. It is based on recommendations and provisions of GOST R 7.0.97-2016. Thus, when compiling this order, it is necessary to indicate the following mandatory details:
- Name and standard details of the organization (author of the order), if the order is not issued on letterhead (TIN, KPP, legal address).
- Name of the document type: “Order”.
- Place of its compilation, publication, as well as date and registration no.
- Grif on restricting access to the order. For example, “for official use” or “secret” (indicated if it contains private, secret information).
- Title (a brief statement of the contents of the order, i.e. what it is about). In relation to the situation under consideration, it can be written as follows: “On the payment of a one-time state benefit at the birth of a child.”
- The main text part of the order. It is recommended to draw up the following scheme: to whom the state benefit is assigned - its size - when, in what time frame this payment must be made - the responsible executor of the order.
- Appendix (list of supporting documents submitted by the applicant).
- Approval stamp (if internal approval of the order is required).
- Position, signature with transcript of the authorized person (employer, director of the organization).
- A corresponding note about the executing employee (full name of the developer of the order, his contacts).
More details about the details that are indicated in documents according to the current standard can be found from the primary source (see Part 4 of GOST R 7.0.97-2016). Typically, the employer's orders are issued on the organization's letterhead.
Why do you need to issue an order?
Employees of an organization often count on financial support from their employer in various life situations.
There are a number of officially recognized reasons for receiving a cash payment - pleasant events (birth of a child, marriage, anniversary, etc.) and, conversely, sad ones (death of a close relative, illness, difficult social situation, etc.). The management of the organization has the right to decide at its own discretion which social support measures to use, or to completely abandon them. In personnel practice, for such situations, an order for the payment of financial assistance is issued. The Labor Code and the legislative framework do not in any way regulate the procedure for assigning such monetary payments; the grounds and amounts of financing have not been approved.
However, the transfer of any funds, including social aspects, must meet certain conditions. There is a certain procedure associated with accounting and taxation.
A prerequisite is the issuance of an order that:
- allows you to justify the type of financial support for an employee;
- is considered the basis for calculating payments through accounting;
- is a document for tax accounting and income tax calculation;
- serves for the correct calculation and payment of insurance contributions to pension and non-budgetary funds.
ConsultantPlus experts examined what types of financial assistance exist for an employee and how to provide it. Use these instructions for free.
Uniform requirements for creating an administrative document
When issuing an order, the general requirements are taken into account, which are defined by Part 3 of GOST R 7.0.97-2016. They relate to design, numbering, use of fonts, indents, spacing, possible highlighting in the text and other nuances. Many of these standards are widely used by organizations. In this regard, it is recommended to pay attention to the following general rules:
- The document can be prepared on paper or electronically.
- Page numbers should be placed at the top, in the middle, but only if the document consists of 2 or more pages.
- It is allowed to use fonts of 12, 13 or 14, and smaller ones in tables.
- Each paragraph should begin with an indentation of 1.25 cm, and there should be a space between words.
- Line spacing can be 1 or 1.5.
- The title is usually written centered or printed in paragraph indentation.
- The text part of the order must be aligned in width.
- Certain details in the text can be highlighted in bold, but only if this norm is spelled out in the regulatory act of the organization ( "addressee", "signature" , etc.).
The listed standards are the generally used minimum of elementary requirements that need to be known and followed when creating administrative documentation.
Main features of the document
If you need to write an order to assign child care benefits to an employee, read the tips below and pay attention to the sample document.
Before moving on to the essence of the order, let us dwell on some general points.
To date, there is no unified sample order for the care of a child under one and a half years old (which, in general, is logical, given that the order itself is not a mandatory document). Based on this, company employees can draw up this order in any form or, if the enterprise has its own developed and approved document form, using its template.
When drawing up an order, consider several important nuances:
- For an order, either a regular sheet of paper of any convenient format (but A4 is better) or a company letterhead (more often this is used if such a requirement for administrative papers is enshrined in the company’s accounting policy) is suitable.
- You can write the order by hand (only with a ballpoint pen, clearly, legibly, without errors, blots or corrections), or type it on a computer.
- The order must be certified by the head of the company or another employee authorized to act on his behalf, and also signed by the person responsible for its execution.
