You can pay off a car loan with maternity capital. Pay off a car loan with maternity capital. How to prepare documents for a loan for maternity capital
Is it possible to repay a car loan with maternity capital?
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Strict control over the use of budget funds greatly limits the possibilities of spending maternity capital. Legislators are constantly introducing bills that would allow funds to be spent on expenses that are relevant for large families. One of these opportunities is permission to use maternity capital to repay the loan.
Not all certificate holders know whether it is possible to close a loan with maternity capital in 2020, what types of loans they are allowed to pay, and how to do this by law. An analysis of the existing legal framework will help clarify these issues.
What the law says
The basic law regulating the expenditure of maternity capital funds - Federal Law No. 256 (December 29, 2006) - prohibits any cashing out of funds and strictly defines the options for using the subsidy.
Permitted uses:
- expenses for improving living conditions;
- increase in the funded part of the mother's pension;
- spending on children's education;
- acquisition of goods and services intended for social adaptation and integration of disabled children into society;
- monthly payments for the 2nd child.
As can be seen from the general list, it is not clear whether the loan can be repaid with maternity capital.
More complete explanations of spending options are set out in the Rules for the allocation of family capital (No. 826 of December 12, 2007, No. 926 of December 24, 2007, No. 380 of April 30, 2016).
In the Rules:
- when allocating funds to education, loans are not mentioned;
- Articles of the Rules on the improvement of housing conditions and on social adaptation directly allow the Pension Fund to send money only to the account of the certificate holder in a credit institution.
According to the norms, it is allowed to repay loans with maternity capital if they are taken for the purchase, reconstruction or construction of housing, as well as for the purchase of services and goods that allow disabled children to adapt to society.
Important! It is strictly forbidden to use maternity capital funds for current family expenses. The exception is one-time and monthly payments.
Trying to limit the waste of budget money for other purposes, as well as to avoid fraudulent activities, the state requires a detailed report before sending funds to one or another credit organization.
What kind of loan can be repaid with maternity capital?
To understand in which cases it is legal to repay a loan with maternity capital, and in which cases the Pension Fund of the Russian Federation will refuse to provide the amount, you should understand:
- lending programs;
- state requirements for their form;
- conditions for providing funds.
Loan programs
Credit and financial institutions provide citizens with a wide variety of programs.
The most common include:
- housing loans and mortgage lending;
- loans for motor vehicles;
- consumer loans for specific purposes;
- consumer loans without the need to determine the purpose for using the funds;
- microloans;
- social and trust programs.
In addition to the division according to the criteria for intended use, the method of obtaining a loan also differs.
Programs are divided into:
- cash loans;
- non-cash payment for the borrower for goods and services;
- provision of funds to a bank account or card.
Both criteria affect the possibility of using a subsidy.
Attention! Legislation automatically cuts off those loans that citizens receive in cash, fulfilling the main condition of the support program - the ban on cash withdrawals.
Thus, most consumer loans are removed from the list of acceptable ones.
Do you need information on this issue? and our lawyers will contact you shortly.
Requirements for repayable loan
When deciding which loan can be repaid with maternity capital, you should remember that by law you can transfer money to the bank if it has issued a loan to the certificate holder that meets state requirements.
Basic requirements for housing lending:
- the loan can be taken for the purchase, construction, repair and reconstruction of family housing;
- it is allowed to provide the immovable object of the contract as collateral to a credit organization (mortgage);
- the loan agreement must specify the purpose of receiving funds;
- housing must be suitable for a family to live in (not be in disrepair, have the necessary communications, etc.);
- during construction, money will be transferred to the bank only if the area of the building increases as a result;
- registration of housing as family ownership is mandatory (each family member must become the owner of a share).
Basic requirements for loans for the purchase of goods and services for the rehabilitation of disabled children:
- the purchased product or service must be included in the list of acceptable ones (Order No. 831-r dated 04/30/16);
- the purchase must be made on the territory of the Russian Federation;
- the purchase must not duplicate a product/service provided by the state using federal funds;
- the decision to provide funds is made by the Pension Fund;
- upon purchase, social support authorities must sign an act of availability of the product/service.
