Who is considered a single parent. Features of registration of allowances and benefits. Double tax deduction

Before you get the status of a single mother, you should clarify all the nuances about the documents and. Every mother who is not legally married is given the right to receive support payments and status.

To confirm the legal fact, a woman must apply to the registry office with a special certificate. The certificate contains the personal data of the child, and it becomes a decisive moment in the decision of the authorized body.

A single mother is a woman who takes care of or raises a minor on her own. There is no mention of the father on the child's birth certificate.

Such citizens are entitled to payments:

• Social benefit.
• Preferential positions for children.
• Preferential positions for services for the mother.

At the state level, children who do not have the support of a father have assistance to ensure their livelihoods. But it is necessary to confirm the right of motherhood.

The following facts must be confirmed:

• A minor was born before marriage or after marriage a year later.
• There is no official father - neither biological nor adoptive.
• The child's birth certificate does not contain information about the father.

Who is allowed to receive

A single mother is a woman who takes care of or raises a minor on her own. There is no mention of the father on the child's birth certificate. If the child has a father, then the woman goes to court to issue alimony, the child has no other allowance. Obtaining the status of a single mother is allowed to the guardian if the citizen has assumed the obligation of guardianship.

Payments by the state to children who do not have a father are regulated by legislative acts, accruals are made individually for each child. At the state level, children who do not have the support of a father have assistance to ensure their livelihoods. But you should confirm your right to motherhood.

Documentation is submitted to the social protection authority and consultation is requested. After the information received, a decision is made to start enrolling the woman. A single mother receives documentary evidence, according to which, in the future, she will receive a benefit, a social payment.

Grounds for obtaining the status of a single mother

The status of a single mother is assigned under the following conditions:

• A minor should be born before marriage or after marriage a year later.
• In court, the woman challenged paternity.
• Obtaining the status of a single mother is allowed to the guardian if the citizen has assumed the obligation of guardianship.

After an official break in relations, a woman does not receive this status. The birth certificate must indicate that there is a father. You can ask for alimony.

To apply, you should:

1. To confirm the legal fact, a woman must apply to the registry office with a special certificate.
2. Submit some documentation.
3. Fill out a template application.

In this case, you do not need to pay a state fee.

Statement

Documents are submitted to the social protection authority to fill out a certificate. And you need to write a statement:

• With the name of the organization.
• The woman's personal information.
• The signature of the application.
• Status request.
• Additions.

The application must be completed in writing with true information.

You also need to submit a number of documents in addition to the application:

• Children's personal data - copy and original.
• Passport details of the woman.
• Information about working condition.
• Help in the registry office.
• Information about the property.
• Information about the financial condition.

Only the documents provided above in social protection help in recognizing a citizen as a single mother. In most cases, women perform the procedure after a child is born, a citizen immediately learns about the nuances of obtaining benefits and obtaining status.

After registration, the status is immediately assigned. But if there is any mistake in the authorized body, then it takes time to re-submit.

What preferential positions are given to a citizen

A single mother this year, in addition to social benefits, can receive preferential positions.

The child is given privileges in various aspects that help to arrange a decent life. Every aspect of services to people is touched upon.

Financial opportunities

Separate payments to mothers with fixation are not assigned. But mother gets dividends:

• After the baby is born.
• Raising a child up to 1.5 years.
• Registration in the women's clinic.
• After becoming the guardian of the child.

Social

When a citizen is recognized as a single mother, the child is registered in a preschool without a queue. The educational institution provides free breakfasts and lunches, as well as books.

Children are treated free of charge in a medical institution, medicines are purchased and distributed free of charge. A subsidy is provided for utilities. Persons pay half of the amount, which is issued separately after the submission of documentation.

Labor

Women are given preferential positions in relation to the labor law. A woman can take paid leave at any time, she is not involved in work on holidays. Dismissal is made only under two articles if the company ceases to operate or after the citizen has seriously violated discipline. Sick leave to care for a child is also paid and increased.

So, we are talking about the legal status of single parents. This concept is contained in a number of articles of the Labor and Tax Codes when securing labor and tax benefits for this category of citizens. So in article 218 of the Tax Code of the Russian Federation it is determined that widows (widowers), single parents, guardians or trustees, adoptive parents are tax deductible in double size. At the same time, the Labor Code says that a single parent is one of the parents who is not in a registered marriage.

So the concept of "single parent" applies to a parent who has never been legally married, and to a divorced parent. There is also a preferential list for the admission of children to preschool institutions, in which the term "single parent" is used. “Single parent” means that the name and surname of the second parent do not appear in any documents, i.e. in the birth certificate of the child in the column "father (mother)" there may be a dash or the name of the father may be entered arbitrarily, at the request of the mother.

During the registration of a child, a medical document on the birth of a child, as well as passports of both parents, is submitted to the registry office. If the parents of the child are legally married, a certificate of registration of their marriage is also submitted. According to the law, a single mother can write down a child born or adopted by her in her last name, and the name and patronymic of the child is already indicated at will; the father of the child in this case does not have any rights and obligations, incl. does not pay alimony, and the child's mother receives state social support and protection. That is, there is no record of the father in the birth certificate of the child, or the record of the father of the child was made in the prescribed manner at the direction of the mother. In this case, the registry offices issue a certificate, which is the basis for making an entry about the father of the child, and which is a document necessary to provide benefits to single mothers.

