Maximum benefit amount for. The limiting value of the base for calculating insurance premiums. Minimum average daily earnings
Navigating the article
From February 1, 2020, a new indexation coefficient . Accordingly, a number of payments will increase in size, this applies to and.
Maximum benefit amount in 2020
The maternity allowance is calculated on the basis of the average salary for the previous 2 years of employment. If a woman is in 2020, then its size will depend on the charges that were made in previous years.
Based on a single federal law, in 2020, an employee can count on new payments, taking into account the indexation.
Minimum Benefit in 2017 and 2020
The minimum allowance is independent of fixed daily earnings. It depends on another indicator - the minimum wage (minimum wage). According to the new law, which will come into force on the first day of 2020, this amount will look a little different than last year.
The peculiarity of calculating the minimum wage
In each region of the country, salaries differ markedly. Going on maternity leave, a woman completely goes to state funding. From now on, all payments to her will be calculated based on her monthly income.
The minimum wage (minimum wage) is a fixed amount established by government authorities.
If a woman worked in an enterprise and received a salary less than 9489 rubles (for 2018) or less than 11,280 rubles (for 2020), then this fixed amount will be used to calculate the minimum maternity allowance.
As mentioned earlier, the calculation is carried out on the basis of official charges, which were charged the previous two years, namely:
- full monthly salary, together with benefits and bonuses;
- payments for visiting a business trip;
- accrual for vacation;
- any royalties for patents and literary works;
- other similar income.
There are also a number of cash payments that are not taken into account when calculating this one-time benefit:
- Additional, unofficial income.
- Any charges for the care of an older child (child benefits, alimony, compensation for the kindergarten).
- Days on which the person was on sick leave.
- The period of the previous pregnancy.
- Parental leave for a child under 3 years of age.
Basic calculation rules
A woman who goes on maternity leave finds out what payments she will receive only from employees of the accounting department. She can determine the exact amount herself by doing a few simple arithmetic operations.
- It is required to calculate the date of leaving on maternity leave. To do this, you need to know when the 30th week of pregnancy comes. Based on this data, you can determine for what period of time payments will be taken into account.
- The basis for calculating payments is the average wage per day. To do this, add up all payments (except for partial) for the two previous years. It is necessary to count the number of days in this period (730 or 731 days). Now, the first indicator needs to be divided by the second. As a result, you get the first amount required for the calculation - the average daily salary (SDZ).
- Further, this amount must be increased by the number of sick days. Standard pregnancy - 140. Bearing more than 1 fetus - 196. Complications during labor - 156. The latter type is usually paid additionally in part (16 days) after the woman has gone on maternity leave.
If, as a result of calculations, a number less than the established minimum payment is received, then this amount will be automatically increased to the minimum amount of maternity benefits.
For example, an employee receives a fixed salary of 8350 rubles. She plans to go on maternity leave in February 2020. If she was not on sick leave, on maternity leave, or on parental leave, then the total earnings for 2 years will be equal to 200,400 rubles.
2016 and 2017 will be taken into account, that is 731 days. Let's perform an arithmetic operation: 200 400 / 731 \u003d 274.14 rubles.
The amount received is the employee's average daily income. Accordingly, when she goes on maternity leave, she will receive 140 (days) x 274.13 (average daily earnings) = 38 380 rubles, if she has a normal pregnancy and childbirth without complications.
This amount less than a fixed minimum payment... This means that the woman will receive an allowance in the amount of 43 615.65 rubles(the amount of the minimum benefit in 2020).
When going on maternity leave, enterprises pay money for the fact that a woman is registered before the 12th week of pregnancy. The amount of the payment will be 680.40 rubles.
Calculation of payments for certain categories of citizens
All payments are calculated based on the fact that the employee has had an official place of work and stable earnings for the last 2 years. There are also other categories of citizens for whom the calculation of charges occurs in a different way.
Work experience less than 2 years
For example, a woman got a job. Six months later, she learns about her interesting situation. Like any other citizen of the country, the employer is obliged to provide her with the opportunity to go on maternity leave and benefit from all established benefits. In this case, the calculation will be carried out differently.
- The employee must bring to the settlement department a certificate of payments from the previous place of work. The total amount of all charges for a certain period will be calculated.
- If a woman has this first official place of work, then all the money received will also be divided by 731 days to receive the SDZ. With a small salary, she will receive a minimum allowance.
The calculation will take place in the same way for other payments.
From decree to fight
A woman has the right to issue if the previous one has not come to an end. The amount of all payments received is of partial importance. They will not be taken into account when determining the amount of the benefit. An employee with a permanent place of work can choose any working periods for calculation.
