What confirms the status of a single mother. Preferential labor regime - part-time work. To obtain, you need to collect such documents
Today, a woman whose child was born out of wedlock cannot be called an outcast: this is her personal choice. The society reacts to such a situation very tolerantly, if we compare the very recent past. As for the legislation, it clearly reveals the attitude of the state towards single-parent families. Which families are considered as such? Where to apply for single mother status? Under what circumstances is it lost? You can find answers to these and other equally serious questions in the process of reading the materials of this article.
Single mother: who is considered one?
Let us consider in what cases a woman can obtain the status of a single mother. Today, it is often possible to observe a situation when a woman is raising her own child on her own after a divorce or the death of her spouse. Is she considered a single mother? It is important to note that Russian family legislation does not provide either the definition of “single mother” or the definition of “single mother,” but it is present in many other legal and subordinate acts, as well as in decrees of federal formations.
So, let's take a closer look at such a concept as a single mother. Who is considered her? Based on legislative acts and regulations, it can be concluded that a single mother is none other than a woman who gave birth to a child without marriage. In addition, the birth certificate of babies should not contain an indication of paternity. By the way, the father can also be named from the words of the mother (). It should be added that the status in question can also be granted in the following situations:
- A mother who gave birth to a child three hundred or more days after the divorce procedure.
- If the paternity of a child born in marriage or less than three hundred days before the divorce procedure is contested.
Single Mother Form 25, assumes that in other cases the status in question is not confirmed. These may include divorce, the death of a husband, or deprivation of parental rights. Nevertheless, this is not at all the same as leaving these women to the mercy of fate. They have a different status. That is why state support in the presented cases is implemented in slightly different directions and legal standards (alimony, benefits).
Single Mother Status: How To Get It?
In order to obtain the status of a single mother, it is necessary to apply to the territorial bodies of social protection of the population. It is there that you can get the appropriate certificate. In addition to the statement regarding the granting of status, the following should be submitted to the structure:
- Identity document (passport).
- Child's birth certificate.
- Extract from the personal account and house book.
- Labor book for those who are not registered at the employment center.
- The following types of certificates:; income statement; a certificate from the employment center when a woman is listed as unemployed; certificate of family composition.
In addition, everything in the smallest detail must be clarified in the state service for social protection of the population. Not all women have a need to obtain a certificate, since the above documentation is sufficient for the purpose of granting benefits. ? Single mothers, as a rule, receive benefits for childbirth and pregnancy, as well as for caring for a child up to 1.5 years old (just like all other women). Of course, local payments also join them.
Lonely mother status
So what does Single Mother status give you? How do I get it? First of all, it is necessary to learn that this status can be acquired under the following circumstances:
- In case of adoption (adoption) of a child out of wedlock.
- The absence of an official father for the child. In other words, the man did not submit an application to the registry office, and also did not determine paternity through the judicial authorities.
- Exclusion of marriage (to confirm this condition, it is necessary certificate of absence of marriage).
- An exception in the birth certificate of a baby is a record about the father (a dash in this place) or a record of the father according to the mother.
In the process of issuing a birth certificate, the mother must immediately receive a certificate of a certain sample from the registry office. This is nothing but. It is important to note that when the mother applies for confirmation of the status only after some time, the employees of the registry office's archive undertake to raise the necessary documentation and issue a certificate. By the way, in most regions this service is paid.
Today people are often interested in how to get the status and how the status of single mother is confirmed. It must be borne in mind that these concepts are equivalent. So, a certificate from the registry office guarantees both receipt and confirmation.
Required Documentation
What is meant for single mothers? To receive a child allowance on a monthly basis (in the case of an average per capita income below the subsistence level in Russia), a single mother must register with the state structure of social protection in accordance with the place of registration. To do this, she needs to provide the following documentation:
- Certificate confirming the fact of the birth of a baby.
- Certificate issued in accordance with the twenty-fifth form from the registry office.
