Who are the dependents: description, rights, duties and interesting facts

Legislation does not always provide a clear answer to a specific question. An example of this: who are the dependents? You can find a complete description of the concept, rights and obligations of these persons, information on the payments made by them, only by studying the collection of legislative acts. We will share with readers an analysis of this information.

Who are the dependents?

The general definition of the concept is as follows: a person who is on long-term or lifelong material, monetary support from other persons. Russian law to the question "Who are the dependents?" he answers like this: disabled people, most of them with a certain disability group. Note that just an unemployed, but able-bodied person can in no way belong to this category.

As for the rights of dependents, they can be expanded in the field of pension provision - at the loss of the breadwinner. A citizen who has custody of a dependent is entitled to be exempted from paying a certain part of income tax. But we will talk about all the payments in detail a little later.

Dependent categories

The following division is accepted within this category of citizens:

• Individual dependents. All citizens living on material support from another person. As an example: minor children on the content of their parents.
• Dependents of the state, public organization, cooperative, etc. These are pensioners, dependent students (receiving various kinds of scholarships from the state), pupils of boarding schools, etc.

Persons called dependents

We will analyze specifically who these dependents are:

• Minor children, due to their age, are fully financially dependent on their parents or legal guardians.
• Brothers and sisters of an adult who have not reached the age of 18.
• Minors grandchildren.
• All categories of citizens described above if they chose full-time vocational education. Such a characteristic will be maintained by them until a diploma is received.
• Disabled people of all groups.
• Dependents are retired. These are women over 55 years old and men over 60 years old.
• All persons held on life annuity.

Dependents and legislation

Consider what is written in the legislation regarding dependents:

• According to the loss of the breadwinner, monthly payments are made to dependents. The formula by which this material assistance is calculated is confirmed by the pension federal laws.
• Art. 264 of the Civil Procedure Code of the Russian Federation describes the legal fact of finding a dependent person and all operations with his rights.
• The fact that a person is legally dependent is confirmed by authorized bodies: a district court, local administration, etc. The exception to this confirmation is only children under 18 years of age - evidence of minority should not be given.
• GIC necessarily requires an indication of the purpose for which recognition of the person as a dependent is required. There are three most popular here:
  • Receipt of an inheritance.
  • Assignment of benefits in connection with the death of the landlord.
  • Compensation for the death of a breadwinner.

Dependence and Inheritance

An interesting fact: recognition of a person as a dependent of the inheritor gives him some advantages in obtaining an inheritance in accordance with the law. For instance:

• Art. 1147 of the Civil Code of the Russian Federation defines the following: if a person was just a disabled dependent of the deceased breadwinner more than a year before the death of the latter and at the time of this sad event, then he becomes his rightful heir even if he was not related to the deceased custodian.
• If a dependent citizen is not included in the circle of heirs of the deceased breadwinner, then he needs to do the following:
  • To prove the fact of their disability at the time of the death of the landlord.
  • To prove the fact of being dependent on the deceased breadwinner at least one year before the death of the latter.
  • Provide evidence in favor of the fact of cohabitation with the deceased heir.

Surcharge for non-disabled pensioners to a dependent person

The amount of extra payments for a dependent for all cases is limited to three for one family.

Based on this, pensioners whose age has not been transgressed for 80 years will receive the following allowances in the current 2017:

• Three dependents: 5.1 thousand rubles.
• Two dependents: 4.2 thousand rubles.
• One dependent: 3.4 thousand rubles.

Now consider the situation for pensioners of more advanced age - for those who are over 80 years old:

• Three dependents: 7.6 thousand rubles.
• Two dependents: 6.8 thousand rubles.
• One dependent: 5.9 thousand rubles.

However, this is not the only category of citizens who are entitled to a dependent on their pension.

Surcharge for persons with disabilities, including those living in the Far North, per dependent person

Now we will present information on the size of the surcharge, which representatives of the following categories can count on:

• Disabled people of three groups.
• Disabled people living in the Far North.
• Disabled people living in regions equated to the Far North.

It is easier to perceive the data in the form of a table. Let's start with the disabled of the first group.

Now the table of payments for disabled people of the 2nd group with dependents in their care.

And finally, an allowance for a dependent for a disabled person of the 3rd group.

In conclusion, we note that all of the above amounts of payments are accrued specifically to the account of the dependent in the event of the loss of the breadwinner. For a specific example: a citizen was a dependent of a person who was a disabled person of the 2nd group. They lived in the Leningrad region. In 2017, the breadwinner died. The dependent will receive 6.4 thousand rubles a month during the current year.

Surcharge amount

We have indicated the average size of surcharges from the state for dependents to the disabled, pensioners. The exact value for a particular family is calculated by the specialists of the Pension Fund. In their work, they are based on Federal Law No. 400, Article fourteen.

Calculations occur in two stages:

• The exact size of the insurance part of the breadwinner's pension is established. Pension capital on his account for this is divided by the number of months of labor pension.
• The base part is added to the result, i.e. a fixed amount. Its size depends on the age of the landlord, the number of dependents in his care.

Premium conditions

As we have already mentioned, proof of dependency is not needed only if the dependents of a disabled person or pensioner are children under 18 years of age. All other cases require the provision of a certain package of documentation that would confirm the fact that the dependent person is in full custody.

The necessary set of documents specifically for each case is indicated in a special Decree of the Ministry of Labor No. 16/19 pa. The act was approved in 2002. All information in the certificates presented on its list is carefully checked by the Pension Fund staff for relevance and reliability. Only after such a check the breadwinner is charged a premium.

Making pension allowances

To receive a pension supplement for a dependent, the first thing a pensioner or a disabled person must apply to the Pension Fund at the place of residence with the appropriate sample. This document will be considered the main condition for considering your application. Duration of the procedure: 5 working days, with the fact that you immediately provided all the necessary documentation.

As we have already said, the list of documents is individual for each case. It should be made to you by an employee of the local branch of the Pension Fund. The standard set of documentation is as follows:

• ID document.
• Certificate of your income.
• Certificate from the local administration about the composition of the family.
• Birth certificates of dependents (required if these are children under 18).
• Certificate of study at a secondary or higher educational institution (allowance for a dependent student).
• Additionally: a contract for paid tuition, receipts confirming its payment.
• Documentation confirming the existence of expenses specifically for the dependent: checks from pharmacies, specialty stores.

If, in your case, the affected spouse is the dependent, then an approximate set of documents will be as follows:

• Passport - both yours and your spouse (s).
• A certificate confirming your cohabitation in the same apartment.
• Certificate of marriage.
• Labor books - yours and husband (wife).
• Certificate of Income. Needed if the breadwinner continues to officially work.

A small nuance: a pension supplement will be accrued to the one of you whose income in fact will be higher.

Thus, we have established that according to the law, dependents are not just unemployed citizens who are provided by their relatives, spouse. These are specific categories of persons - minors, people with disabilities, pensioners, etc. In order for the breadwinner to receive a pension supplement for the dependent, and the latter should receive financial assistance from the state in case of loss of the landlord, the fact of the dependency must be proved. In addition, the law establishes exceptions for dependents in the field of inheritance of the property of the deceased breadwinner.