If the father left the family, but he is listed on the birth certificate of the child (based on his statement of paternity or marriage certificate), then the woman is not a single mother. In other words, divorcees and widows are not single mothers.

What is the difference between "single mother" and "single mother"?
A single mother is a woman who has given birth or adopted a child without a father, i.e. She is neither a widow nor a divorced woman! By the way, dictionaries and encyclopedias do not contain a detailed interpretation of the concepts of "single mother", "single mother's family". The legal term "single mother" appears for the first time in the Decree of the Presidium of the Supreme Soviet of the USSR of July 8, 1944 "On increasing state assistance to pregnant women, mothers with many children and single mothers ...". This document states that a single mother is a woman who is not legally married and has illegitimate children. At that time, the term included a broader category of mothers raising children in families without a father, incl. and divorced women and widows.

Today, the concept of "single mother" is identified with single motherhood, and families of single mothers of different marital status are called incomplete or maternal families.
“Incomplete family” is the family of a parent who, due to various reasons, alone brings up and is responsible for the child (children) living on his behalf.

That is, a single mother is a mother whose children initially have a father, he is recorded in their birth certificates, but she is forced to raise children alone (due to divorce, death or death of her husband, etc.). That is, widows and divorced women fall into the category of "single mother", but no longer fall into the category of "single mother"!
At the regional level and in local regulations of enterprises and organizations, additional benefits are allowed for single mothers. And then they use the broader concept of "single mother". In such cases, widowed and divorced mothers are equated with single mothers. Each employer decides for himself based on the financial, material and other capabilities of his organization and fixes this decision in an order, a collective agreement on which women to classify as single mothers and what benefits to provide them.
It is impossible to put identity in terms: "single parent" - "single mother" - "single mother". Persons raising children without a mother also include:
- fathers raising children without a mother;
- men raising their adopted children without a mother;
- guardians and trustees raising children without a mother;
- stepfathers raising children without a mother;
- adoptive fathers raising children without a mother.

However, the Labor Code does not list the conditions under which a man is recognized as a single father. And in everyday life, a single father is considered a man who has a child (children), whose mother died, disappeared, was deprived of parental rights, stays in a medical institution for a long time, left children to his father during a divorce, is in prison. To confirm the status of “single father”, you must have documents certifying that a man is raising children without a mother. This may be a court decision declaring the wife missing or deceased, a court decision on divorce, a death certificate of the wife simultaneously with the submission of a certificate from the housing and communal authority (HOA, housing department, etc.) on the cohabitation of children with the father.
In accordance with the Family Code, the father of a child is the person who is recorded as the father in his birth certificate. A stepfather is a person who is married in accordance with the established procedure with the mother of the child. The guardian of a child under the age of fourteen and the guardian of a child between the ages of fourteen and eighteen is a person in respect of whom there is a decision of the head of the local administration to appoint him as a guardian (curator) and who has been issued a certificate of guardianship (certificate of the guardian).
And in the next article, we will consider what benefits exist for single mothers at the present time.

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Today, a single mother no longer surprises anyone, and the number of such women in our country is growing every year. This does not mean that the birth rate is increasing. It's just that more and more women are raising their children on their own, without the help of a father. This happens for various reasons. Consider how to get the status of a single mother and what it gives.

Who is recognized as a single mother

Who is a single mother, probably, anyone understands. At the same time, not every single woman with a child, in accordance with the law, has such a status.

A single mother is a woman who performs the duties of parents alone, without the participation of her father. At the same time, in the Russian Federation this concept means that in the birth certificate of a child in the column "father" there is a dash.

Thus, a woman should not only raise a baby alone, but his father should not be documented anywhere or be recorded as a parent simply from the words of the mother.

If the child officially has a father, even if the latter does not live with him and does not participate in education in any way, his mother can no longer be considered lonely. This does not depend on whether the spouses are married or already divorced.

Single mothers in Russian legislation

The concept of "single mother" can be considered from the point of view of social or labor law, which provide for certain benefits for this category of the population. The Labor Code of the Russian Federation considers a single mother a woman who simply raises a child without a husband. That is, formally, the father exists or existed earlier, but, for example, was recognized as incapacitated or deceased.

For social law, a woman is recognized as single only if the child legally does not have and never had a father. Only then can she count on social benefits.

As for the Family Code of the Russian Federation, it generally does not contain such a thing as a “single mother”. To a greater extent, this expression is household, but certain guarantees are nevertheless enshrined at the legislative level, for example, in the Labor and Tax Codes of the Russian Federation.

Who can apply for the status of a single mother

For many women, the question is very relevant: if the father is deprived of parental rights, is a woman raising a child alone considered a single mother. In accordance with the law, this, alas, is not enough to receive social benefits. After all, in fact, the child has a father and he is known. The same applies to cases where the mother is cohabiting with a man, but their marriage is not officially registered. In fact, it turns out that the child has a father, even if he is not his own.

In which case a woman is single, we have decided, however, in order to formalize everything properly and have such a status officially, you will have to collect certain documents confirming this state of affairs.

To qualify as a single mother, the following conditions must be met:

• the woman is not married;
• the child has a dash in the birth certificate in the information about the father or the mark “recorded from the words of the mother” is made.

A woman can count on state assistance in raising a child and receiving certain benefits and benefits only when she is legally recognized as a single mother.

