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Hello, my son graduated from a military school this year, he will continue his service in the Moscow Region, but in another region, he is registered with us and is not going to be discharged, I am a serviceman in line for a subsidy. In accordance with par. 8 p. 1 art. 15 "On the Status of Servicemen" for servicemen provided with accommodation for the first five years of the military (not counting the time of training in the military educational institutions vocational education) the premises occupied by them before entering military service are preserved. They cannot be excluded from the lists of those in need at their place of residence prior to being called up (entry) for military service. In this case, the right to housing remains? Can I get a subsidy for my son? Thank you.

Lawyers Answers

best answer

Degtyareva A.G.(07/06/2018 at 23:16:09)

Good day, dear Yuri!
Social guarantees and compensations for servicemen provided for by the Federal Law "On the Status of Servicemen", federal constitutional laws and federal laws are established for servicemen and members of their families - paragraph 5 of Article 2 of the Federal Law "On the Status of Servicemen".

The same article establishes that family members of military personnel, citizens dismissed from military service to which the said social guarantees, compensation, unless otherwise provided by this Federal Law, other federal laws, include:
- spouse (husband);
- minor children;
- children over 18 who become disabled before they reach the age of 18;
- children under the age of 23 studying in educational institutions full-time learning;
- Persons dependent on military personnel.

I also explain:

1) The right of a serviceman to housing is provided for by Article 15 of the said Federal Law, according to which:
Military servicemen - citizens undergoing military service under a contract, and members of their families cohabiting with them are provided no later than three months from the date of arrival at a new place of military service, service living quarters in accordance with the norms and in the manner provided for by federal laws and other regulatory legal acts Russian Federation.

Office space is provided in settlements in which military units are located, and if it is not possible to provide residential premises in the indicated settlements - in other nearby settlements.

2) At the same time, your son can become (or has already become) an independent participant in the NIS: how as a rule, in personal cards of NIS participants are issued at the military school and attached to the personal file, lists for inclusion in the register are also formed here. And after the assignment of the first military rank of officer, the lists are sent to the regional department housing at the location of the school for further sending information to the Housing Department of the Ministry of Defense of the Russian Federation.
This information should be checked, since at present the inclusion in the NIS occurs mainly automatically.

3) With regard to the para. 8 p. 1 art. 15 of the Federal Law "On the Status of Military Personnel": here we are talking about the preservation of the right to residential premises occupied by military personnel before entering military service, that is, about the premises in which the serviceman was registered and lived before entering military service.

All the best! If you have additional questions and need more detailed advice, please contact, including my e-mail address.
I would appreciate an answer. Hope it has been helpful. Sincerely, [email protected]

best answer

Pritchin Dmitry Alekseevich(07/07/2018 at 13:34:13)

Good day! Yuri! Yes, you can count on receiving a grant to include your son as a member of your family, provided that in the future he will not be discharged and he will not be provided with official housing at the place of service. As an option, let him try to rent a room or apartment at the place of service.

of the Russian Federation in the Review for the 3rd quarter of 2002. pointed out the following: Housing for a serviceman is allocated taking into account all members of his family, including military personnel, if the latter are not provided with housing.

Here is an example from practice:

The military court of the garrison - military unit 10706 partially satisfied the complaint of Zh., obliging the command to pay him gratuitous financial assistance for the construction of an apartment in a housing cooperative in the amount of 100% of the cost of its area, based on the social norm of housing area due to the applicant, his wife and mother, subject to the applicant's right to additional living space as a teacher of a military educational institution of vocational education. The Military Court of the Baltic Fleet upheld this decision.
Military Board Supreme Court The Russian Federation, having considered the case on the protest of its chairman, changed and obliged the military officials to provide Zh. with gratuitous financial assistance for the construction of an apartment in the amount of 100% of the cost of its area, which, based on the social norm of housing area, is due to the applicant himself, as well as to his wife , mother and son, taking into account Zh.'s right to additional space as a teacher in a military educational institution of vocational education.
From the evidence examined, it can be seen that at the time Zh. applied for gratuitous financial assistance, the family of this serviceman included: his wife, mother and son. The applicant's son graduated from the Higher Naval College in 1997, is doing military service under a contract, and is not provided with housing due to military service under the first contract.
In accordance with Art. 15 of the Federal Law of May 27, 1998 N 76-ФЗ "On the Status of Military Personnel", military personnel serving under a contract and members of their families living with them for the first five years of military service are provided with official living quarters or dormitories. During this period (not counting the time of training in military educational institutions of vocational education), they retain the right to the living quarters occupied by them before entering military service. They cannot be excluded from the lists in need of improvement. living conditions at the place of residence before conscription (entry) for military service.
Given such data, the conclusion of the court of first instance that the applicant's son, being an independent subject of military legal relations, was to be provided with housing as a military serviceman, and not as a member of the military serviceman's family, is untenable.