- A certificate regarding the cohabitation of the baby with the mother.
- Certificate of income per capita on average.
- A copy of your passport.
- Labor book (required only for registration of benefits at the regional level).
It is important to note that the registration of a double benefit for a child under sixteen years old is carried out in the manner established by law (for example,). It should be added that the main legislative act in this case is the Federal Law "On benefits to persons with children from the state."
Difficulty confirming single mother status
After considering whether what gives single mother status, it would be advisable to outline the difficulties that may arise when confirming the status in question. Among them are the following items:
- Misunderstanding of the meaning of this status, because widows are not suitable for it; divorced women; women whose children have a father established by a court.
- Difficulties with state structures of social protection of the population in accordance with the actual place of residence, because they are not entitled to assign benefits for children, because the place of registration does not correspond to their area.
- Citizens who want to receive from the state often face difficulties in the process of issuing a certificate for living with a baby guardianship and trusteeship, as well as the passport office). It should be added that the necessary information can be provided by employees of the state service for social protection of the population, where benefits are issued.
Legal and de facto recognition
Single mother ... in Russia a couple of decades ago, such a concept sounded almost like a sentence. So, a woman who decided to give birth to a child out of wedlock was considered dishonest and immoral. Fortunately or unfortunately, those days are over, and single mothers have earned respect in society. In addition, today it is provided by the state.
However, absolutely any social status in the Russian Federation must be endowed not only with visible (factual) grounds - it must be officially confirmed. In other words, not every woman raising a child or children on her own is considered a single mother at the legislative level. It would be advisable to consider this issue in more detail.
Lonely mother by law
A single mother (less often a single father) belongs to a socially unprotected category of people who, in one way or another, enjoy the support and privileges of the state. At the legislative level, this category includes:
- Women who gave birth to a child out of wedlock and do not have official confirmation of paternity. It is important to add that only those cases are considered when in the column of the baby's birth certificate under the name "father" there is a mark "taken into account from the mother's words" or a dash.
- Women who gave birth to a child within three hundred days of the divorce. They have no proof of paternity.
- Women who have adopted or adopted a child out of wedlock.
- Women who gave birth to a child in marriage or before the expiration of three hundred days after the divorce procedure. They have no proof of paternity (the corresponding fact was officially disputed by the father).
It should be added that in all the situations listed above, the status of "Lonely mother" is acquired automatically, and the woman is directly endowed with the right to receive subsidies and benefits from the state, which are formalized exclusively with a personal appeal to the department of social protection of the population.
Cases not covered by the law
Today, society often does not distinguish between the legal categories of “single mother” and the actual (but not protected by law) “single” upbringing of a child or several children. Below are a number of cases where the definition considered in the article is excluded:
- Women who gave birth to a child out of wedlock, however, have confirmation of paternity in fact (that is, the father officially recognized the child or this fact was proven through an appeal to the judicial authorities).
- Women who are divorced and are raising children on their own. In such circumstances, the ex-spouse undertakes to pay alimony for each of the children on a monthly basis. If the ex-husband is dead, the state provides the family with benefits related to the loss of the breadwinner.
- Loss of the status of a single mother is relevant when marrying after the birth of a child. In this case, the woman must have in her hands the appropriate document confirming paternity by the new spouse (that is, the establishment of paternity on a voluntary basis by the non-biological father).
- Widows raising children are not considered single mothers. They are entitled to a monthly survivor benefit for each child.
It is important to note that, being a single mother and having married at the level of the law, however, without establishing the fact of recognition of paternity by the newly-made spouse, a woman continues to enjoy the status of a “single mother”, which, by the way, does not apply to subsequent children.
Let's prioritize
Before every woman who falls into this category, in any case, the question arises about the information that must be provided to the registry office. What decision to make: put a dash (mark the absolute absence of the father) or write down a certain name and surname O? It would be advisable to consider all the advantages and disadvantages of each of the positions presented, as well as the corresponding consequences, both positive and negative.