Unemployed women
At the time of pregnancy, a woman may be unemployed: she was fired; the organization was liquidated; she lost her legal status. Regardless of why she found herself in a difficult situation, the state is obliged to provide financial support. She needs:
- Collect a number of documents confirming pregnancy and unemployment status.
- Issue a certificate of incapacity for work at the labor exchange.
Employees of an organization dealing with the protection of the social category of citizens will be charged a fixed amount. In 2020, a stable monthly amount will be taken to calculate this payment - 680.40 rubles / month
Female students
Undergraduate and graduate students can count on academic leave during pregnancy and baby care. Wherein it doesn't matter if they are on a paid or budget basis ... To obtain this privilege, she must:
- Bring a certificate to the educational institution about pregnancy.
- Write a statement asking for payments and give it to the accounting department.
To calculate this payment, a monthly student or postgraduate student scholarship will be taken. During pregnancy and childcare, this category of citizens will be provided at the expense of the regional or regional budget.
This group of persons does not include citizens who are in full-time and part-time or part-time departments.
Civil servants
A special category of citizens includes people who are in military service under contract or employees in a state structure. The number of female employees is increasing every year. To receive a lump sum, she must:
- Take a certificate from a gynecologist about registration and bring it to the service authorities.
- Write an application for the need to provide maternity leave on the basis of the above document.
- Get a certificate from the place of residence in the social security authorities that she does not receive unemployment benefits.
The expectant mother will receive the minimum amount of charges if her work is related to the internal affairs bodies; fire or customs service; criminal or enforcement systems; a department dealing with the elimination of narcotic drugs.
The coming of the New Year portends a pleasant surprise - all types of benefits intended for citizens on maternity leave will be indexed. An exception is the amount of which will remain unchanged for another 5 years.
Most of the "children's" payments are established by the law of 19.05.95 No. 81-FZ "On State Benefits to Citizens with Children".
One-time registration allowance in early pregnancy
This benefit (no later than 12 weeks of pregnancy) is established by Art. 9 of Law No. 81-FZ. Initially, its amount was 300 rubles, then the amount of the allowance was regularly increased.
The last indexation (Decree of the Government of the Russian Federation of January 26, 2018 No. 74) increased the amount of payment from 02/01/2018 to RUB 628.47 In this case, we are talking about a fixed amount, the amount of which is revised by the decision of state bodies. This type of benefit is not tied to the minimum wage and its amount will not change from 05/01/2018.
One-off childbirth benefit
This benefit is established similarly to the previous benefit. The basic amount of the allowance is 8,000 rubles. (Article 12 of Law No. 81-FZ). Taking into account all indexations from 01.02.2018, the payment amount was RUB 16,759.09The childbirth allowance, like the previous one, is not tied to the minimum wage and will not change from 01.05.2018.
Maternity allowance
The maternity allowance is also paid as a lump sum, but the calculation depends on the woman's salary and the duration of the payment. This duration (maternity leave) is established by Art. 10 of the law of December 29, 2006 No. 255-FZ "On compulsory insurance ..." and depends on the number of children and the course of pregnancy. The length of maternity leave can be from 140 to 194 days.
Pay for each day is defined as 100% of the average earnings for the two previous years. For maternity benefits, the law establishes restrictions on both the maximum and the minimum.
The “top” restriction depends on the marginal basis for calculating the FSS established for the two previous years. To receive the maximum amount of benefit per day, this base must be divided by 730 (part 3.3 of article 14 of Law No. 255-FZ). For 2018, the daily payout limit will be:
(718,000 rubles + 755,000 rubles) / 730 days \u003d 2,017.81 rubles.
Thus, the maximum amount of maternity benefit in a "standard" situation (for 140 days) will be equal to
140 days x 2017.81 rubles. \u003d 282 493, 15 rub.
Childcare allowance up to 1.5 years
Allowance for caring for a child up to one and a half years is calculated in much the same way as maternity benefits. But if during maternity leave, 100% of the average salary is paid, then in the period up to 1.5 years - only 40% (Article 15 of Law No. 81-FZ).
The maximum amount of the benefit is also tied to the marginal base for contributions to the Social Insurance Fund, i.e. for 2018 - to the amount of 2017.81 rubles. per day, the calculation of which is given above.