Definition of the Military CollegiumN 5n-62/2001

Wish you success!

Please leave your feedback!

Alexey Vladimirovich(07/06/2018 at 21:51:28)

Hello, Military personnel are recognized as needy by virtue of the provisions of No. 76-FZ and Article 51 of the RF LC in the manner established by Decree of the Government of the Russian Federation of 06/29/2011 No. 512. The specific amount of a subsidy to a military serviceman may vary from length of service, as well as family composition of a serviceman. In accordance with Part 5 of Art. 2 of the Federal Law of May 27, 1998 No. 76-FZ "On the Status of Servicemen" establishes that the family members of a serviceman include: - spouse; - minor children; - children over 18 who become disabled before they reach the age of 18; - children under the age of 23 studying in educational institutions full-time; - other persons dependent on military personnel. At the same time, there is an exception: family members of a serviceman who are cadets of military or other specialized educational institutions (Ministry of Emergency Situations, Ministry of Internal Affairs, Federal Penitentiary Service, etc.) are denied a subsidy for the purchase of housing. Therefore, you will not be given a subsidy for a son who is a cadet.

In accordance with paragraph 1 of Art. 15 of the Federal Law of May 27, 1998 No. 76-FZ "On the Status of Military Personnel", military personnel - citizens who entered into a contract for military service before January 1, 1998 (with the exception of cadets of military professional educational organizations and military educational organizations higher education), and members of their families cohabiting with them, recognized as in need of housing, federal agency the executive branch, in which federal law provides for military service, is provided with a subsidy for the acquisition or construction of residential premises or residential premises that are in federal ownership, at the choice of these citizens in the ownership free of charge or under an agreement social recruitment with the specified federal executive body at the place of military service, and upon dismissal from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staff measures with a total duration of military service of 10 years or more - according to the chosen place of residence in accordance with the norms for the provision of living space provided for in Article 15.1 of this Federal Law.

In this regard, questions arise about who should be considered members of the family of servicemen who are entitled to housing at the expense of the Ministry of Defense of the Russian Federation, and are the parents and adult children of a serviceman members of his family?

According to Article 2 of the Federal Law of May 27, 1998 No. 76 "On the Status of Military Personnel", family members of military personnel, citizens discharged from military service who are subject to social guarantees, compensation, unless otherwise provided by this Federal Law, other federal laws, include :

spouse (husband);

minor children;

children over 18 who become disabled before they reach the age of 18;

children under the age of 23 studying in educational institutions full-time;

military dependents.

When deciding who should be classified as family members of a serviceman who have the right to housing, one should be guided by the norms of the Housing Code and the Family Code of the Russian Federation. This position is indicated in the Decree of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2014 No. 8 “On the practice of court consideration of legislation on military duty, military service and the status of military personnel”.

In accordance with Part 1 of Article 69 of the Housing Code of the Russian Federation, family members of a tenant of residential premises under a social tenancy agreement include his spouse living with him, as well as children and parents of this tenant. Other relatives, disabled dependents are recognized as members of the tenant's family under a social tenancy agreement, if they are moved in by the tenant as members of his family and work with him common household. In exceptional cases, other persons may be recognized as family members of the tenant of residential premises under a social tenancy agreement in a judicial proceeding.