Earlier it turned out that every woman who decided to raise her baby on her own and take full responsibility for him on her shoulders has the right to put a dash in the column about the father's data. So, even if the father is alive and well, however, in accordance with quite understandable reasons, the mother does not want to allow even the slightest presence of him not only in her life, but also in the life of the baby, no one will ever be able to force her to fix the name of the biological father of the child in official documentation.
Nevertheless, in doing this, a woman should think not only about herself. The fact is that her child (even if born out of wedlock and not recognized by the biological father at the moment), after a certain period of time, may become a claimant to the inheritance, which one way or another will be revealed immediately after the death of the father. Proof of relationship can be a genetic examination. In the case of putting a dash in the corresponding column, it will be much more difficult for the child to defend his own interests, and if you look at the problems from a practical point of view, it is completely impossible.
Second possible option
What does the second case suggest, which consists in recording specific information about the father (last name, first name, patronymic) from the words of the mother? It is necessary to make a reservation right away that a woman should not expect any alimentary payments, benefits and other compensations from the father indicated in the documentation, because she has no grounds for that. All of the above can be claimed only after judicial proof (recognition) of the fact of paternity. Thus, this confirmation serves as a tool for transferring a woman from the legal category of “single mothers” to the actual one. In other words, a single mother has the right to mark absolutely any father in the baby's birth certificate, but neither she nor the child has the right to use this paternity until judicial proof of biological relationship is produced.
It is no secret to anyone what a significant force in Russia today are various subtleties of bureaucratic orientation and the delays they generate. This is exactly what happens in the case of a certain (very possibly even fictional) father. In the life of a baby, and later a fairly independent teenager, nuances may arise when it becomes necessary to allow both parents. For example, a mother who is raising a child on her own does not have the right to leave the country with him without the father's permission, formalized and officially confirmed. Or not a very pleasant, but strong enough example: the intervention of doctors in the health of a baby in especially serious situations in one way or another presupposes notarized consent of both the mother and the father. It is very difficult to imagine how many worries, troubles and nervous fuss a single note registered in the documentation can entail. That is why the registry office employees, who periodically encounter such phenomena, often recommend that single mothers immediately put a dash in the appropriate column. The decision, of course, rests with the single mother. And the only, perhaps, compelling argument is the impossibility, without writing in the column "father", to defend their own right to inheritance for the child.
It follows from the above that today millions of women in the Russian Federation are forced to take on several family and social roles at once. Good or bad, each person decides for himself. However, one way or another, with a positive decision or forced circumstances, it is necessary to know all the rules and nuances of the procedure in order to avoid problems.
Every single mother wants child care benefits and benefits. But not everyone is awarded this status.
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Therefore, before you go and apply, you need to familiarize yourself with who is actually a single mother by law.
What do you need to know?
For legal reasons, she is now considered a widow and cannot take advantage of the benefits of a single mother. In fact, she is raising a child on her own.
What is the right of a woman recognized as a single mother? Her rights are enshrined in both federal and regional legal acts:
- Each of them has the right to receive all benefits that are only possible to receive. They are always slightly higher than for a standard full-fledged family. But this is determined by regional legislation. To clarify information on a specific region, you need to contact the appropriate authority at the place of registration.
- Low-income families are entitled to additional and support.
- When a single mother enters into marriage, her rights remain until the adoption of the child by the new husband.
- An employed woman has the right to receive extraordinary leave at any time convenient for her.
- A citizen has the right to refuse overtime work and work on holidays. Additionally, she may refuse to work at night.
- Has the right to demand a shorter working day. This is regulated by the Labor Law and must be agreed in writing with the employer.
- A single mother has no right to refuse employment. If this is done, then it is necessary to take a written refusal and apply with it to the court.
- A woman can contact the housing inspectorate if she wants to improve living conditions. She gets in line and takes priority.