When writing an application to the Pension Fund for the transfer of funds to repay the loan with maternity capital, you will need to provide documents proving the purity of the transaction and the legality of its completion.
In what cases will the Pension Fund refuse to transfer funds?
The Pension Fund has the right to refuse the transfer of funds if, during an inspection, it establishes violations of the law or suspects the owner of the certificate of misuse of funds.
Families are prohibited from:
- provide false information to the Pension Fund about yourself and the object of the credit transaction;
- hide information that may affect the refusal to transfer funds;
- submit false documents to the Pension Fund;
- participate in schemes for cashing out maternity capital funds;
- exaggerate the cost of purchased goods and services.
Conditions for providing funds to MK for loan repayment
Maternity capital can only be spent if the child, after whose birth the right to a certificate arose, is three years old. The exception is loans for improving housing conditions. You can use the funds to pay for them as soon as you receive the certificate.
You can send funds for a housing loan:
- for a down payment;
- repayment of part of the principal debt;
- payment of interest;
At the same time, the time of opening a loan is not important. You can even pay off loans that were received before the family became eligible for the certificate.
Is it legal to repay a consumer loan with maternity capital?
The concept of “consumer credit” includes the provision of funds by banks to citizens for the purchase of various goods and services.
The list of goods for which you can get a consumer loan is huge, for example:
- real estate;
- motor transport;
- small and large household appliances;
- furniture;
- specialized equipment;
- products, etc.
According to the law, maternity capital can be used to repay a consumer loan if the product or service relates to the purpose permitted for use.
Attention! If a consumer loan is taken out for food, household items, furniture and other things that ensure the current order of life of the family, the right to repay it with maternity capital will not arise.
Exception to the rules - One-time payment
The legislation allows only one exception, which allows you to spend maternity capital to repay a consumer loan without any restrictions. This is a one-time payment, as well as monthly payments for the 2nd child.
The opportunity to receive a one-time payment from maternity capital was provided in 2009-2010 and 2015-2016. The last time it could be sold was until November 30, 2016, the amount was 25,000 rubles. At the same time, no control was established over the expenditure of funds.
In 2016, about a million program participants took advantage of the opportunity to receive cash.
The possibility of extending this practice into 2017 was considered in the first quarter. However, on March 3, news came that the proposal to issue part of the family capital in 2017 would not be submitted to the Cabinet of Ministers. This is due to the fact that the Ministry of Labor recorded an increase in citizens’ incomes in Russia.
At the same time, as of January 1, 2018, citizens who have a second child in their family have new opportunities to use MSC funds - monthly payments. They can be issued simultaneously with the issuance of the certificate itself.
The question remains whether a car loan can be repaid with maternity capital. The law currently prohibits such use of subsidies.
In March 2017, a bill was introduced into the State Duma that would allow the use of maternity capital funds for the family to purchase a passenger car made in the Russian Federation. The bill provides for the possibility of transferring funds to credit organizations.
The maternity capital program has been extended for 2018-2021. At the same time, changes and additions are constantly being made to it. There is a possibility that, in response to citizens’ expectations about whether it is possible to repay a loan with capital, someday during the program period the restrictions on the remaining types of consumer loans will be lifted.
This bill is currently under consideration.
Our experts monitor all changes in legislation to provide you with reliable information.
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Video about how to spend maternity capital to repay a loan.
April 19, 2017, 04:38 Jan 5, 2020 20:23
Recently, “maternity capital car loan” has become an increasingly popular request among Internet users.
The amount of maternity capital is determined in accordance with the budget, and increases annually under the influence of inflation. At the moment, its size is 387 thousand rubles.
It should be noted that maternity capital car loan has a targeted nature, that is, the family cannot use it at their own discretion.
Until recently, repaying a car loan with maternity capital was a controversial issue. Russian officials came up with a proposal to use it for the needs that the family experiences. Proposals have been put forward to expand the possibilities of its application. The first discussions between State Duma politicians regarding whether to allow repayment of a car loan with maternity capital appeared back in 2009, when officials allowed the use of these funds to repay mortgage loans.