In accordance with Article 2 of the Family Code of the Russian Federation, family members include: spouse, parents and children (including adopted children).

Thus, as can be seen from the literal interpretation of the meaning of the above articles, in housing legal relations, parents and children refer to family members of a serviceman, including adopted ones (provided cohabitation) regardless of age, their education in educational institutions, the presence of disability and dependency.

The main criterion for recognizing children (parents) the right to housing from the Ministry of Defense of the Russian Federation will be their place of residence. That is, if a child lives together with his military parent, then he is covered by a social guarantee associated with the provision of 18 square meters of housing for him, if the child lives separately, it does not apply. Similarly, the issue is resolved in relation to the parents of a soldier.

Hello. I have 2 daughters. The eldest is 23 years old. Married, but registered in service apartment together with us. This year I have 20 years of military service. I get the right to improve my life. conditions at the chosen place of residence. I want to write for a housing subsidy, I signed a contract up to the age limit for staying on the aircraft. Will the eldest daughter be included in the family to receive HS?

Irina Stepanova, offhand:

"So, once again, let's remember who belongs to the family members of a serviceman in accordance with Part 5 of Article 2 of the Federal Law "On the Status of Servicemen":
“Members of the families of military personnel, citizens discharged from military service, who are subject to the specified social guarantees, compensations, UNLESS OTHERWISE IS ESTABLISHED BY THIS Federal Law, OTHER FEDERAL LAWS, include:

Spouse (husband);
minor children;


dependents of military personnel.

However, in everything related to housing legal relations, OTHER is established by ANOTHER Federal Law, namely, Article 69 of the Housing Code of the Russian Federation:

1. Family members of a tenant of residential premises under a social tenancy agreement include his spouse living together with him, as well as children and parents of this tenant. Other relatives, disabled dependents are recognized as members of the tenant's family under a social tenancy agreement, if they are moved in by the tenant as members of his family and run a common household with him. In exceptional cases, other persons may be recognized as family members of the tenant of residential premises under a social tenancy agreement in a judicial proceeding.

And it brings complete clarity to this issue:
PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

ON SOME APPLICATION QUESTIONS
COURTS OF THE LEGISLATION ON MILITARY DUTY,
MILITARY SERVICE AND STATUS OF MILITARY SERVICE

22. When considering the applications of servicemen related to the exercise of their right to housing, it must be borne in mind that the grounds and procedure for providing servicemen with housing are regulated both by the Federal Law “On the Status of Servicemen” and by the norms of the housing legislation of the Russian Federation.
(As amended by the Decree of the Plenum of the Supreme Court of the Russian Federation dated February 6, 2007 N 6)
….
On the grounds established by law, residential premises are provided to servicemen and members of their families living together with them. When deciding who should be classified as family members of a serviceman who have the right to housing, one should be guided by the norms of the Housing Code of the Russian Federation.

As you can see, in housing legal relations, children are members of the family of a serviceman (subject to cohabitation), regardless of age, training, work, etc.

The following questions are often asked: “My daughter got married, changed her last name, was she legally excluded from my family members, and me from the queue for improving housing conditions?”. The answer is contained in article 69 of the Housing Code of the Russian Federation, which does NOT contain any restrictions on this matter.
Moreover: a serviceman (if desired) has the right, in the prescribed manner, to move in the spouse of his daughter, recognize him as a family member and demand the provision of housing, taking into account this spouse, that is, 18 sq. more meters. True, this is not always advisable, but this is already a “worldly” issue, and not a legal one ...

It only remains to add that the illegal exclusion from the waiting lists must be challenged in court."
http://don-advokat.ru/army/?p=113

"In accordance with paragraph 5 of Article 2 of the Federal Law of May 27, 1998 No. 76-FZ "On the Status of Military Personnel", social guarantees and compensations, which are provided for by this law, federal constitutional laws and federal laws, are established:

military personnel and members of their families;

Citizens discharged from military service in the Armed Forces of the Russian Federation, other troops, military formations and bodies, the United Armed Forces of the states - members of the Commonwealth of Independent States, and members of their families;

Citizens discharged from military service in the Armed Forces of the USSR, border, internal and railway troops, civil defense troops, state security agencies and troops, other military formations of the USSR, and members of their families.