(RUB 2,017.81 x 30.4 days) x 40% \u003d RUB 24,536.57
The minimum benefit amount depends on how you receive it. If the recipient is an employed person, then the employer pays the allowance and its size is tied to the minimum wage, more precisely, to 40% of it. The allowance for the first child per month in this case will be
If the recipient of the allowance is an unemployed person or individual entrepreneur, then it is paid directly by the FSS of the Russian Federation. In this case, the basic amount of the allowance established by the law of paragraph 1 of article 15 of Law No. 81-FZ is used. Taking into account all indexations, the allowance for the first child from 01.02.2018 is RUB 3,142.33... After 01.05.2018, the basic amount of the benefit will not change.
When paying the allowance for the care of the second and subsequent children in all cases, only the basic amount is used, which after 01.02.2018 is RUB 6,284.65 The minimum wage limit is no longer used here, because doubling the benefit in any case will lead to an excess of the minimum wage.
Childcare allowance up to three years
The amount of this allowance for today is symbolic. It was established in the amount of 50 rubles a month more than 20 years ago (Presidential Decree No. 110 of 05/30/1994) and has not been indexed since then. Currently, the government is discussing the issue of raising it, but there is no specific information yet.
Temporary disability allowance
The amount of sickness benefit depends on the length of service of the employee and can range from 60% to 100% of the average earnings (Article 7 of Law No. 255-FZ). The employee's income is recorded for the previous two years, similar to the calculation of maternity benefits or childcare benefits.
Also, similar to maternity benefits, the maximum and minimum sick leave payments per day are determined.
Maximum - based on the limit value of the FSS base for the previous 2 years. It is valid throughout 2018 and does not depend on the minimum wage:
(718,000 rubles + 755,000 rubles) / 730 days \u003d RUB 2,017.81
Minimum - based on the minimum wage valid at the time of opening the hospital:
Recall that in order to pay for sick leave, the average earnings must be calculated according to the minimum wage if:
- in the billing period, the employee had no earnings;
- average earnings are less than 24 times the minimum wage. For sick leave open until May 1, this is 227 736 rubles, from May 1 - 267 912 rubles.
In such cases, the average earnings per day of illness is RUB 311 97 kopecks (if the sick leave was opened in April) or 367 r (if in May).
- work experience - less than six months, average earnings - more than 24 times the minimum wage;
- incapacity for work occurred due to intoxication (on the sick leave in the cell “Additional code” there is “021”);
- on the sick leave there is a mark about the violation of the regime and the reason for the violation is disrespectful. The amount of the benefit is limited for days from the date the check mark was made.
In these situations, the maximum daily allowance is:
- 316 RUB 30 kopecks. (9 489 rubles / 30 days) - per day of illness in April;
- RUB 360 10 kopecks (11 163 rubles / 31 days) - per day of illness in May.
In 2020, the amount of a one-time maternity allowance (BIR) in accordance with Federal Law No. 81-FZ of 05/19/1995 for women who at the time of maternity leave in a different social status is calculated from the average salary or can be set in the minimum size.
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Thus, the allowance can be equal to:
- 100% of the average earnings - for working women who are subject to compulsory disability and maternity insurance;
- 100% of the amount of money allowance - for contract servicemen;
- in the minimum fixed amount - in all other cases (including some categories of unemployed - students dismissed during the liquidation of the organization, etc.).
The legislative framework, establishing the specified size of the allowance for BiR:
- art. 8 of the federal law No. 81-FZ of 05.19.1995. "On state benefits to citizens with children";
- art. 11 of Law No. 255-FZ of December 29, 2006 "On compulsory social insurance in case of temporary disability and in connection with motherhood".
No special changes in order of calculation There was no maternity benefit compared to previous years, with the exception of the indexation of the minimum fixed amount by 3% from February 1, 2020, annual and.
- The amount of the benefit is calculated from the salary or other type of income, taking into account the regional coefficient (if the latter is relevant for the area in which the woman leaving for maternity leave lives, and it was not already taken into account when calculating wages).
- If a woman has combined work for at least two years at two employers, then the amount of the benefit is calculated from the salary of each of them. Then, in the antenatal clinic, she must issue two maternity sick leave to provide for each place of work.
- The amount of payment, calculated based on minimum wage (Minimum wage), is subject to annual indexation in accordance with the increase in the subsistence minimum of the working-age population on average in Russia (the minimum wage from January 1, 2020 is 12,130 rubles).
Maximum maternity allowance in 2020
The size of the maternity allowance generally depends on the average salary, but if the income is too high limited to a certain framework. That is, with an annual salary of, for example, a million rubles, maternity benefits will not be charged from this amount, but from less - from which, according to the law, the employer can pay contributions to insurance funds (Pension Fund, MHIF and FSS).
Attention
Compared to the previous year, in 2020 the maximum limits for maternity benefits increased. This happened because of the new limit values \u200b\u200bof the bases from which mandatory contributions to Social insurance fund (FSS).