- The form should be certified with a seal only if this rule is spelled out in the internal regulations of the enterprise - in other cases, the absence of a stamp does not play a role in determining the legality of the document.
Example 1. Sample order for payment of state benefits at the birth of a baby
LLC "Formula Comfort"
Vyborg, Boyaryshnikovy Lane, 2, tel. +7 (81378) 1-11-111
Vyborg September 12, 2022
ORDER No. 222
on payment of a lump sum benefit upon the birth of a child
In accordance with the Federal Law of the Russian Federation No. 81 of May 19, 1995, and also in accordance with the Order of the Ministry of Health and Social Development of the Russian Federation No. 1012n of December 23, 2009
I ORDER:
- Assign and pay a one-time state benefit for the birth of a child to expert Valentina Miroslavovna Zolotareva in the amount of 17,479 rubles. 73 kopecks
- Control over the execution of this order is entrusted to the chief accountant, Chestnaya Evgenia Nikolaevna.
Application:
- Statement of expert V.M. Zolotareva dated 09/12/2022.
- Certificate of birth of a child No. 30 dated 09/02/2022 from the registry office.
- A copy of the birth certificate.
- A certificate from the place of work of the spouse, N. N. Zolotarev, stating that he was not paid state benefits.
General Director Alekseev /A. V. Alekseev/
I have read the order:
09.12.2022 Zolotareva /V. M. Zolotareva/
We are preparing an order for early payment of wages in December
In accordance with Article 9 of the Federal Law of 06.12. 2011 No. 402-FZ “On Accounting”, each fact of economic life is subject to registration as a primary accounting document. Accordingly, the employer must have some kind of administrative document on early payment of wages in December 2020. For these purposes, an appropriate order may well be suitable. Here are examples of such an order.
Order for early payment in December of an interim advance: sample
Let's assume that the accountant has chosen the option that the interim advance for December will be paid in December 2020. The final salary payment will be made in January 2020.
It is, of course, advisable to prepare the order in advance so that the accountant has time to carry out all the calculations and prepare them for payment through the bank. In our opinion, it is logical to stipulate in the order, at a minimum:
- reason for early payment;
- early payment period;
- instruction regarding the deadline for final payment for December.
Here is an example of an order for early payment of wages in December 2022. Such a document is needed, first of all, for accounting in order to make calculations correctly.
Order for full early payment of wages in December: sample
As we have already said, no one prohibits the employer from paying employees in full for wages in December 2022. This will also require an administrative document (order or directive from the manager). However, in this case the order will be slightly different. After all, it will need to write about the full payment of the December salary.
In our opinion, it is not necessary to familiarize all employees with the order for early payment of wages, since such an order most likely does not violate the rights of workers who will simply receive part of their salary (or all of it) earlier.
Some employees may not agree to early payment of wages in December. There may be some! And, indeed, they may be right if they wish to receive salaries for December exactly on time specified in the labor agreement, collective agreement or labor regulations. Such workers, of course, need to meet them halfway.
Answers to frequently asked questions
Question No. 1: The spouses are divorced. The child remained with his mother. Where can she get state benefits for her newborn baby?
In this situation, the norms of clause 27 of Part IV of the Federal Law of the Russian Federation No. 1012n apply, which clearly states that if the parents are divorced, then the parent with whom the child lives can receive the money. At the same time, the procedure for registering a state permit depends on whether it works or not.
Accordingly, here the state benefit is registered in the name of the mother, since the baby lives with her. If she works (or serves), then she needs to contact her employer (i.e., work or service) regarding registration. If the mother is unemployed at this moment, then she will be able to receive state benefits through the social security authorities.
Question No. 2: Will child support be paid if you write an application after 6 months? since the birth of the baby?
No, they won't pay. In order to receive it, you must comply with the generally established application deadline (the norm is enshrined in Federal Law of the Russian Federation No. 81). What is important is that when submitting an application in person with documents, the day of its acceptance (registration) is usually considered the day of application. If everything is sent to the addressee by mail, then the day of application is the date indicated on the stamp affixed upon sending. This point must be taken into account when submitting documents.