The family members of servicemen, citizens discharged from military service, who are subject to these social guarantees, compensations, unless otherwise provided by this law, other federal laws, include:

Spouse (husband);

Minor children;

Children over 18 who become disabled before they reach the age of 18;

Children under the age of 23 studying in educational institutions full-time;

Persons dependent on military personnel.

According to Part 1 of Article 69 of the Federal Law of December 29, 2004 No. 188-FZ "Housing Code of the Russian Federation", family members of a tenant of residential premises under a social tenancy agreement include his spouse living with him, as well as children and parents of this tenant. Other relatives, disabled dependents are recognized as members of the tenant's family under a social tenancy agreement, if they are moved in by the tenant as members of his family and run a common household with him. In exceptional cases, other persons may be recognized as family members of the tenant of residential premises under a social tenancy agreement in a judicial proceeding.

Paragraph 22 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated February 14, 2000 No. 9 "On Certain Issues of the Application by Courts of Legislation on Military Duty, Military Service and the Status of Military Personnel" explains that when resolving disputes related to the recognition of a person as a family member of a tenant of residential premises under an agreement social hiring, the Courts need to take into account that the circle of persons who are members of the employer's family is defined by part 1 of article 69 of the Housing Code of the Russian Federation. "

Question:

Hello! My father, when he retired in 1999, received a state housing certificate. I was also included in it. On GZhS, he purchased a 2-room apartment in St. fractional ownership, 1/3 for each family member (19 square meters each).

In August 2014, I applied for recognition as in need of better housing conditions (for permanent housing). I submitted the documents to the Western Department of Housing (St. Petersburg), the accounting norm for providing housing is 9 square meters. When submitting documents, I was denied the right to receive housing, citing the fact that my father at one time received a GZHS, in which I was included as a family member and, thus, received a share in my father's apartment. So from the military department I was already allocated living space - according to my father's certificate. In addition, I was told that I did not have the right to demand the provision of housing or subsidies, even in connection with the increase in the composition of my family. I have not received a written response yet.

I graduated from a military school in 1999 and serve in the Russian army. The family consists of three people. My wife does not own housing and never had it, my wife and child live with me in a hostel. I gave my share to my mother in 2006, as my parents divorced and decided to sell the apartment and leave. I have never lived in this apartment and was not registered.

It turns out that I, being the son of a former military man, will never be able to claim to improve the living conditions of my family?

Peter

Answer of the head of the department of the Main Military Prosecutor's Office, Major General of Justice Maxim Toporikov:
Article 15 of the Federal Law "On the Status of Military Personnel" (as amended in 1999) guarantees the right of military personnel to housing, both in the form of providing direct housing, as well as at the expense of state housing certificates for the purchase and construction of housing provided by funds from federal budget as well as extrabudgetary funding sources.

Guarantees of legal and social protection of military personnel also apply to citizens discharged from military service and members of their families, which include spouses, minor children, children over 18 who become disabled before they reach the age of 18, children under the age of 23 years old, studying in educational institutions full-time, and other dependents of military personnel.

Thus, in the event that your father, a military man, was recognized as needing housing before you graduated from a higher military school, you, as a member of the military man's family, realized the right to housing by receiving a GZhL by your father. Subject to the expiration of the period stipulated by Article 53 of the Housing Code of the Russian Federation for the deliberate worsening of your living conditions by you, you, as a serviceman, and members of your family have the right to be recognized as needing housing in the manner and under the conditions established by the Federal Law "On the Status of Servicemen", others federal laws and other regulatory legal acts of the Russian Federation, at the expense of the federal budget.

Illegal actions of officials who violated your rights, you can appeal to a higher official, the nearest military prosecutor or in court.

Hello Sergey.