The allowance begins to accrue only after a woman goes on maternity leave... That is, the pregnant woman will receive it in a smaller amount if she goes on vacation in the BiR later than the established period. The minimum duration of a full vacation in BiR is 140 days (70 days before childbirth and 70 - after), however, it can increase with multiple or complicated pregnancies - in proportion to the duration, the amount of the lump sum due will also increase.
- For each day of processing, a woman will receive regular salary, therefore, for these days she will not be entitled to maternity benefits.
- When leaving on maternity leave from the main job and from a combined position at different times, the allowance will be accrued for a different number of days.
Average earnings for calculating sick leave benefits
According to the established rule, maternity benefits are calculated based on the average earnings for two previous full calendar years... At the same time, unlike the usual sick leave for temporary incapacity for work, the amount of maternity benefit is not affected by the length of service of the employee (provided that it is more than 6 months).
Attention
For those who will issue a decree in 2020, the accounting years will be 2018 and 2019. When working part-time, the average salary is taken according to the amounts actually paid.
The average earnings used in the calculation include all types of woman's income from which they were paid contributions to the FSS... To him in accordance with Art. 9 of the law of 24.07.2009 No. 212-FZ do not apply:
- social insurance benefits, including payments for temporary disability (sick leave);
- periods of release from work with full or partial payroll;
- lump-sum financial assistance paid by the employer to employees in the amount of up to 4,000 rubles. for the billing period;
- other less common types of payments.
When calculating average earnings taken into account such income:
- salary and travel allowances;
- prizes, fees;
- vacation pay;
- compensation for unused vacation;
- material assistance from the employer over 4,000 rubles that are not taken into account.
Average daily earnings It is calculated by dividing the income from which insurance premiums are paid to the FSS, for two calendar years, by the number of days in this period (in the simplest case, 730 days). The total number of days does not include:
- The periods during which the woman was on sick leave, on BIR leave and childcare.
- The days when the employee was released from duties with partial or full salary retention, if social insurance contributions were not accrued during this time.
Attention
If during one or both billing years a woman was on maternity leave or parental leave, then such a calendar period is allowed (but is not obliged to) be replaced by any other. The main thing is that the size of payments does not decrease when measuring.
The resulting figure is multiplied by the number of days on maternity leave and we get the amount of the benefit in each case. The amount of the allowance can be calculated after hospital closure (main and, if any, additional), which will indicate the number of vacation days in the BiR.
The decree can last:
- 140 days - base case;
- 156 days - with complications during childbirth;
- 194 days - if two or more children are born at the same time.
The maximum base for calculating insurance premiums in 2020 (table)
The average earnings for calculating maternity leave for each billing year cannot exceed the maximum established by law. The size of the latter is base limitwith which the FSS insurance premiums are charged.
The maximum size of the bases for calculating maternity in 2010-2020 are given in the table below. For annual salaries in excess of the amounts shown, the figures from the table will be used.
The limits of the insurance base for contributions to the Social Insurance Fund for 2010-2020
| Year | Insurance base, rub. in year |
|---|---|
| 2010 | 415 000 |
| 2011 | 463 000 |
| 2012 | 512 000 |
| 2013 | 568 000 |
| 2014 | 624 000 |
| 2015 | 711 000 |
| 2016 | 718 000 |
| 2017 | 755 000 |
| 2018 | 815 000 |
| 2019 | 865 000 |
| 2020 | 912 000 |
Note: Limiting bases for years up to 2018 are given for cases when a woman wants to replace the year in which she was on maternity leave or parental leave for another calendar period, and also just for comparison purposes (for illustration).
Attention
If the amount of the employee's salary in the accounting year exceeds the amount presented in the table, then the employer did not pay contributions to the Social Insurance Fund from any part of the salary in excess of the specified limit and, accordingly, it cannot be fully taken into account when calculating the benefit.
In fact, the law limits not only the total annual, but also indirectly the actual average daily earnings.
- In general, when calculating in 2020, it cannot exceed the sum of the maximum bases for 2018 and 2019, divided by 730 (the number of days in two regular years) or 731 (if one of the two years is a leap year).
- That is, in 2020, the average daily earnings for the two previous years for calculating benefits in the general case cannot be more than RUB 2301.37
Maximum amount of maternity allowance in 2020
Based on the formula for calculating benefits and the maximum insurance base, the maximum amount of payments for 140 days of the decree in 2020 will be:
140 days × (815,000 rubles + 865,000 rubles) / 730 days \u003d RUB 322,191.80
Accordingly, with an extended maternity leave (complicated childbirth, multiple pregnancy) and a salary greater than or equal to the insurance base, the employee will be entitled to:
- for maternity leave of 156 days - 359,013.72 rubles.