Thus, a single mother is a woman:

• who became a mother without being married or more than 300 days after its dissolution, if paternity is not established;
• who gave birth to a child while married or within 300 days from the date of its dissolution, but paternity was disputed;
• unmarried and adopting a child.

Take a sociological survey!

In order to become a single mother by law, you will have to prepare a whole package of documents. Get ready for the fact that you will need to go through several instances to achieve this goal.

Which authorities to contact

Many are interested in where you can apply for the status of a single mother. To do this, you need to become registered with the social protection authorities at the place of your registration. But before visiting the social security authorities at the place of residence, it will be necessary to contact the Housing Office, the registry office, as well as your employer.

List of required documents

To obtain the status of a single mother, the following documents must be attached to the application:

• birth certificate of the child;
• mother's passport;
• certificate of cohabitation of mother and child (taken from the Housing Office);
• certificate form 25 (available at the registry office);
• work book (in case of official employment, it is kept by the employer);
• income statement for the previous 3 months.

Take care of preparing all the necessary documents in advance to save your own time and effort. Your application will still not be considered until the entire package is collected.

When contacting the social protection authorities, documents confirming the status should be brought in the original, and also have copies of them with you.

Features of registration of benefits and benefits

After you have submitted everything you need to confirm the status of a single mother to the appropriate authorities, you will have to wait for 30 days. This is the period set by law for the consideration of the application. When the whole procedure is successfully completed, you can apply for child allowance, pensions and benefits.

The above benefits are provided in labor, tax, social and other areas of life. Of course, they do not solve all the problems of women who raise children on their own, but to a certain extent they help to raise their standard of living above the minimum established by law at the moment. You can use the benefits at your own discretion.

The registration of benefits in 2019 provides for the availability of both federal payments that are the same throughout the country and local assistance at the regional level. For their appointment, you should again contact the social protection authorities, where the specialist will explain in detail what benefits and benefits you are entitled to.

Single mother certificate

In order to confirm the status of a single mother, the social protection authority issues a special document to a woman, on the basis of which she can apply for the assignment of allowances and benefits provided for by law.

A single mother's certificate may be required not only when assigning payments, but also for registering a child, applying for a subsidy, when a baby enters a kindergarten or school, and so on. True, today it is often replaced by a form 25 certificate.

Rights for single mothers

Let's figure out why it is necessary to make so much effort to obtain the status of a single mother and what rights a single mother has in Russia. First of all, everyone is striving to get the coveted “crust” due to state benefits. These can be either one-time payments or regular payments.

In addition to financial preferences, single mothers have special rights at work:

1. Cannot be fired while downsizing.
2. As a result of the liquidation of the enterprise, they are obliged to offer an alternative place of work.
3. They are given additional leave.
4. If the child is under 5 years old, his mother cannot be involved in night work, on weekends or holidays, or overtime work.
5. At their own discretion, women with children under 14 years of age may work part-time.

Also, single mothers have privileges in other areas of life. In particular, they have the right to free:

• bed linen and diapers;
• food until the child reaches 3 years;
• medical preparations;
• health vouchers;
• visiting a massage therapist.

Single mothers receive subsidies for utility bills and educational benefits.

This list is not exhaustive, every year it is updated with new components.

Benefits for single mothers

In part, we have already figured out what advantages the status of a single mother gives. They can be divided into several categories:

• material,
• labor,
• social,
• tax,
• housing.

The authorities are developing many regional programs aimed at supporting single mothers.

Benefits for single mothers

A mother raising a child on her own can count on the same benefits that a woman who has a complete family receives, namely:

• on pregnancy and childbirth;
• for child care;
• at birth.

It is quite difficult to talk about any specific, well-established figures. Every year, the amounts that single women with a child receive change.

maternity capital program

For more than 10 years in Russia there has been a state program to support families with children. Since 2019, new legislative acts have come into force that make changes to its functioning. In particular, the duration of the program is being extended, opportunities for using payments are expanding, and much more.

Protection of the rights of a woman who single-handedly raises a child

Protection of the rights of single mothers is provided for and guaranteed by law. In various regulatory legal acts, their benefits and rights are prescribed, for the violation of which one can be subject to legal liability.

Single Mother Child Benefits: Video

Master of Laws. Also in 2012 he received the specialty “Financial Analytics”. After receiving a second higher education, he founded an independent appraisal company. I specialize in valuation of real estate, land and other property.

A woman, only a woman, can bring forth a new life. Unfortunately, a variety of situations happen and there are many reasons why a mother is forced to raise her child alone. This is Labor with a capital “T”, such people are worthy of monuments.

And you can only rely on the state and its help. But not every parent knows what kind of federal assistance you can count on and what payments to single mothers are required by law.

Who is considered a single mother

The concept of "single mother" is enshrined at the legislative level. According to the law, a single mother is considered a female person who:

• gave birth to a child (one or more) not being married, as well as persons who gave the world a new life 300 days or more after the completion of the official divorce proceedings with their spouse;
• being in marriage, she gave birth to a baby, or less than 300 days passed before the date of the birth of the crumbs after the divorce, and the spouse (already former) challenged paternity in court, proving his biological non-involvement in conception;
• became a participant in a state-wide adoption program without being married;
• became a foster mother while being married, but the official spouse did not recognize the baby and refused to adopt him.

