What is due to a non-working woman at the birth of a child. Can I claim unemployment benefits? Maternity payments to the unemployed and non-working

Issued lump sum and childbirth, which can be obtained on a sick leave issued in antenatal clinic. But the unemployed can also receive this benefit if they are registered with the Employment Center and officially recognized as unemployed. Also, the allowance for pregnancy and childbirth is issued to pregnant female students of a stationary form of education. In other cases, these are not, and none of the other family members can receive this benefit.

If a woman registers with a antenatal clinic for early term pregnancy, she is entitled to a small payment in addition to the allowance described above. Officially unemployed pregnant women registered with the Employment Center are also entitled to these payments.

After the birth of a child, all women, regardless of the place of work or lack of employment, are entitled to lump sum payments. They are paid by the Social Insurance Fund, the amount depends on the number of children. If a woman already has one or more children, she can get even if she does not work.

Right to maternal capital have all women - citizens of the Russian Federation who have given birth or adopted two or more children.

Women who have given birth are entitled to a monthly allowance for caring for a child up to one and a half years, this amount is issued to the unemployed in minimum size. You need to apply for these payments to the department of social protection at the place of registration, while the child must be registered in the same place as the mother. The amount of the allowance varies by region. If both parents work, then this allowance can be registered either for the father or for the mother, but if the mother does not work, then it is she who must take care of the child, and she receives payments.

Other rights of unemployed pregnant women

By law, if a pregnant woman takes a job, she cannot be denied admission on the basis of her pregnancy. An employer who hires a pregnant woman for this reason is criminally liable.

The exception is cases where the position provides for such qualities that are not compatible with pregnancy.

Both working and unemployed pregnant women are entitled to free medical care at any antenatal clinic or clinic, regardless of the place of residence, you can register at any clinic. Pregnant women are entitled to some

The birth of a child always requires material costs.

The state has taken care of working women who are preparing to become a mother. They are socially protected and even before the birth can receive maternity leave.

But what about non-working expectant mothers? Do maternity pay the unemployed?

The procedure for paying various benefits for pregnancy and childbirth is regulated by Federal Law No. 255 of December 29, 2006.

In accordance with Art. 2 right to maternity payments have:

As you can see, nothing is written about non-working mothers in the law. Therefore, maternity leave is not provided for these categories of persons.

This is due to the fact that the so-called maternity payments are characterized as a compensation for earnings, which future mom does not receive due to maternity leave. A non-working woman has no such income.

The exception is:

Future mothers who were forced to quit due to the liquidation of the employer.
Non-working female students of stationary departments educational institutions. They receive an allowance in the amount of a scholarship, regardless of whether they pay for their education or not.

Thus, maternity benefits for non-working mothers are not allowed. However, the state has provided other payments for non-working mothers.

Regardless of employment, every pregnant citizen of the Russian Federation has the right to social payments. She's supposed to different kinds childbirth and childcare benefits.

The legislation provides for several forms of support for families. At the same time, if previously unemployed mothers were not paid childcare benefits, today absolutely all categories of mothers can count on social benefits.

After the birth of a child, parents have the right to receive 2 types of benefits, which are paid on different conditions:

allowance for caring for a child up to one and a half years;
regional child support.

Regional allowances are assigned and paid in all regions of Russia according to different rules and in different sizes.

There are several types of social support:

The one-time payment for the birth of a baby in 2019 is 16,350.33 rubles.
Monthly support for the first child under one and a half years old is 3065.69 rubles. At the birth of the second, the allowance is 6131.37 rubles per month.

At the birth of a baby, a previously unemployed mother will be offered a choice of 2 options for receiving financial payments:

Further unemployment money transfers
Replacing unemployment benefits with child care benefits.

Important! From 01.01. 2010, a rule was introduced stating that in order to receive monthly allowance for child care up to 1.5 years and regional payments non-working mother must be registered in the same place as the child.

The law of the Russian Federation allows low-income families where a woman works unofficially or does not work at all, to receive food for the baby from the dairy kitchen at the birth of a child until the child reaches 2 years of age.

If there is no dairy kitchen near the place of residence of the family, then the service social protection is obliged to assign to the family regular payments in the form of monetary compensation equal to the cost of food. The amount of such compensation is set at the regional level.

Needy families that are below the poverty line, and parents are not employed, are entitled to payments for the maintenance and upbringing of minor children.

The amount of these payments depends on the number of children. Such support is provided if the income received for each family member does not reach the official value living wage.