At the end of last year, deputies of the State Duma proposed applying for maternity capital car loans with the condition of non-cash transfer of funds to the organization’s account who sell cars, or directly to the account of a credit institution. The draft submitted for discussion discussed the provision of repaying a loan for the purchase of a car with maternity capital funds only on the condition that the car was of domestic production and had not previously been registered. It was assumed that the vehicle had to be registered as the property of one or both parents.
Another condition in the issue of “maternity capital car loan” was that the opportunity to repay the principal debt or interest on the loan was provided only for those contracts that were executed before December 31, 2010, regardless of when children appeared in the family.
This project came to the State Duma for consideration at the end of last year and already had two conditions. Repayment of a car loan with maternity capital was possible if the car was domestically produced and if the child was 3 years old or more at the time of loan repayment. At that time, the government refused to ratify the bill, considering the second condition unnecessary.
How is the issue of “maternity capital car loan” resolved today? A representative of the State Duma said that resolving this issue is not an easy matter, but the Government of the Russian Federation will do everything to clarify the situation in the near future.
Thanks to the expansion of the scope of application of maternity capital funds, the number of those who want to apply for and receive it will increase. At the same time, Russian families will become confident in the support of the state and will be more willing to increase the number of children in the family. And this is the primary task facing the implementation of the maternity capital program.
Use the services of our service at - here you will find the most current and profitable offers for obtaining a car loan, which Russian banks offer clients today!
Hi all!
There are no longer any people left in Russia who have not heard about the state program “maternity capital”. However, not everyone knows that there are things that are prohibited from paying with this money. And trying to cash out maternity capital is actually a crime! Is it possible to pay for a car loan with maternity capital? Let's figure it out. Ilya Kulik is with you, let's go!
In order not to go into the historical details of the emergence of maternity capital, I will only remind you that this is a state initiative to provide financial support to families with two or more children, which has been in effect for 10 years. The term “maternity capital” usually refers to a federal subsidy. The amount of aid allocated by the state grew continuously until last year and reached 453 thousand rubles, after which the indexation of payments was temporarily stopped.
In addition to the federal program, 71 regions of the Russian Federation have their own programs, which are united under the general name “regional maternity capital”. You can receive financial support from the regional budget for the birth of your third and subsequent children, and the amount paid ranges from 30 to 350 thousand rubles. On average it turns out to be 50-100 thousand.
What can be done with maternity capital?
The conditions for the provision and use of federal and regional subsidies differ. The list of needs on which federal financial assistance can be spent is smaller, and control over the intended use of money is stricter. This is due to the fact that:
- It is easier to obtain the right to federal capital than the regional one;
- Federal maternity capital is larger in size and is of greater interest to scammers.
Where is federal capital allowed to be spent?
Who is entitled to government assistance and what it can be spent on is described in detail in Art. 3 and Article 7 of the Federal Law of December 29, 2006 N 256-FZ “On additional measures of state support for families with children.” Here is a short list of permitted actions:
- Purchase or construction of housing;
- Payment for the child's education;
- Payment for health care services;
- Saving money to increase your mother's pension.
As you can see, there is no provision in the law for purchasing a car or paying off an existing car loan. It turns out that public money cannot be managed in this way.
Pros and cons of this solution
The government’s approach to the issue of buying a car using maternity capital cannot be assessed unambiguously. The authorities justify the ban on spending subsidies on car purchases with compelling arguments:
- The car is significantly after several years of use, and cannot be compared in terms of prospects with purchasing housing or obtaining a quality education for a child;
- Legal way to cash out maternity capital officials see the purchase of a car using public funds;
- It is difficult to control the intended use of the car. Even if the possibility is excluded by law, it is impossible to be sure that it is used for the needs of the child;
- The authorities do not want to act in the interests of automakers and organizations involved in the sale of cars. By providing the opportunity to spend maternal capital on the purchase of vehicles, they will not only help large families, but will increase their income.
However, by denying families with children the right to spend federal money on buying a car, officials do not take into account several important things:
- The amount of capital is not enough to buy a home or build it yourself. At the same time, this money is enough for a budget car made in Russia;
- Irrelevance of spending maternity capital to pay for children’s education or mother’s pension for families already provided with housing. In this case, the funds will remain unclaimed, which reduces the effectiveness of maternity capital as a stimulus for fertility;
- The car makes it easier to travel with children from home to kindergarten, school, clinic or hospital. This is especially important for families living in rural areas, because they have to travel to regional centers for medical care;
- Having a car in the family will open up new ways to earn money for the child’s parents, which can improve the quality of life of the whole family.