- for vacation lasting 194 days - 446,465.78 rubles.
Attention
This amount paid in a lump sum for the entire period of vacation in BiR. It will be relevant provided that in 2017 and 2018. the woman was not on sick leave or on maternity leave.
Important addition: to the received maximum payout district coefficients are not applied... That is, for example, both in the Arctic and in the Black Sea regions, the maximum allowance will be the same.
Minimum Maternity Benefit 2020
In some cases, the BI benefit is paid at a minimum amount:
- working - according to the minimum wage for each month of the decree, the amount of which is established for each year by federal law;
- unemployed - in the form of a fixed amount established by law.
Women who did not work before the onset of pregnancy and childbirth do not go on maternity leave and cannot count on a BI allowance even in the minimum amount. The exception is pregnant women with the official status of unemployed (i.e. registered with the Employment Center), dismissed in connection with the liquidation of the organization a year or less before obtaining the status, as well as some other categories of persons.
When calculating based on the size of the minimum wage
The minimum wage changes from time to time (most often once a year), taking into account the increase in the cost of living. In 2020, it is 12,130 rubles.
On the BIR allowance in the minimum amount of the minimum wage under the law they have a right:
- Pregnant women who go on maternity leave, if they have worked in the organization less than 6 months.
- Women with average earnings below the minimum wage over the past two years (it is noteworthy that in this case, the calculated average earnings are compared with the minimum established for the estimated year of maternity leave, and not for the previous 2 years, therefore the allowance is calculated according to the actual minimum wage at the time of its appointment).
Attention
If a woman's earnings for a certain part of the billing calendar period were lower than the minimum wage or did not exist at all, then during this time the amount is also calculated based on the minimum wage.
Table of minimum wages by years
| Year | Minimum wage, rub. |
|---|---|
| 2013 | 5205 |
| 2014 | 5554 |
| 2015 | 5965 |
| 01.01.2016 — 30.06.2016 | 6204 |
| 01.07.2016 — 30.06.2017 | 7500 |
| 01.07.2017 — 31.12.2017 | 7800 |
| 01.01.2018 — 30.04.2018 | 9489 |
| 01.05.2018 — 31.12.2018 | 11163 |
| 2019 | 11280 |
| 2020 | 12130 |
Note: For individual constituent entities of the Russian Federation, the size of the minimum wage may differ depending on regional agreements and orders. This amount is also subject to increasing district coefficients.
Corresponding to the minimum wage \u003d 12,130 rubles. minimum maternity allowance per 140 days of maternity leave from January 1, 2020 will be paid in a lump sum in the amount RUB 55,830.60:
140 days × (12130 RUB × 24 months) / 730 days \u003d RUB 55,830.60
- From the above calculation, it can be seen that the minimum amount of the benefit is also determined by the average daily earnings for 2 years, which is equivalent to the effective value of the minimum wage... This does not provide for any exclusion periods.
- If the period of going on maternity leave falls on the junction of the years, then you can postpone maternity leave and postpone it to the beginning of the new year. This is allowed if the employee sees that in this case the amount of the benefit will be more beneficial for her.
Non-working women upon liquidation of an organization
Women who have lost their jobs due to the liquidation of the organization no more than a year before becoming unemployed can expect to receive benefits in the form of a clearly fixed amount. From 01.02.2020 its size is RUB 675.15 per month.
Payment in the same amount is due to the following categories of women registered at the Employment Center within a year after the termination of work:
- ceased activities as individual entrepreneurs (IE);
- who have lost the status of a lawyer, private notary or other person whose activity is licensed.
In this case, the benefit will be paid in one of the following amounts:
- RUB 3108.0 with sick leave 140 days;
- RUB 3,463.2 - at 156 days;
- RUB 4,306.8 - at 194 days.
The amount of payment to full-time students
According to the law, women who study on a full-time basis in professional, higher educational institutions and scientific organizations can also count on maternity payments on the basis of an appropriate certificate from a medical organization. in the amount of a scholarship.
- The manual is also provided for full-time postgraduate students.
- Payments are accrued when you go on academic leave.
The allowance is issued at the place of study and is paid from the state budget. The educational institution has no right to refuse payment to a woman. At the same time, students of other forms of study (correspondence course) not allowed.