In addition, the amount of state support depends on the region where the family lives and, as a rule, is about 300 rubles per month for each child. Thus, a mother with two children will receive an additional 600 rubles a month.

Payments also rely on adult children who study in vocational, higher or secondary technical educational institutions. Mothers pay monthly payments for them until the child completes his studies.

If the family has unemployed mom and an employed dad, then only mom is entitled to claim the allowance for caring for a newborn.

This allowance is intended only for the family member who is caring for the child. By default, it is considered that these duties are performed by a non-working family member.

With a non-working mother, parental leave is also not allowed for a working father.

Unemployed women in a position often ask the question: “Will I be able to get maternity leave if I get pregnant and don’t work?”

The answer will be: "In this case, payments are due, but not all and in a smaller amount than for employed citizens."

According to the law, maternity leave for non-working women is not allowed (with the exception of those women who were fired during the liquidation of the enterprise and students).

Non-working expectant mothers are only entitled to receive child benefits, which are accrued after the birth of the child.

To arrange payments for childbirth, a non-working mother must apply to the social security authorities at the place of registration. She needs to prepare a package of documents confirming the right to use state aid.

Here's what you need for this:

After 10 days from the date of submission of the application and documents, the employees of the department of social protection of the population must decide on the accrual of benefits to the pregnant woman.

For clearance material support from the state to the newborn unemployed woman You should also contact Social Security provide the following set of documents:

Making payments and accruing state support for pregnant women and mothers is strictly regulated by law.

The Social Security Service considers the issue of awarding payments and benefits to the woman within 10 days after receiving the application and supporting documents.

If the woman's application is satisfied, transfers will be made every month no later than the 26th day. Money can be transferred by mail or transferred to a bank account.

Of course, the amount of payments to unemployed pregnant women and mothers with children is very small.

However, this assistance is sometimes the only financial protection for non-working mothers.

During the decree, a woman is entitled to all kinds of benefits so that she has enough money to raise and support a baby until she herself can work. Thus, the state takes care of the young mother and her child. We will talk about what kind of social support a woman is entitled to on maternity leave in this article.

Maternity Benefit Regulations

adopted in Russia the federal law No. 255, which regulates compulsory insurance for temporarily unemployed women due to the birth of a child. The law does not define payments for mothers without official employment even in case of pregnancy, but you can still get support from the state. There are payments due at childbirth, even if the mother does not have a job. If a woman wants to social support from the state, she should register the absence of work in the employment center.

A pregnant woman can count on money from the 30th week of pregnancy, provided that she is registered as unemployed. Due to the lack of work, one can register at any time and no one can refuse this right during the applicant's pregnancy. After giving birth, the mother will be able to take a vacation with the help of sick leave, but immediately after that, she will stop receiving unemployment money.

Unfortunately, mothers who do not work officially, who rely on social benefits, will receive as support from the state much smaller amounts than working citizens receive. Any parent can receive maternity leave. If the husband of a young mother works, then he will be able to receive the necessary support at his enterprise.

Bodies (department) of social protection of the population provide for payments the following categories persons:

families with a child in which parents do not have a job or study;
single mothers who are not formally employed.

These categories of citizens can receive financial support at the place of registration or actual stay.

Nuances of obtaining financial support

Benefits for pregnancy and childbirth cannot be paid to non-working women from the current account of the social insurance authority, where enterprises make monthly contributions. From this account, money can be transferred only to employed mothers who have gone on maternity leave. Moreover, not all unemployed women can count on social support. According to the law, money is relied on only in such conditions:

1. If an unemployed woman was fired from her job during the liquidation of the enterprise.
2. If a young mother is laid off.
3. When studying in an educational institution full-time.
4. Upon termination of the activity of the individual entrepreneur, which was carried out by the pregnant woman.
5. At the end of the powers of notaries.
6. At the completion of a lawyer's license.

If a citizen leaves the enterprise for own will She is not entitled to maternity funding. Only those unemployed pregnant women who are registered with the social security and insurance fund can receive state support. The fund will be obliged to transfer money to them monthly.

A full-time mother of a child, until the child is one and a half years old, can receive money for bearing a fetus, permission from pregnancy and further maintenance.

How to calculate the amount of due payments?

The amount of assistance for an unemployed citizen to care for a small child is calculated based on the amount of unemployment subsidies. If a woman is not employed or was fired at her own request, she can only receive minimum payments equal to 613.14 rubles per month.

When applying for a student allowance, its size will directly depend on the amount of the scholarship received. Day students educational institutions pay payments according to the size of the scholarship established by the federal budget. It doesn’t matter if the girl studies on a budget or contract basis.