- The kid goes to kindergarten without waiting in line. And payment is made only in 50% ratio. Provision is possible entirely at the expense of the state.
- A child can eat free of charge at least twice a day at a school. Additionally, he receives free textbooks.
- A single mother has the right to get a ticket to a camp or health center. Either partial payment or full payment is possible.
- It is also entitled to receive preferential medicines from the Ministry of Finance list on a free basis.
- In a medical institution, a child from an incomplete family has the right to be served free of charge, including in a massage parlor.
These rights are regulated in current legal acts.
The legislative framework
Such concepts stipulate several legal acts:
- Plenary Resolution No. 1 of January 1, 2019 regulates the issue of labor relations.
- from 1995 - regulates the issue of all benefits and compensations.
- Plenum Resolution No. 1012N of 2009 - regulates the issue of appointments.
- Plenary Resolution No. 4218-1 of December 1992 - regulates the issue of housing conditions.
- Labor Code of the Russian Federation Art. 74, 77, 79, 261 - regulates the rights of women in labor relations.
Grounds for obtaining status
Grounds for obtaining this status:
- adoption without the consent of the second spouse;
- a dash in the child's birth certificate or the name is prescribed according to the mother's words;
- the father is absent officially;
- the woman is not married.
Single mother: supporting documents
To determine this status, you must come to the social office. protection and provide the relevant documents that confirm the fact of upbringing by one parent.
For help and benefits
Documents confirming a single mother is an opportunity to receive additional benefits.
In addition to the application, you must provide the following package of documents:
- a document confirming the identity of a citizen;
- baby certificate;
- certificate in form 25 (issued by the registry office) in the case of a record about the father from the words of the child;
- income statement (in the form 2-NDFL);
- a certificate from the employment center if the woman is unemployed;
- certificate of family composition;
- an extract from the house book to determine the composition of the family and the absence of debt obligations;
- work book for those who are not registered at the employment center.
An additional package of documents may be required. It is necessary to find out in advance at the center of social protection.
All women recognized as such receive the same benefits as ordinary citizens, but with additional subsidies.
To receive benefits
Many people want to know what documents are needed for registration of a single mother in 2019. To receive, you must register with the social center. protection at the place of registration.
Additionally, you must provide:
- identity document;
- birth certificate of children;
- certificate in form No. 25;
- certificate of cohabitation with the baby;
- a certificate of the availability of wages (2-NDFL);
- work book or a copy of it.
You may need an additional package of documents for the registration of a regional benefit.
How to register?
Registration takes place only upon written application from a single mother.
Where to contact?
It is necessary to apply at the place of registration to social protection or at the place of employment of a citizen. And in either case, a different package of documents will be required.
Statement
The application is written by hand by a single mother. There is a certain format in social protection.
- the name of the authority to which the application of a certain form is submitted;
- personal data, surname, name and patronymic of the applicant, registration address;
- Title of the document;
- the request for assignment of the status is stated;
- a list of the attached documentation;
- date of completion and signature of the applicant.
Identity
Many citizens want to know what document confirms the status of a single mother. This is the identity of a single mother.
Before getting the status of a single mother, you should clarify all the nuances about documents and. Every mother who is not legally married is entitled to subsidiary benefits and status.
To confirm the legal fact, a woman must contact the registry office with a special certificate. The personal data of the child is entered into the certificate, and it becomes a decisive moment in the decision of the authorized body.
A single mother is a woman who looks after or brings up a minor on her own. There is no mention of the father in 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 a father's support have assistance to ensure their livelihoods. But the right of motherhood should be confirmed.
The following facts must be confirmed:
- The 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 looks after or brings up a minor on her own. There is no mention of the father in the child's birth certificate. If the child has a father, then the woman goes to court to obtain alimony, the child has no other allowance. A guardian is allowed to obtain single mother status if the citizen has undertaken a guardianship obligation.
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 a father's support 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 is accepted, a decision is made to start enrolling a woman. A single mother receives documentary evidence, according to which in the future she is credited with benefits, social benefits.