There is no statutory age limit for your son, the main thing is that he be a member of your family, live with you and be included in the family of a military man in his personal file.

I must warn you that if you receive a subsidy for a son, and he claims to military mortgage, then he may be denied it, since his state provided housing as part of your family.

Federal Law "On the savings-mortgage system of housing for military personnel"

Article 9

3. The basis for the exclusion of a serviceman by the federal executive body, in which the federal law provides for military service, from the register of participants is:

3) fulfillment by the state of its obligations to provide a serviceman during the period of military service with living quarters (with the exception of specialized living quarters). housing stock) in another way provided for by the regulatory legal acts of the President of the Russian Federation at the expense of the federal budget.

Sincerely! G.A. Kuraev

Every soldier in our country who does not have his own home dreams of it, having bought it either on a mortgage or received from the state.

The legislation of the Russian Federation provides for such an opportunity, but few people know about it.

What rules of law govern? Is it possible to privatize federal housing?

Let's consider all this in more detail.

Legislative regulation

To date, the issue of providing housing for military personnel is regulated by such legislative acts:

Latest news and changes

If speak about breaking news, then according to the last Decree of the President of the Russian Federation military personnel cannot be transferred to the reserve if they do not have their own housing. However, this rule applies to those who have served 10 years or more.

According to this decree, the transfer to the reserve can only occur with voluntary consent the soldier himself.

In addition, regulatory authorities must without fail before leaving a serviceman to the reserve, check the provision of housing or subsidies for the construction of residential real estate.

Housing options

Subsidy

In Order Ministry of Defense of the Russian Federation No. 510, as well as Article 15 of the Law of the Russian Federation “On the Status of Military Personnel”, clearly spell out the conditions under which a subsidy can be provided.

In particular, these are conditions:

• if the contract was concluded before January 1998 (with the exception of cadets and graduates of universities), and at the same time the military personnel are recognized as being in dire need of living space;
• the serviceman was transferred to the reserve for health reasons or for downsizing, but at the same time he managed to serve 10 or more years, and was recognized as in dire need of residential real estate. It is worth noting that this also includes those servicemen who are transferred to the reserve due to age;
• military personnel who served 20 or more years, while they used service housing.

It should be noted that the subsidy provided is one-time cash. It was formed as an alternative to the regular housing queue.

To receive this subsidy, you must be recognized as in dire need of housing. This recognition procedure is clearly spelled out by Federal Law No. 76, as well as Article 51 of the Housing Code of the Russian Federation.

Recognition requires apply to the executive branch(department) and provide the relevant list of documents.

The decision is made within one calendar month.

At calculation of the subsidy for the purchase or construction of housing for a soldier is based on 3 factors, namely:

• the very area of ​​\u200b\u200bhousing, which is due to a soldier;
• standard cost per meter of housing (taken into account average price throughout the country in the form of a coefficient that changes every six months);
• coefficient, which directly depends on the number of years of service of a serviceman.

If we talk about the required area of ​​​​housing for a serviceman, then according to the standards approved by the Government of the Russian Federation, they rely on one 33 square meters. In the event that the family consists of 2 people, then 42 sq. meters, 3 and more - 18 sq. meters for each family member.

Provision of residential premises (located in federal ownership) to the property or under a social contract of employment

Federal-owned housing can be provided to military personnel who have been in the service under a contract since 1998, with the exception of cadets of military institutions, including members of their families directly at the place of service. At the same time, it is necessary to be in dire need of housing.

• officers who signed their first contract after 1998 and are living with their families;
• foremen, sergeants, midshipmen and warrant officers, soldiers and sailors who signed a contract after 1998 and live with their families;
• military personnel who received a military education after 1998 and at the same time received an officer rank after graduation. It should be noted that at the place of service they live with their families.

It must be remembered that real estate under a social contract is provided for the entire period of military service. The real estate itself is provided directly in the military camps of the closed type.

Moreover, after receiving such real estate, the serviceman is not deregistered as one who no longer needs housing.