If the girl previously worked and was fired, the calculation of the amount of the allowance due to her is carried out taking into account the previously received salary. However, the break in work should be less than a year. In the first 3 months after leaving latest work mothers are paid 75% of the average salary per month, the next 4 months the allowance will be only 60% of the previously received salary. After the expiration of the year, the amount of payments will be reduced to the minimum minimum wage rate.

What payments can a non-working citizen count on?

Regardless of the status, availability of work, every pregnant citizen of Russia has the right to social benefits. She is entitled to benefits during the development of the fetus and to care for the baby. Legislation provides various forms support for families when applying for social security.

There are several types of financial support:

1. One-time payments after childbirth.
2. until they reach one and a half years.
3. Other payments intended to support families with minors and minors.

The one-time payment for a birth in 2017 is 16,350.33 rubles. on a child. Monthly financial support until the baby reaches one and a half years is 3065.69 rubles. At the birth of a second woman, support is due in the amount of 6,131.37 rubles per month. This amount of support is due to part-time citizens working part-time and student students.

If a girl receives an allowance at the birth of a baby, she will be offered a choice of two options for receiving financial support. The first of these involves further transfers of money due to unemployment, the second - the replacement of unemployment payments with payments that rely on child care.

Other payments and their amounts - what support can you still count on?

The legislative provisions of the Russian Federation allow, in which a woman works unofficially or does not work, at the birth of a child, receive food for the baby from the dairy kitchen until the child reaches 2 years of age. In the absence of a dairy kitchen near the family's place of residence, social protection services must assign regular payments to the family, which should be sufficient to compensate for the cost of food not received. The amount of such compensation depends only on the region.

Families below the poverty line, in which parents do not have permanent employment, rely on payments for the maintenance of minors, the amount of which directly depends on the number of children. To receive support, it is necessary that the income received for each family member does not reach the established subsistence level. Also size state support depends on the region where the family lives, but usually is about 300 rubles per month for each baby. That is, a mother of two children will additionally receive about 600 rubles a month.

Payments also rely on adult children studying in higher, vocational or secondary technical educational institutions. For them, the money is transferred to the mother every month until the end of the child's studies.

How can I apply for maternity leave?

For clearance unemployed mother must apply to the social security authorities at the place of residence. She will have to prepare the whole package documents confirming the right to receive state assistance. In order to receive the due support for pregnancy and permission from childbirth, you need to prepare:

1. An application written in any form on the appointment of those due monthly payments.
2. Certificate received in medical institution about pregnancy for 30 weeks.
3. Extract from work book, which should indicate the last place of work. The extract must first be certified by a notary.
4. A document from the employment center that the applicant is officially unemployed.

To this package of documents, student girls will need to attach a certificate from a university or institute confirming the form of education. After 10 days from the date of submission of documents, employees in the bodies of social protection of the population must decide on the possibility of assigning benefits to a woman.

To apply for state support for her young child, an unemployed woman will have to contact the social security service and provide employees with the following set of documents:

personal passport;
the birth document of the baby for which you need to receive benefits;
certificates for other children, if any;
information about the composition of the family;
details of the account to which the benefits are to be paid;
certificate of absence of monthly unemployment payments.

According to the law, which strictly regulates the making of payments and the attribution of state support to pregnant women and mothers, the social protection service must consider awarding payments to a woman within 10 days after receiving the relevant application and supporting documents. After confirming the possibility of transferring support funds, transfers will be made monthly, no later than the 26th day of each month. Money can be transferred both to the applicant's bank account and transferred by mail.

Of course, the amount of subsidies to unemployed pregnant women and mothers is very small. The state is trying to increase the amount of assistance, but so far there is frankly little money. It remains only to hope that in the future the amount of payments will increase, and today it’s easy to get maternity, which you are entitled to by law.

Women who have a job and are insured in the FSS system during pregnancy and after childbirth can count on certain social guarantees in the form of various benefits. Some of them are paid in a fixed amount, and some depend on the amount of salary received. And what benefits are due to pregnant non-working women? After all, they cannot apply for payments to the employer, and average earnings they do not have to calculate benefits. What an unemployed woman can count on in anticipation of a child, we will consider in our material.

Are benefits paid to unemployed pregnant women?