Conclusion
The size of the maternity payment for those who went on maternity leave in 2020 is generally equal to the average salary or other income (scholarships, monetary allowance). The amount of the calculated allowance for BiR for those who went on maternity leave for 140 days from 01.01.2020 fluctuates within from RUB 55,830.60 to RUB 322,191.80
In general, the amount of the payment depends on:
- length of sick leave;
- the current minimum wage - for women with low wages or recently laid off;
- the maximum base for calculating insurance premiums - for those who received high wages.
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What is the maximum amount of parental allowance in 2018? How is this amount calculated? Do I need to recalculate the maximum childcare benefits already assigned? Let's figure it out.
Basic data on care allowance up to 1.5 years
In 2018, the childcare allowance for a child up to 1.5 years is entitled to an employee who is on parental leave for a child up to three years old. During this period, the employee needs to be paid monthly:
- childcare allowance at the expense of the FSS until the child reaches the age of 1.5 years;
- compensation at the expense of the employer until the child reaches the age of three (50 rubles).
Parental leave can be granted not only to the mother of the child. Any relative who actually cares for him (father, grandmother, grandfather, other relative) can get it.
The allowance is awarded if the employee (employee) applied to the employer no later than six months after the child turned one and a half years old.
If, nevertheless, half a year has passed since the child reaches 1.5 years of age, then if there are valid reasons for missing the deadline, the FSS can make a positive decision and assign an allowance. The list of such reasons is not arbitrary, it is established by Order of the Ministry of Health and Social Development of January 31, 2007 No. 74. These can be both emergency circumstances (earthquake, flood), and, for example, a long-term illness of a parent or a move.
Minimum dimensions
The legislation guarantees that any employee has the right to count on the minimum amount of benefits for caring for a child up to 1.5 years. In 2018, the minimum care allowance is paid in the following amounts:
Maximum values \u200b\u200bin 2018
Maximum earnings
The maximum size of the allowance for caring for a child under 1.5 years in 2017 is not limited. However, there is a limit on the average daily earnings from which the benefit is calculated.
The size of the average daily earnings for calculating the benefit cannot exceed the sum of the limit values \u200b\u200bof the base for calculating insurance premiums for the two years preceding the year of the onset of parental leave, divided by 730 (part 3.3 of article 14 of the Federal Law of December 29, 2006 No. 255- FZ). Therefore, in order to determine the maximum amount of average daily earnings, the following formula is used:
Who pays the allowance
Childcare allowance in 2018 is paid to the employee at the place of work. However, in practice, there may be more complex situations when an employee (employee) has entered into several employment contracts: one - at the main place of work and the rest - as a part-time job. In this case, the employee (employee) herself determines which of the employers will pay the benefits (provided that they have worked in these companies within the last two years). The company that will be selected has no right to refuse this.
The Ministry of Labor calculated the allowance for 2018 differently
On December 27, the Ministry of Labor of Russia on its official website announced that the maximum amount of childcare benefits from January 1, 2018 is 24,503 rubles per month. However, in fact, the amount of the benefit is 33.57 rubles. over - US $ 245.00
For the calculation of monthly child benefits, the billing period has changed compared to 2017, the marginal income base has also changed. Namely: for 2016 it is equal to 718,000 rubles, and for 2017 - 755,000 rubles. In 2016 there are 366 days, and in 2017 - 365. The catch is that the number of days in two years 730 is always used to calculate the maximum rate (even if one of the years is a leap year). This follows from clause 3.3 of article 14 of the Law of December 29, 2006 No. 255-FZ. The actual days (731) are used to calculate the benefit. The Ministry of Labor used actual days (731) to calculate the maximum rate, which does not comply with the law. Moreover, the Ministry of Labor recalled in the message that the maximum allowance for 2017 is 23,120.66 rubles. And this payment is calculated from 730 days. Since then, the legislation has not changed. Therefore, there is a counting error when calculating the maximum speed in 2018.
What should accountants do?
Pay benefits based on the maximum amount of RUB 24,536.57. It complies with the law. The manual cannot be mistaken - for this the supervisors will impose fines.