As with the subsidy, this requires recognition of the need for housing. Thus, it is mandatory to apply to the Department of Executive Power and draw up a relevant application together with them.

After that, the employees of the department will bring the serviceman into single register as in dire need of housing.

After that, the department makes a decision on the provision of housing and, if available, sends a notification to the soldier with an offer. In turn, the serviceman gives his consent to the provided housing and after that, he is informed which documents must be provided within 30 calendar days.

If we talk about ourselves documents that are needed, we are talking about such as:

• a copy of the passport of the soldier himself, and of each member of his family with whom he lives. If they have minor child You must also attach a copy of his birth certificate;
• a document that confirms the fact of the absence of their living space;
• bank statement for the last 5 years;
• if there are any benefits that are not related to the status of a military man, you must attach a copy of the certificate that confirms the availability of benefits.

Allocation of service housing

Service housing can be provided to all servicemen under a contract, regardless of military rank.

In turn referred to as service housing:

• premises in a hostel;
• living quarters in houses with social services for citizens;
• living space allotted social protection the population at the request of the relevant authorities of the military unit where the serviceman is serving;
• living quarters for orphans or children who for some reason were left without guardianship.

It should be noted that all residential premises are allocated from the state or municipal fund.

Who has the right

Get a subsidy may those military personnel who meet certain conditions, namely:

It should also be taken into account that the members of the serviceman's family themselves have the right to use this program.

More specifically, the widows of dead servicemen have the right to apply if they do not have their own living space and they urgently need help with this. When calculating the area of ​​\u200b\u200bhousing laid by him, the share of her deceased spouse will also be taken into account.

List of required documentation

According to federal law on the provision of subsidies for military personnel and Article 51 of the RF LC, it is necessary, in addition to the application itself, to provide list of such documentation, how:

• copies of passports of all family members without exception, as well as birth certificates, if there are minor children;
• a certificate from the military unit of a serviceman (this also applies to widows), which can confirm the number of years of required military experience;
• a copy of the marriage registration certificate;
• a copy of the certificate, which can confirm the existence of other social benefits(this means, for example: a certificate large family etc).

If we talk about the period of consideration of the application, then the decision is made no later than 30 calendar days from the date of acceptance by the Department of Executive Power of documents from the applicant for a subsidy.

On average, the period for consideration of an application is up to 20 calendar days.

Possibility of privatization of provided housing

According to the Federal Law “On Military Personnel”, there is an opportunity to privatize housing for those military personnel who have served for more than 20 years.

This right also applies to those military personnel who were retired for such reasons, how:

• in connection with the retirement age;
• due to poor health;
• due to abbreviations.

All of the above military personnel have the full right to privatize real estate, which was provided from the municipal fund. A distinctive feature is the fact that you can privatize for any family member.

In order to privatize such real estate, it is necessary to prepare a list of such documentation, how:

• originals and copies of passports of all family members, including birth certificates of minor children;
• consent of all family members to privatization;
• original certificate of the number of family members registered in the apartment;
• original contract of employment;
• a copy of the personal account;
• extract from the register;
• receipt of payment of state duty.

It should be noted that during privatization it is necessary to pay state duty in the amount of 2000 rubles.

The privatization itself is carried out in the same way as the usual one. Any distinctive features this is not.

See the following video about the provision of housing for military personnel:

admin 27.01.2017

This article discusses the rights to receive a housing subsidy for the acquisition or construction of residential premises for military personnel, persons discharged from military service, and other categories of citizens in accordance with the law of the Russian Federation "On the status of military personnel".

Click on diagram to view full size (new window)

🔵 The main condition for obtaining a housing subsidy

The table above shows that the main condition for receiving a housing subsidy is recognition of a soldier in need of housing. Recognition as in need of housing in the Ministry of Defense of the Russian Federation occurs regional offices(link) housing (and their territorial departments), and in other ministries where the law provides for military service - housing (housing) commissions.

See in detail here: Recognition of a serviceman as needing housing for permanent residence.

🔵 How eligibility for a housing allowance depends on years of service

The next condition for receiving a housing subsidy is the presence of a certain length of service - depending on the date of conclusion of the first contract.