First, let's decide who can be attributed to non-working expectant mothers. In particular, this category may include:

Women who are unemployed, quit, or work without proper registration. Even if a woman works, but at the same time her relationship with the employer is not documented, she cannot be considered working for the assignment of benefits, because her salary is unofficial and insurance premiums in connection with motherhood and illness are not charged to her;
Women - individual entrepreneurs who have ceased their entrepreneurial activities, having deregistered with the Federal Tax Service;
Private lawyers and notaries who have ceased their practice;
Women who were fired due to the liquidation of the company or the termination of the activities of the entrepreneur-employer;
Spouses of conscripts;
Students studying full-time.

If we compare what payments an unemployed pregnant woman and a working woman receive, we will see that part of the benefits are not available to the unemployed due to the fact that they should be calculated from average earnings. In some cases, a woman who does not have a job may be assigned such an allowance, but only in the minimum amount. Let us consider in more detail what payments are available to non-working mothers, and under what conditions.

What payments are due to pregnant unemployed in exceptional cases

Payment for maternity leave - this maternity allowance is not paid to non-working women, but there are exceptions:

Dismissed during the liquidation of the organization, termination of entrepreneurial activities of individual entrepreneurs, lawyers, notaries, within a year before the day they were recognized as unemployed, if they are registered with the employment service, they are entitled to benefits. But, if for workers its size is 100% of average earnings or is calculated from the current minimum wage, then here are the payments due to a pregnant unemployed woman - the minimum fixed amount of 613.14 rubles per month, which for maternity leave for 140 days will be 2822.12 rubles, for 156 days - 3144.65 rubles, for 194 days - 3910.66 rubles. (Articles 7 and 8 of the Law of May 19, 1995 No. 81-FZ, Decree of the Government of the Russian Federation of January 26, 2017 No. 88). For benefits, you need to apply to the social security authority at the place of residence. If a woman receives unemployment benefits, then she will have to make a choice between him and maternity benefits - these payments cannot be received at the same time.
Future mothers - students of universities, scientific organizations and other professional educational institutions can receive an allowance equal to their scholarship. Pay maternity allowance is produced at the place of study, and it does not matter on what basis the student is studying - commercial or budgetary (letter of the FSS of the Russian Federation of 08.09.2010 No. 02-02-01 / 08-3930).

In addition to maternity women who entered the medical register before 12 weeks of pregnancy, a one-time payment(Article 9 of Law No. 81-FZ). Its size is fixed and subject to indexation - today it is 613.14 rubles. This payment can only be received by those who are entitled to maternity benefits, that is, women dismissed during liquidation and full-time students, the rest non-working allowance not supposed to.

What payments are due to pregnant non-working women and mothers

Absolutely all unemployed women have the right to one-time payment at the birth of a child . It can be received by the mother or father of the newborn. A working father will receive an allowance at the place of work, and if an unemployed single mother receives the allowance, or both parents study, then it will be paid by the social security service at their place of residence.

The size of the allowance for a newborn is the same for everyone, and changes only in connection with indexation. From 01.02.2017 it is 16,350.33 rubles. (Government Decree No. 88). The amount received is not affected by the number of already existing children, and at the birth of twins, the allowance is assigned in full for each of them.

Monthly allowance for caring for a child up to one and a half years employed women are kept 40% of their wages, and unemployed women are assigned only the minimum amount: 3065.69 rubles. per month for the first child and 6131.37 rubles. - on the second and subsequent younger children. The allowance for unemployed mothers is paid by the social security authority from the day the child is born until the age of 1.5 years.

Mothers receiving unemployment benefits must choose only one of the two payments - they are not allowed to be applied simultaneously. For student mothers, the right to the allowance is preserved even when continuing their education, but they also need to make a choice: between the maternity allowance and the care allowance up to 1.5 years.

Special allowances for the wives of military conscripts rely regardless of their employment, including the social security authorities pay them to the unemployed. Women receive these payments along with all other benefits due to pregnant women and mothers:

Lump sum allowance to the wife of a conscript soldier Relies on a gestational age of 180 days and the presence of a registered marriage. The amount of the allowance is 25,892.45 rubles. (Article 12.3 of Law No. 81-FZ).
Monthly allowance for a child of a conscript paid from the day of his birth, but not before noon the beginning of his father's service in the army on conscription. The payment continues until the child is 3 years old, but no later than the end date military service father (Article 12.6 of Law No. 81-FZ). The amount of the allowance is 11,096.76 rubles. per month.

What payments are due to a non-working pregnant woman yet:

If there are social indications and a medical opinion, the expectant mother may be entitled to additional nutrition. Its size is set by the regions, they also decide whether to give benefits in cash or in kind.
At the local level, other payments and additional payments to pregnant women, including the unemployed, can be additionally established at the expense of regional budgets.