The legal status of a single mother: who to delete from the list of applicants

There are certain categories of citizens who will never receive the status of a single mother. These include:

• persons of the fair sex who gave birth and raised a child in an incomplete family, subject to the existence of a father who, due to certain circumstances, does not provide any material assistance, moral support, etc.;
• girls who are not officially married, but who have issued a certificate of a newborn with the completed column “father of the child” (while cohabitation is not at all necessary);
• women who lost their husband due to his death;
• mothers whose husbands are deprived of parental rights to their children at the legislative level;
• girls who gave birth to a baby within 300 days after the divorce, provided that the ex-husband confirms paternity and has no intention of challenging it in court;
• if a man does not go to court, then he automatically receives the status of the father of a newborn, even if he is not biological.

How to get single parent status

In fact, you are a mother who gave birth to a child and raises a baby on her own? Let's now fix your status at the legal level in order to get the right to certain material payments, benefits and subsidies, without which it is very difficult to survive alone and raise the child on his feet.

Single mother: documents

The certificate of a single mother is a direct documentary confirmation of the status. It is issued by the social protection authorities for the provision of the following papers:

• identity document of the person (passport);
• baby's birth certificate;
• a statement of the appropriate form;
• certificate of form No. 25;
• information about the composition of the family;
• a document revealing the income side of the family (certificate);
• certificate from the employment center;
• extract from the house management book and personal account;
• work book (required for women who do not have a permanent job and are not registered with the employment center).

Step-by-step instruction

Step #1. It is necessary to study the law in detail and evaluate the possibility of obtaining the status of a single mother (who is legally a single mother, discussed above).

Step #2. Registration of a newborn in the registry office and obtaining a birth certificate. After the birth of the baby, it must be registered with the registry office at the place of actual residence and receive a birth certificate. This is possible after providing the employees with an appropriate application, where no one is indicated in the “father” column, that is, a dash is put. The authorities of the wedding palace subsequently issue a unified certificate of form No. 25.

Step #3. Appeal to the social protection authorities with a request to grant the status of a single mother. Take the received certificate of form No. 25, a certificate of the birth of a baby, a passport of a citizen of the Russian Federation and write an application for obtaining the status of a single parent.

Step number 4. Obtain proof of income. You should contact your employer with a request to provide a certificate of income form 2-NDFL. If you were not employed, then the certificate is issued by the employment service.

Step number 5. Obtain a certificate from the place of residence on the composition of the family. As a rule, it is issued by the Housing Office.

Step number 6. Get an extract from the house management book and personal account. Like the previous document, it can be obtained from the housing maintenance service.

Step number 6. Make copies of absolutely all of the above documents and attach them to the original versions.

Step number 7. Submit a package of documents to the authorized bodies for consideration by the commission. Provide the full package of documents (and their copies) mentioned above to the social security service.

Step number 8. Get a single mother's certificate. Within one calendar month, your documents will be processed. After its completion (no later than 30 days from the date of delivery of the papers), you must again contact the social authorities and obtain a certificate that makes it possible to use a certain list of benefits.

Attention! A single mother's certificate may not be issued. To receive all the due payments, benefits and benefits, it is enough to simply submit all the documents mentioned above to the social security authorities, since it is this social body that appoints which allowance for single mothers to issue and in what amount.

What rights does the status of a single mother provide?

Single parents are not deprived of the attention of the state. It provides an allowance for single mothers, certain cash payments, the amount of which exceeds the level of payments to mothers raising children in a complete family. To date, single parents can count on benefits such as:

1. Maternal capital (MK) subject to the birth of the second and subsequent children.
2. One-time payments to single mothers who at the right time were registered with the antenatal clinic (up to the 12th week of gestation).
3. One-time payment when the baby is born. On the territory of the Russian Federation, it is regulated by the provision of Law No. 81-Ф3 “On State Benefits for Citizens with Children” dated May 19, 1995.
4. Financial payments of a regular nature (once a month), intended to care for a baby up to one and a half years of age.
5. Help for single mothers during pregnancy.

What other types of financial assistance can a single parent count on?

All of the above material payments to single mothers are classified as basic. But there are still instruments of additional financial stimulation. These include:

It should be noted that the amounts of all additional types of assistance are different for each region of the country and depend on its financial capabilities and the operation of a particular municipal program of social significance. In addition, the allowance for a child for a single mother with many children is greater than for a mother who alone brings up, say, two children.

Benefit procedure

When applying for maternity benefits, a key requirement is the provision of a certain package of documents. The list of such securities is dictated by law and has not changed over the past two years. What documents are needed to receive state financial assistance for single mothers? So, among the first is a document confirming the cohabitation of the mother and child - a certificate of the appropriate form, which is issued by the housing maintenance service (ZHEK). The next on the list is a paper confirming the relationship between mother and baby - a birth certificate. The third document is a copy of the passport and mother's identification code. You will also need a notarized work book of a woman, confirmed by the management from the place of employment, and a current account number in a state banking institution or a savings book.

Claimed Benefits

Official cash benefits are an incomplete manifestation of government support for single parents. They also have the right to receive certain additional benefits in the social, tax, medical, educational and labor spheres.