Grounds for obtaining single mother status
Assign the status of a single mother under the following conditions:
- A minor should be born before marriage or after marriage a year later.
- In court, the woman challenged paternity.
- A guardian is allowed to obtain single mother status if the citizen has undertaken a guardianship obligation.
After the official breakup of the relationship, the woman does not receive this status. The birth certificate must indicate that there is a father. You can demand child support.
To apply, you should:
- To confirm the legal fact, a woman must contact the registry office with a special certificate.
- Submit a series of documentation.
- Draw up a statement in a template manner.
In this case, you do not need to pay a state fee.
Statement
Documents are submitted to the social protection authority to fill out the certificate. And you need to write a statement:
- With the name of the organization.
- Personal data of a woman.
- Signed statement.
- A request for a status.
- Supplements.
The application is filled out in writing with truthful information.
You also need to submit a number of documents in addition to the application:
- Children's personal data - copy and original.
- Passport data of the woman.
- Information about the working condition.
- Help in the registry office.
- Information about the property.
- Information about the financial condition.
Only the documents provided above for social protection help in recognizing a citizen as a single mother. Women in most cases perform the procedure after the child is born, the citizen immediately learns about the nuances of obtaining benefits and registration of 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 can receive preferential positions in addition to social benefits.
The child is given privileges in various aspects that help to arrange a decent life. Every aspect of service to people is affected.
Financial opportunities
Separate payments to mothers with fixation are not assigned. But the mother receives dividends:
- After the birth of the child.
- Raising a child up to 1.5 years old.
- Registration at the antenatal clinic.
- After becoming the child's guardian.
Social
When a citizen is recognized as a single mother, then the child is registered in a preschool institution without waiting in line. The educational institution provides free breakfasts and lunches, as well as books.
Children are treated free of charge in a medical institution, drugs are purchased and provided free of charge. Subsidies for utilities are being issued. Individuals pay half of the amount, drawn up separately after submitting the 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 carried out only under two articles if the company ceases to operate or after a citizen has seriously violated discipline. Sick leave for childcare is also paid and increased.
Today, many women are engaged in raising children without the help of their fathers. The financial costs of children are high, so it is difficult to cope with the monetary issue alone.
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They are provided for by the state for single mothers, but only those who have the status of single mothers can count on them.
- by birth;
- caring for a child up to one and a half years old;
- for registration with the LCD before the 12th week of pregnancy;
- a one-time payment for the removal of a child from an orphanage.
Social
If a woman is recognized as a single mother, then her child can go to kindergarten without waiting in line. And also at school he is entitled to free meals and textbooks.
In the healthcare sector, there are also benefits, for example, free receipt of certain drugs.
In the field of housing and communal services, benefits are also laid. But they are usually rarely used. You can get a subsidy for utility bills.
Labor
Labor benefits are also provided: a woman can work without being involved in overtime work, work on holidays and weekends. All business trips must only be carried out with written consent.
A single mother can be dismissed only in the event of the complete liquidation of the organization or for a serious violation under the article.
There are also benefits for sick leave and vacation payments.
Single mothers are entitled to double tax deductions. Moreover, if she has two children, then the deduction will be appropriate.
Benefits
"Single mother who counts"- such a request, oddly enough, is also not uncommon in search engines. Although this is not so surprising: there seems to be a lot of talk about who is considered a single mother, but not everyone knows what this title gives to the representative of the weak half of humanity. At the same time, a considerable number of women who find themselves in such a life situation may well count on state support.
Single Mother - Definition by Law 2018-2019
By and large, the definition of a single mother under the law of 2018-2019 (as well as any other year) does not actually exist. There is only the resolution of the Plenum of the Supreme Council No. 1 of 28.01.2014, which defines a single mother as a woman who alone takes care of and development of her children (both relatives and adopted children).