Recall that in 2017 there was also confusion.At the beginning of 2017, the Ministry of Labor got confused with the calculation of the maximum allowance for childcare. In a letter dated 03.03.2017 No. 17-1 / OOG-314, officials explained that the maximum amount of childcare benefits in 2017 is 23,089.00 rubles. (670000 + 718000): 731 x 30.4 x 40%). The Ministry of Labor divided the maximum earnings by 731 days, since 2016 is a leap year. Some accountants decided that benefits should be reduced if they paid 23,120.66 rubles to female employees. But this opinion is wrong. The clarification of the Ministry of Labor concerned those workers who in 2015-2016 met two conditions: earnings exceeded the maximum amount that is subject to contributions to the Social Insurance Fund, there were no periods that should be excluded from the number of days when calculating benefits. If the company has excluded at least one day from the billing period, then the average daily earnings for calculating benefits cannot exceed 1901.37 rubles. (670,000 rubles + 718,000 rubles): 730 days. The monthly legislative maximum in 2017 is 23,120.66 rubles. (1901.37 rubles. × 30.4 × 40%). This follows from paragraph 3.3 of Article 14 of the Law of December 29, 2006 No. 255-FZ. This was confirmed by the FSS in a letter dated 03.03.2017 No. 02-08-01 / 22-04-1049l. Therefore, those employers who paid the employee in 2017 a maximum of 23,120.66 rubles should not change anything. Cm. " ".
Every citizen who is registered with a territorial employment center is entitled to a cash unemployment benefit. Its size, terms, conditions of appointment depend on many factors and are regulated by the chapter of the Law “On employment of the population in the Russian Federation”.
What is the amount of the allowance
The minimum and maximum amount of the allowance for each year is established by the Government of the Russian Federation. The amount of unemployment benefits in 2019 changed for the first time in 10 years.
- the minimum assistance is only 1,500 rubles;
- the maximum amount of unemployment benefit cannot exceed the amount in 8000 rubles;
- for persons of pre-retirement age 11280 rbl.
With regard to the pre-retirement age, the picture looks like this:
How are payments calculated?
There are two ways to determine the amount of the benefit: non-calculated and calculated.
Estimated
When the amount of social benefits depends on the average wage in the last 3 months before the date of dismissal from the last place of work on the basis of a certificate of the amount of salary from the enterprise.
However, strict conditions must be met:
| what condition | condition description |
| duration of employment before registration with the employment service | an applicant for benefits must, in the last year before contacting the employment center, have worked:
|
| what should be the work prior to dismissal |
|
| grounds for dismissal | the break in labor relations should not be associated with a violation of labor discipline, other offenses that entail dismissal at the will of the employer |
When calculating the amount of assistance, only the legal salary is taken into account, therefore, if the main earnings were "in an envelope", you cannot count on large amounts (see).
The amount of benefits paid depends on the specific period:
- 75% of the accrued average monthly salary in the first 3 months of the unemployment period;
- 60% - in the next 3 months.
As you can see, the benefit is paid for 6 months. However, there is an exception for pre-retirees:
- 75% of the average monthly salary (first 3 months);
- 60% within the next 4 months (respectively 4,5,6,7 months);
- 45% - in the remaining time (the remaining 5 months). For unemployed citizens, the benefit period is 1 year.
The amount of average earnings is determined on the basis of a certificate from the last job for the last 3 three months. Employees of the employment service independently determine the level of the average salary.
The calculation of the amount of assistance is carried out in such a way as to stimulate a person to look for a new job without waiting for the end of the period for crediting funds. But always the amount of payments should not go beyond the maximum (8,000 rubles and 11,280 rubles for citizens of the pre-retirement period) and minimum (1,500 rubles) threshold. The regional coefficient is added to the upper and lower thresholds (for residents with harsh climatic conditions).
A countless way
In this case, the allowance is assigned in the minimum amount without any reference to the citizen's income.
The procedure for determining the amount of benefits for residents of the northern regions
Here the total amount is increased by the regional coefficient, depending on the specific place of residence and can reach the value of "2". The coefficient is set to the minimum and maximum size. On the territory of Russia, the coefficient is not applied in all regions. For example, it is not in the Krasnodar Territory, the Astrakhan, Moscow, Volgograd regions, etc.
Who gets the minimum benefit
- people who have never officially worked before;
- those who wish to resume their activities after a break of 1 year or more;
- dismissed for their own guilty actions (absenteeism, appearance in a drunken state, etc.);
- those who worked in the last year before contacting the employment service for less than 26 weeks;
- the person was in an employment relationship, but did not receive a salary (for example, was on family leave for a long time);
- if unemployed - individual entrepreneur who has ceased entrepreneurial activity;
- those who were expelled from educational institutions to which the employment service sent them for guilty actions;
- those who left the members of the peasant economy;
- unemployed who have not submitted a certificate of average earnings from work for the last 3 months.
When can you contact
For the benefit, a person can come to the employment service at any time. In his interests, the sooner he does, the better. Since if a significant period passes, for example, more than six months, despite the validity of the reason, then the amount of the benefit will only be minimal.
In the case of liquidation / reduction of staff, if the dismissed employee registers as unemployed within 2 weeks, then the employer will pay the average monthly salary for 3 months, instead of two.