Social help

It is impossible to list all types of social assistance provided for single mothers. This is due to the fact that in each region payments from the Federal budget differ, and since the source of social benefits is federal money, the government bodies of a particular region compile a list of such benefits on an individual basis. The most popular are:

• providing the child with sets of clothes (1 time per six months);
• 50% discount on fares for single mothers. The benefit is valid in trams, trolleybuses, state-owned shuttle buses, electric trains;
• registration and acceptance of a child in a state municipal children's institution out of turn;
• undergoing medical therapy in health-improving institutions and resting in camps at public expense.

A complete and accurate list of social benefits for a single mother can only be provided by local authorities, and in each region they will be “their own”.

Tax "rebates"

In accordance with Article 218 of the Tax Code of the Russian Federation, a single mother who has not stopped her labor activity is endowed with an absolute right to a double tax deduction from income streams. In 2015, the amount of the deduction for the first two children is 2,800 rubles, for the third, fourth, etc. - 6,000 rubles. This tax deduction was introduced in order to reduce the cost of single mothers and increase the level of profitability, which will have a beneficial effect on the provision of the child.

All the subtleties of medical care for single mothers and their children

The status of a single mother provides its owner with more benefits in the field of medical services. Such a "bonus program" can be used by both the parent and the child. The medical benefit is activated immediately after the birth of the baby, and in case of any serious illness, both the baby and his mother can also count on additional assistance from the state.

List of benefits:

• systematic (2 times a week) visits to a massage room free of charge, provided that such an office is available in the apartments of the medical institution where the mother and baby are assigned;
• free provision by the maternity hospital to the child of a set of bed linen, diapers, clothes, subject to a request from the mother;
• the child has the right to receive annual vacation or recreational vouchers from state-owned medical organizations (depending on the specific region, the option of partial payment for the voucher is possible);
• receiving dairy products absolutely free of charge until the child reaches the age of three. Provided that the children's kitchen is in the hospital.

Educational benefits for single mothers

Each child who was brought up in an incomplete family is provided with benefits related to the receipt of pre-school and secondary education.

The rights of a single mother in this area are as follows:

• free full-fledged meals in the canteen of an educational institution (kindergarten, school);
• providing all the necessary teaching aids free of charge;
• providing students with free stationery sets, notebooks (not valid in all regions of the Russian Federation);
• 30% discount on subscription fees to sports sections, a music school, general developmental circles;
• 70% monthly compensation of the cost of payment for a preschool institution at the expense of funds from the state budget (not valid in all regions of Russia).

Housing subsidies

The housing sector is stingy with benefits in relation to single mothers. Here are the fewest.

• No need for a single parent to pay for garbage from a multi-storey residential building. Valid until the child reaches 1.5 years of age.
• Opportunity to participate in federal and regional housing programs, provided that the single mother is not in the 35+ age category and has no health problems that could affect her ability to work.
• Improving the living conditions of a single mother and her crumbs, subject to the existence of such a need.
• Listing applicants for free public housing out of turn.
• "Discount" when paying for housing and communal services. Not every single mother can apply for such a benefit. Whether or not you qualify for this benefit depends on your total income. It is not entirely easy to determine the availability of such targeted assistance on your own - it is better to initially contact the social protection authorities at the actual place of residence with this question, since only in this case you can get individual advice and the results of relevant calculations.

Important! The status of a “single mother” does not grant the right to use subsidies in the housing and communal services sector, it provides the opportunity to use a targeted subsidy program if the total family income is below a clearly defined level (set minimum). In this case, each parent will have their own personal "discount" for paying for housing services.

Labor law on the side of single parents

A single mother who works is under the reliable wing of the state, which guarantees them a number of indulgences and all kinds of benefits in working conditions.

• Single mothers in Russia who are raising a child under the age of 14 may not worry about the upcoming layoffs, a quarrel with the boss who threatened to pay, etc., since her workplace is firmly fixed to her. Provided that there are no systematic violations of the internal rules of the enterprise, complaints regarding failure to perform official duties, facts of disclosure of commercial information.
• If the state ceases to act as the owner of the enterprise, then the newly-made owner does not have the right to dismiss the single mother. He undertakes to conclude a dismissal agreement with her on the basis of his own motives in exchange for material compensation.
• A parent raising a child alone has the right to count on another privilege - additional, but unpaid leave. As a rule, its duration is a full two weeks, that is, 14 days. You can use such a vacation either one-time (all 14 days in a row), or several times for a certain number of days (for example, 2 times a week).
• No employer who has announced the recruitment can refuse to employ a single mother without explaining the reasons in writing. If this condition is not met, then the woman can apply to the judicial authorities on the basis of a violation of the right of a single mother.

Children are the flowers of life! And every mother will agree with this statement. But raising children is always a delicate and complex matter, and raising them in splendid isolation is a test of fate, after passing which you will become even stronger, and the state will help you with this.

A single mother (single mother) is recognized as a woman who has given birth and is raising a child, who is not married, and if, when registering the child in the registry office, there was no joint application of the parents to establish paternity.

In this case, in the birth record book, the father's surname is recorded according to the mother's surname, and the name and patronymic of the child's father - according to her instructions. That is, the child of a single mother in the birth certificate in the column "father" has a dash, or information about the father is entered from her words. In this case, the mother is issued a certificate in a special form confirming the status of a single mother (form No. 25).

In this case, it is about single mothers – a woman with a child who officially does not have a father, not about single women – a woman with a child and no husband. If a child has an official father, then the mother is no longer single, and it does not matter whether he lives with his mother, takes care and raises the child or not. In this case, such a woman has the right to involve the father in the life of the child, for example, to apply to the court for the recovery of alimony.