Who is considered a single mother by this definition? According to paragraph 28 of the said resolution, such is a woman raising one or more children on her own in the presence of the following factors:
- the child's father is dead, limited in parental rights or deprived of them, disappeared, incapacitated, unable to raise a child due to health conditions, is in prison, evades parental responsibilities, etc.
- a joint (mother and father) application for determining paternity was not submitted to the registry office;
- the child was born out of a registered marriage or later than 300 days after the official termination of the marriage relationship (including due to the death of a spouse);
- a child or several children were adopted by a woman at a time when she was not in a registered marriage;
- paternity was not established (even if the baby was born during the official marriage of the mother or within 300 days from the moment of its dissolution);
- it has been proven in court that the man indicated in the child's birth certificate as the father is not a genetic parent.
Thus, it is more or less clear who is considered a single mother by law, now you can move on to the story of what this status gives ...
Single mother status in Russia
The question of what a woman-mother with this “title” can count on deserves special attention. The status of a single mother in Russia gives a woman the right to receive certain benefits and allowances. Some of these are provided for by the law of 19.05.1995 No. 81 "On State Benefits to Citizens with Children".
In addition, additional measures are being developed to help socially vulnerable groups of the population, which include single mothers. Moreover, such measures are taken not only at the federal, but also at the regional / local level, therefore the full list of the rights of a single mother depends on the region in which she lives.
Note that a woman who gave birth to a child in marriage, but later divorced, widowed, or for some reason does not live with the child's father and does not receive material assistance from him, most often cannot be considered a single mother. If the child's father is alive, she can receive child support; if the woman's spouse is killed, she is entitled to a survivor's pension.
Single Mothers Act 2018-2019
Some citizens are confident that Russia has a separate law on single mothers. But are they right? And if such exists, then what legal relations are regulated by it?
To put it mildly, this is a delusion, since there is no special law regulating the payment of additional benefits or the provision of any benefits to this particular category of women. The bulk of legal relations are stipulated in the law mentioned above (on state benefits). The development of legislation in this area, aimed at strengthening the social security of this category of citizens, has been transferred to the jurisdiction of regional and local authorities.
How to become a single mother (how to get this status)?
Despite the fact that the query "how to become a single mother" is not uncommon in search engines, this expression in itself is not entirely correct - it would be true "how to get the status of a single mother." Although this expression, as we have already found out, is also not impeccable from a legal point of view, since there is no legal status of a single mother. And this means that it is not specially assigned in our country and a woman does not have to collect any papers to assign it - it is enough to meet the above conditions.
To receive the same benefits or allowances for each individual woman, she just needs to submit to the authorized bodies (for example, the social protection service of the population) the established set of documents. The set of papers usually includes a written statement, a birth certificate, a certificate confirming the minor's cohabitation with the mother, work book, mother's passport and a certificate of her income. However, depending on the specific situation, other documents may also be required.
Some of the benefits are provided to a woman without contacting special services. So, a working single mother does not need to collect documents to receive maternity benefits - the employer will do it for her on the basis of the sick leave provided.
About benefits and benefits that a single mother can count on
If a woman meets the definition of a single mother, she can count on some kind of help. In general, we are usually talking about:
- On benefits related to an "interesting situation", including those paid to expectant mothers registered before 12 weeks of pregnancy, for pregnancy and childbirth, caring for children until they turn 1.5 years old, benefits at the birth of a child, maternity capital , benefits for children under 1.5, from 3 to 18 years old, etc.
- On providing assistance in kind.
- On benefits for children under 3 years old and children with disabilities.
- On labor benefits, including:
- annual paid leave at any time;
- the impossibility of dismissal for any reason, with the exception of the liquidation of the enterprise (and even then the employer must employ a woman within a period not exceeding 3 months, paying her her average salary during this period);
- payment for sick leave of any duration in connection with the illness of a preschooler, as well as payment for such a period not exceeding 15 days, to mothers with children aged 7-15 years.