The allowance is assigned simultaneously with registration of the unemployed person no later than 11 days from the date of filing an application with the Employment Center. About what the decision is made, with which the unemployed person is introduced against signature.
If a citizen believes that the amount of the benefit was unjustly underestimated, then he can appeal this in court. If you file a claim only on the issue of the amount of the benefit, then this will not relate to the registration itself and will not worsen the situation of the citizen.
But employees of the employment service have gotten a hand in the correctness of the calculations and are rarely mistaken.
How long is the assistance paid?
Dismissal on staff reduction or liquidation of the organization
If a person was dismissed in connection with the liquidation of the company or for the reduction of staff (number), then the accrual begins immediately after the end of the period during which the average earnings are kept in accordance with the Labor Code of the Russian Federation (from 2 to 3 months).
How much allowance is paid
After the expiration of this time, a person is not deprived of the status of an unemployed, but he is no longer entitled to any assistance.
However, the subsequent appeal to the employment center is allowed if the person finds a job and has worked for a considerable time.
Grace period of payments
Art. 32 of the Law provide for grace periods for the payment of assistance. If a person has not reached the pre-retirement age and has an appropriate insurance experience (20 years for a woman and 25 years for a man) or a preferential length of service, then for each year that exceeds the initial values \u200b\u200bof the length of service, the term of assistance is increased by 14 days. At the same time, the total payment period cannot exceed 2 years within 36 months. Let's consider the situation with an example.
for instance: a 51-year-old woman has 27 years of insurance experience. In this case, she can receive money for 14 weeks more, that is, 12 months plus 14 weeks ((27-20) X 2 weeks). As a result, the aid will not be paid for a year, as provided by the general rules, but a little over 15 months.
The allowance is paid according to the principle of 1 allowance per month during the allowable calendar period, regardless of how much funds are eventually required to be paid.
Suspension of payment of benefits
Art. 35 of the Law provides for a number of cases when the payment of assistance may be suspended:
- if the employment center offers the unemployed two options for work, suitable for qualification requirements, distance from home to workplace, state of health, and he refuses offers;
- if the unemployed person refuses to undergo training in the direction of the employment center or participate in paid jobs offered by the service after 3 months from the date of assignment of this status;
- attendance in a state of intoxication;
- deductions from the place of study, where the unemployed was sent by the employment center, for guilty actions (for example, violation of discipline);
- unauthorized termination of attendance at the educational institution where the unemployed person was sent;
- dismissal from the last job for their own guilty actions.
In such cases, the administration of the service, as a sanction, may decide to suspend the payment of assistance. for up to 1 month.
The consequences for the person will not be desirable, since during the suspension the benefits are not paid, and the total payment period will flow.
Why the payment of benefits stops
For a number of actions, the unemployed is terminated the payment of assistance, and the citizen himself is excluded from the register at the employment service. This happens if:
- the person found a job. At the same time, it is not necessary that the employment service should provide a job; it is quite possible that a citizen will find an official job on his own;
- the unemployed receives a scholarship from the state during training;
- a citizen does not appear at the employment center without any good reason. The list of circumstances that are considered valid reasons is specified in the Order of the Ministry of Labor of Russia dated January 15, 2013 No. 10-n and is disclosed in our article "How to get unemployment benefits";
- the citizen moved to another city. In this case, the person can be registered again;
- an attempt was detected to obtain help through fraudulent activities;
- the person was sentenced to imprisonment or correctional labor;
- the person refused the services of the service on his own initiative;
- if the unemployed person has been assigned a seniority or old-age pension;
- if the citizen died. Funds not received at the time of death are transferred in accordance with Article 1183 of the Civil Code to the family members of the deceased.
In addition, in some cases, the payment of assistance is also not made, but this period is not included in the general period during which the state is obliged to pay the benefit:
- during maternity leave. It is paid by the Social Insurance Fund;
- receiving benefits for caring for a child under the age of 1.5 years;
- if the citizen was summoned to events related to military service;
- if the unemployed person left for another city to study in educational institutions.
Is it possible to reduce the payment?
It is wrong to think that an unemployed person will receive the established average benefit until he finds a job. maybe reduction of funds received by a quarter, if a:
- the citizen refused to visit the employment center without good reason to take a referral to study or work
- or, within three calendar days, did not appear at the employer to which the employment center issued a referral.
Please note that the employment service is obliged to notify the unemployed about the sanctions. For this, a letter can be sent to the citizen with a list of the investment, which guarantees that the unemployed person has familiarized himself with the decision of the employment service. If a person does not agree with the decision made by the administration, then he can appeal it in court.
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