In addition, supporters of lifting the ban on buying a car convince the authorities that they need to trust their parents instead of suspecting them of wanting to cash out their maternity capital and spend it on themselves.
Will such an opportunity appear in the future?
There is hope that in the coming years the subsidy will be allowed to be used to obtain a car loan. In March 2017, an amendment to the law was proposed for consideration by the State Duma, providing for the purchase of a car on credit using maternity capital money. This is not the first attempt to change the Federal Law No. 256: State Duma deputies rejected three bills in 2009, 2011 and 2014.
See details about the initiative of deputies here:
Draft federal law No. 125755-7, currently under consideration, provides for a number of conditions, including to reduce the risk of cash withdrawal fraud:
- You can only buy a new car domestic production;
- Purchase allowed or ;
- The car does not have to be a passenger car, but must be designed to transport people and have no more than 8 passenger seats;
- The purchase of the vehicle must be confirmed an inspection report drawn up by the social protection authorities at the place of residence;
- The car is purchased as the property of one of the parents, and cannot be sold or transferred for 3 years after purchase;
However, even under such conditions, officials are not yet ready to approve the expenditure of maternal capital on the purchase of a family vehicle. The fact is that allowing the family subsidy to be used to buy a car will lead to a sharp increase in applications for the payment. The federal budget does not include expenses for maternity capital payments in such a large volume, and therefore, in order to adopt the amendment, a permitting conclusion from the Government of the Russian Federation is required, which the authors of the bill do not yet have.
Using regional capital to purchase a car
In the regions, the attitude towards spending regional capital funds is softer. In a number of areas, a car loan is included in the list of allowed expenses, or there are no restrictions at all on the use of the allocated money. Here is the current list of regions where it is allowed to spend regional capital on buying a car:
- Vologda Region;
- Kaliningrad region;
- Kaluga region;
- Kamchatka Krai;
- Murmansk region;
- Novosibirsk region;
- Oryol Region;
- Tula region;
- Tyumen region;
- Ulyanovsk region;
- Republic of Yakutia.
The amount of a regional subsidy is not always comparable to the cost of a car, but, for example, the payment to families upon the birth of a sixth child in the Ulyanovsk region is 250 thousand rubles. This money is already enough for a down payment on a car loan.
Large families of the Kamchatka Territory are entitled to a payment of about 300 thousand rubles, while they are allowed to buy not only new cars on credit, but also with installment payments.
How to get a car loan using regional matkapital
Using the Kamchatka Territory as an example, let’s look at what it looks like to attract maternity capital money.
To apply for a loan using a regional subsidy, you need to collect a number of documents:
- Contract of sale vehicle;
- Vehicle passport, registered in the name of the child’s mother;
- Certificate for regional family subsidy;
- Copy of identity document certificate owner;
- Car loan agreement, concluded between the certificate holder and a credit institution, or a loan receipt if you purchased a car in installments from a private person;
- Certificate from the bank about the amount of the principal debt on the loan and the balance of debt on interest. If you took out a loan from a private person, you will need a certificate of the amount unpaid under the agreement;
- Bank details of the car seller. To receive money from the regional budget, the seller must have an open bank account .
With the collected documents, a certificate for regional maternity capital and a written application, you must contact the regional office of the Pension Fund. Funds are transferred exclusively in non-cash form, the transfer period is no more than two months from the date of application for payment.
Let's sum it up
- There are 2 types of maternity capital in Russia: at the federal and regional level;
- You cannot buy a car with federal family subsidies. This prohibition has been in effect since the beginning of the federal program;
- It is possible to lift the ban on purchasing a car using maternity capital. but not earlier than the next two years;
- In several regions, you can buy a car with regional subsidies, including a used car from a private person. You can also use this money to pay off an existing car loan.
Conclusion
This concludes my story about how to use maternity capital to buy a car. Feel free to share your opinion on this topic in the comments. Bye everyone!
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