In what cases can a woman, and in what cases, cannot be considered a single mother

Is it possible to be married and be a single mother? Yes, it is possible that if a woman has a child in the certificate of which there is a dash in the column “father” or he (the father) is recorded from her words, and she got married, then she does not lose the status of a single mother in relation to this child and remains with her the right to receive a monthly allowance at an increased rate per child. However, if the spouse, after registering the marriage, adopts or adopts a child, then the woman ceases to be a single mother, and loses the right to receive additional benefits.

And you can NOT be married and NOT be a single mother. If the father was entered on the birth certificate or paternity was established.

Count "Father" - a dash or an entry from the words of the mother?

Many single mothers have a question when registering a child: fill in the father column or put a dash? Common stereotypes, mostly erroneous, are even more confusing. Let's try to figure out what the possible consequences are in legal and material terms.

In the event of the birth of a child by an unmarried woman, information about the father of the child is entered:

• on the basis of the record of the act of establishing paternity in the event that paternity is established and registered simultaneously with the state registration of the birth of the child, i.e. the man voluntarily agrees that the child is his and admits it (in this case, the mother is not considered a single mother);
• at the request of the mother of the child if paternity is not established. When a dad voluntarily does not want to become a dad and a woman receives a status single mother.

The surname of the father of the child is recorded according to the surname of the mother, the name and patronymic of the father of the child - according to her instructions. The information entered is not an obstacle to resolving the issue of establishing paternity. At the request of the mother, information about the father of the child may not be entered in the record of the birth of the child (paragraph 3 of Article 17. Federal Law of November 15, 1997 No. 143-FZ "On acts of civil status").

Thus, in the absence of an official father for a child, it is allowed by law to enter a non-existent person or leave a dash in the birth certificate. In both cases, the woman will be considered a single mother, who is entitled to certain benefits and additional benefits.

Let's try to figure out what are the pros and cons of indicating information about the father of the child, as well as the most common misconceptions.

If there is a dash in the father column

If information about the father of the child is indicated on the basis of the application of the mother of the child (if the parents of the child are not married to each other and if paternity has not been established), all information about the father is missing, i.e. dashes are placed in the columns. (Clause 24 of Resolution No. 432 of April 17, 1999 “On Approval of the Rules for Completing Civil Status Record Forms and Forms of Certificates of State Registration of Civil Status Acts”)

pros: There is no need to obtain additional certificates from the registry office that the entry in the certificate was made according to the mother and pay a state fee for this.

Minuses: For many, such a dash hurts the eyes. That is why in some countries (Belarus, Ukraine, Kazakhstan), for ethical reasons, in order not to injure the psyche of children, the dash was canceled, and the entry is made only from the words of the mother.

If the record was made from the words of the mother

pros: Outwardly, the certificate will not differ from those in which the real father is recorded.

Minuses: If necessary, the status of a single mother is confirmed by a certificate in form No. 25. At the same time, the state fee for issuing certificates to individuals from the archives of civil registry offices and other authorized bodies is 200 rubles (Article 333.26 of the Tax Code of the Russian Federation).

Common misconceptions

"The child will have no rights to alimony from the father, as well as inheritance rights."

In any case, whether it is a dash or an entry made according to the mother, the child will not have any rights to receive alimony and inherit property until the issue of establishing paternity is resolved in court.

“Another example confirming the advantages of an empty column is the registration of a child at the place of residence. If the parents are registered at different addresses, then for the permanent registration of the child at the place of residence of the mother, the consent of the father and an extract from the "daddy's" house register are not required.

Note that, upon obtaining the status of a single mother, the absence of a second parent is assumed Therefore, all talk about obtaining consent to register a child at the place of residence or to take a child abroad from the second parent is groundless.

“When a mother and child travel abroad, a notarized permission from the father is required, or problems may arise when crossing the border.”

If a child crosses the border with one of the parents, notarized consent of the second parent for the departure of the child is not required if he did not declare his disagreement to leave in accordance with the procedure established by law. In the event that one of the parents declares his disagreement with the departure of a minor citizen of the Russian Federation from the Russian Federation, the question of the possibility of his departure from the Russian Federation is resolved in court. (Art. 20, 21 of Federal Law No. 114-FZ of 15.08.1996 "On the procedure for leaving the Russian Federation and entering the Russian Federation" as amended by Federal Law No. 7-FZ of 10.01.2003. Letter from the Border Service of the FSB of Russia dated 17.06. 2007 No. 21/1/7/3).

As a safety net (as they say, for reassurance), especially when crossing the Russian-Ukrainian border, you can take a certificate from the registry office in form No. 25 stating that information about your father was recorded from your words. And if suddenly the border guards ask, then show this certificate along with a birth certificate. If you don’t have such a certificate with you, then demand that the Ukrainian border guards draw up a protocol on violation of the regime of stay, indicating the reason. As a rule, this is enough to leave you alone.

The concept of "single mother" in the legislation

The term "single mother", used in everyday life, is not used in regulatory legal acts. And the concept of "single mother" in the current legislation of the Russian Federation differs depending on which branches of law (labor or social security law) are mentioned and for what purposes this concept is used.