For those who entered into the first contract before January 1, 1998, the length of service did not matter - from the very beginning of the housing subsidy in 2014, since the first five years for which service housing is provided have long since passed. And on the day of preparation of this material, all those who signed the first contract before January 1, 1998 already have a length of service of 20 years in calendar terms.

For those who entered into the first contract after January 1, 1998, a prerequisite for receiving a housing subsidy is the presence of a calendar length of service of 20 years. For those dismissed on the so-called preferential grounds (state of health, organizational and staffing measures and reaching the age limit for military service) - at least 10 calendar years.

🔵 The right of discharged military personnel to receive a housing subsidy

Citizens discharged from military service are also eligible for a housing subsidy under certain conditions:

• ⭐ if a citizen during the period of military service was recognized as needing housing;
• ⭐ if the citizen was dismissed while remaining on the waiting list.

Confirmation of recognition as needing housing for former military personnel of the Ministry of Defense is inclusion in a single register posted on the official website of the Ministry of Defense. For other ministries, where the law provides for military service, confirmation is the Decision (Minutes) of the meeting housing commission. Dismissal with leaving in the waiting lists is confirmed by an extract from the dismissal order.

It is not uncommon for a serviceman, during the period of military service, to be recognized as in need of housing, but still fired without being left on the waiting list. The reasons may be:

• ❗there is no sufficient length of service;
• ❗there is no “preferential” reason for dismissal;
• ❗not knowing the law and their housing rights;
• ❗passive behavior of the serviceman himself (did not file a relevant report).

Such citizens, dismissed from military service, cannot count on receiving a housing subsidy.

Do you have any questions? Sign up for an online consultation with an experienced military lawyer - a specialist in the field of military housing law

🔵 The right to receive a housing subsidy for family members of a deceased (deceased) serviceman

Family members of a serviceman (with the exception of a serviceman who is a participant in the NIS) are entitled to receive a housing subsidy:

1. if a serviceman died (died) during the period of military service,
2. if, after completing military service under a contract, a citizen died (died) after being discharged from military service

In the first paragraph, housing subsidies are provided in any case and do not depend on any conditions (length of service, date of conclusion of the first contract, etc.).

In the second case, a housing subsidy is provided on the condition of dismissal upon reaching the age limit, for health reasons or in connection with organizational and staff measures, with a calendar length of service of 10 years or more, or, regardless of the basis for dismissal, with a calendar length of service of 20 years or more.

one more prerequisite provision of a housing subsidy under the second paragraph is that the soldier during the period of military service was recognized or could be recognized in need of housing.

🔵 Features of calculating the subsidy by family members of the deceased (deceased) serviceman

1. ⭐ When determining the number of family members taken into account deceased soldier.

The soldier has a wife and two children. In the event of the death (death) of a serviceman, his widow will have to submit an application and indicate the deceased serviceman in the appropriate column “family composition”, that is, the family composition will not be three, but four people.

1. ⭐ Applied maximum coefficient 2.75 - regardless of length of service.

The deceased (deceased) soldier had 20 years of service. In the "usual" case, the coefficient provided for the length of service from 20 to 21 years, that is, 2.45, is applied. In this case, the maximum is applied, that is, the one that is provided for a length of service of 25 years or more - 2.75

For more information on housing allowance calculations, see Housing allowance calculator for military personnel

🔵 Who is eligible for a housing subsidy at the chosen place of residence

housing subsidy is provided by transfer to the account of a serviceman, which can be opened anywhere. Therefore, even such concepts as “receiving a housing subsidy at the chosen place of residence” and “receiving a housing subsidy at the place of service” ordinary person causes bewilderment. You can read more in my article “Receiving a housing subsidy“ at the place of service ”and“ at the chosen place of residence ”, published in issue 7-8 of the journal“ Law in Armed Forces» for 2016. The article provides a detailed analysis of the legislation, as well as a grammatical analysis of the rules of law and clarification of how errors in legal technique led to a misinterpretation of the law.