The definition of the concept of "single mother" is referred to the powers of the state authorities of the constituent entities of the Russian Federation, therefore the term "single mother" is disclosed only at the level of the constituent entities of the Russian Federation.

The articles of the Labor Code (Art. 261, Art. 263 of the Labor Code of the Russian Federation) use the concept of "single mother", without disclosing its content - who is a single mother. Decree of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1 "On the application of legislation regulating the labor of women, persons with family responsibilities and minors" finally clarified in para. 2 p. 28:

“For the purposes of this provision, a single mother can be classified as a woman who is the only person actually exercising parental responsibilities for the upbringing and development of her children (relative or adopted) in accordance with family and other legislation, that is, raising them without a father, in particular, in cases where the father of the child has died, is deprived of parental rights, is limited in parental rights, has been declared missing, incapacitated (partially incapacitated), for health reasons cannot personally raise and support the child, is serving a sentence in institutions that carry out punishment in the form of deprivation of liberty, avoids raising children or protecting their rights and interests, in other situations”.

Benefits for single mothers in 2019

A single mother (single mother) is entitled to all lump-sum benefits assigned to mothers in connection with the birth of a child. It must be borne in mind that there are:

• federal benefits, which are paid to all mothers on the territory of the Russian Federation without exception (taking into account the district coefficient, in areas and localities where such coefficients are established);
• benefits paid at the expense of the budget of the constituent entity of the Russian Federation. The constituent entities of the Russian Federation, by their regulatory legal acts, independently determine the amount, procedure for assigning and paying child benefits, and also finance these payments from their own budgets. The necessary regulatory legal acts (laws, resolutions) have been adopted in all constituent entities of the Russian Federation.

To receive benefits for single mothers after the birth of a child, you must contact the social protection authorities at the place of residence (RUSZN or social security).

Additional monthly allowance for a single mother (single mother) in Moscow

Each subject of the Russian Federation has its own additional payments to single mothers. Below are benefits for 2019, at the expense of the budget of the city of Moscow, provided for by the Law of the city of Moscow dated 03.11.2004 No. 67, the resolutions of the Government of Moscow No. 911-PP dated 12.28.2004, No. 954-PP dated 12.28.2016.

If income below the value living wage on average per capita established by the Government of Moscow and the conditions for property security are observed in accordance with Decree of the Government of Moscow No. 954-PP, then a single mother has the right to count on a monthly allowance in 2019:

• for children aged 0 to 3 years - 15 000 rub.
• for children aged 3 to 18 years - 6 000 rubles

It is better to apply for these benefits in the period in which sick leave payments do not fall into the last three months, when maternity payments were transferred to a single mother, otherwise the income may turn out to be much more than the established amount.

If a single mother marries, but the husband does not adopt (or adopt) a child, then his income will not be taken into account when calculating and assigning benefits.

Additionally, a single mother can count on:

• for a monthly compensation payment for reimbursement of expenses due to an increase in the cost of living:
  • not receiving child support 300 r.
  • receiving child support 750 rubles
• monthly compensation payment to compensate for the increase in the cost of food to single mothers for children under 3 years old - 675 rubles

Benefits for single mothers

In accordance with paragraphs. 4 p. 1 art. 218 of the Tax Code, the standard tax deduction for each child in 2019 is 1400 rub for each month of the tax period. At the same time, the tax deduction for children is not applied, starting from the month in which the taxpayer's income, calculated on an accrual basis from the beginning of the year, exceeds 350,000 rubles. Therefore, it is possible to use the standard child tax deduction for the entire calendar year for a parent whose income is up to 29,166 rubles monthly.

Double tax deduction.

Such a deduction is granted to the single parent, single foster parent, guardian or custodian of the child, that is, the concept "single parent" replaced by the concept "single parent", which means that the child does not have a second parent, including due to death, the recognition of the parent as missing, the declaration of death.

Thus, the right to receive double the standard tax deduction ( 2 800 rubles), in particular, has a mother if the child is born out of wedlock and paternity has not been established, i.e. in the child's birth certificate issued by the registry office in accordance with paragraph 3 of Article 51 of the Family Code of the Russian Federation, there is no entry about the father or the entry was made at the request of the mother of the child, as well as widows, widowers.

The tax credit is available for every child under the age of 18 and for full-time students up to the age of 24. The deduction for a single parent will be 2,800 rubles, and for the single parent of a disabled child - 6,000 rubles per month.

If the only parent gets married (it does not matter if the spouse (wife) adopts or adopts the child), then from the next month the deduction for the child will be provided to him in a single amount. Therefore, the standard double tax deduction is granted to a single and at the same time single parent.

What if one parent is deprived of parental rights? The deprivation of one of the parents of parental rights does not mean that the child does not have a second parent, that is, that the child has a single parent. And in accordance with Art. 71 of the Family Code of the Russian Federation, parents deprived of parental rights are not exempted from the obligation to support their children. Thus, each of the parents, including the parent deprived of parental rights, if the child is supported by him, is entitled to the standard tax deduction for personal income tax (Letter of the Ministry of Finance of the Russian Federation of June 8, 2009 N 03-04-05-01 / 442).

To receive the standard double child tax credit, you must provide your employer with:

• single mother- copies of the passport and a birth certificate issued by the registry office in the form No. 25, approved Decree of the Government of the Russian Federation of October 31, 1998 No. 1274, which provides for a special entry stating that information about the father of the child is entered in the entry of the act of birth on the basis of an application from the mother of the child.
• widows (widowers)- death certificate of the second parent.

All programs aimed at improving the living conditions of citizens apply only to those who, in accordance with the procedure established by law, are recognized as needing better living conditions after March 1, 2005, when the new Housing Code of the Russian Federation came into force. According to the current housing code of the Russian Federation and regulations (decrees) in each constituent entity of the Russian Federation, citizens who have a provision of living space per family member less than the established accounting norm (square meters of total area per person), which is established by the local authority, are recognized as in need of improved housing conditions. self-government.

In Moscow, the size of such a norm is 10 sq. m. living space for individual apartments and 15 sq. m. for apartments, living quarters in which are provided by decisions of the authorized executive authorities of the city of Moscow to different families (established by Article 9 of the Law of the City of Moscow of June 14, 2006 No. 29 "On Ensuring the Right of Residents of the City of Moscow to Housing" (as amended by the Law of Moscow of September 24, 2008 No. 45).

Thus, single mothers do not have any benefits for the priority improvement of living conditions. Single mothers are provided with housing if the family is recognized as in need of better housing conditions on a general basis.

Labor benefits for single mothers

The Labor Code for single mothers provides for certain guarantees and benefits provided to women in connection with motherhood.

Restriction of work at night

Mothers and fathers raising children under the age of five without a spouse (wife) may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report ( article 96 of the Labor Code of the Russian Federation). Refusal to work at night in this case cannot be considered as a violation of labor discipline. At the same time, the legislator establishes an obligatory rule: such parents must be familiarized with their right to refuse to work at night in writing.

Business trips, weekends and non-working holidays, overtime work

Sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of women with children under the age of three years are allowed only with their written consent and provided that this is not prohibited to them by medical conclusions. At the same time, women with children under the age of three must be informed in writing of their right to refuse to be sent on a business trip, to engage in overtime work, work at night, weekends and non-working holidays. The same guarantees are also provided to mothers and fathers raising children under the age of five without a spouse (wife). article 259 of the Labor Code of the Russian Federation).

Granting additional holidays

For a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without a mother, a collective agreement may establish additional annual leave without pay at a convenient time for them up to 14 calendar days. The specified leave, upon a written application of the employee, may be attached to the annual paid leave or used separately in full or in parts. The transfer of this leave to the next working year is not allowed ( article 263 of the Labor Code of the Russian Federation). However, if the collective agreement does not provide for the possibility of such a vacation, a single mother does not have the right to demand its provision, referring to the Labor Code of the Russian Federation.

Preferential work regime - part-time work

Employer must establish part-time work or part-time work week at the request of one of the parents who has a child under the age of fourteen (a disabled child under the age of eighteen). Moreover, work on a part-time basis can be established both at the conclusion of an employment contract and during the period of the contract and can be established both for a fixed period and without specifying a period. Such employees also have the right to annual leave, the time of work is counted in their length of service as full time (the fact of part-time work is not recorded in work books), as well as all (on a general basis) they are awarded bonuses. In case of part-time work, work is paid in proportion to the time worked or depending on the amount of work performed ( article 93 of the Labor Code of the Russian Federation).

Additional days off, for the care of children with disabilities and disabled since childhood

At the written request of one of the parents, four additional paid days off per month are provided to care for children with disabilities and people with disabilities from childhood until they reach the age of 18 ( article 262 of the Labor Code of the Russian Federation). Unused additional days off in a given month are not transferred to another period and are not summed up.

In what cases can a single mother be fired?

According to Article 261 of the Labor Code of the Russian Federation, termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising these children without a mother, at the initiative of the employer is not allowed, with the exception of:

1. liquidation of an organization or termination of activity by an individual entrepreneur ( Clause 1 of Art. 81 of the Labor Code of the Russian Federation);
2. repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction ( Clause 5 of Art. 81 of the Labor Code of the Russian Federation);
3. a single gross violation of labor duties by an employee ( Clause 6 of Art. 81 of the Labor Code of the Russian Federation):
   • absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) ;
   • the appearance of an employee at work (at his workplace or on the territory of the organization - the employer or the facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication;
   • disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;
   • committing at the place of work the theft (including small) property of others, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;
   • violation of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences.
4. the commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him by the employer ( Clause 7 of Art. 81 of the Labor Code of the Russian Federation);
5. commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work ( Clause 8 of Art. 81 of the Labor Code of the Russian Federation);
6. a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties ( Clause 10 of Art. 81 of the Labor Code of the Russian Federation);
7. submission by the employee to the employer of false documents when concluding an employment contract ( Clause 11 of Art. 81 of the Labor Code of the Russian Federation);
8. in the case of the use by a pedagogical worker, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil ( Clause 2 of Art. 336 of the Labor Code of the Russian Federation).
9. And also at the end of the fixed-term employment contract.

Can a single mother with a child under 14 be reduced?

According to part 3 of article 261 of the Labor Code of the Russian Federation, termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising these children without a mother, at the initiative of the employer is not allowed, except in the cases described above.

Dismissal in the event of a reduction in the number or staff of employees of an organization, an individual entrepreneur is provided for in paragraph 2 of Art. 81 of the Labor Code of the Russian Federation. Thus, based on the letter of the law, single mothers cannot be fired due to layoffs.