What payments are due to individual entrepreneurs? How much will you have to pay
Employed women in labor are protected by regulations Russian legislation. They receive due payments at the place of duty at the expense of the Fund social insurance(FSS). Individual entrepreneurs are a different matter. Maternity benefits for individual entrepreneurs directly (required) not provided for by law. But there is a chance to get it.
Let's consider how a woman businesswoman can organize her own insurance in case of pregnancy. What is the formula for calculating maternity benefits for individual entrepreneurs? How much can an entrepreneur expect in 2019?
The legislative framework
The procedure and conditions for assigning payments related to pregnancy and subsequent childbirth are spelled out in detail in Law No. 255- Federal Law dated 12/29/06. However, individual entrepreneurs were not included in the list of insured persons. They are given the right to enter into a voluntary agreement with the Social Insurance Fund, enshrined in government decree No. 790 of October 2, 2009.
Important: automatically for businessmen who independently organize workplace, social benefits are accrued only at the federal level. This rule does not apply to benefits at the regional level.
Law No. 212-FZ dated July 24, 2009 establishes the procedure for calculating contributions, including insurance for temporary disability. Individual entrepreneurs make transfers based on the specified document fromcalculationminimum wage(minimum wage).
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How this happens in practice
Execution legislative norms requires adherence to strict order.
Thus, the principle of enforcement of these regulations is as follows:
- The entrepreneur is obliged to enter into an agreement with the Social Insurance Fund, the essence of which boils down to the assumption by both parties of obligations:
- The individual entrepreneur undertakes to make contributions to the Fund;
- he, for his part, undertakes to pay the due amounts upon the occurrence of an insured event.
- The insured person can count on receiving benefits for the following reasons:
- due to illness (upon presentation of a certificate of incapacity for work);
- (sick leave is also needed);
- with early registration for pregnancy (certificate from the antenatal clinic);
Payments to an entrepreneur who voluntarily makes contributions to the Fund are also due in the event of the adoption of a newborn. Not only women, but also men can apply for these. Payments are assigned to the young father provided that he is the only adoptive parent.
In rare cases, the opportunity is used to receive a benefit for a child up to one and a half years old by other relatives - individual entrepreneurs, when the mother goes to work. This is not prohibited by law if a businessman contributes funds to the Social Insurance Fund.
How to conclude an agreement
Resolution 790 contains a rule that requires the initiative of a businessman when concluding an agreement on voluntary insurance. On this basis, the individual entrepreneur must do the following:
- Submit an application to your local Foundation office.
- Attach copies of the following documents:
- passports;
- certificates of state registration;
- tax number (TIN);
- licenses (if available).
Specialists are given five days to check the information. After the expiration of the period established by the regulations current legislation, the newly insured is issued a corresponding certificate. It is this that gives the right to provide payments.
Hint: not only individual entrepreneurs, but also other self-employed persons (lawyers, notaries and others) can voluntarily carry out insurance.
Responsibilities of a businessman
The contract itself does not give the right to payments. The individual entrepreneur is obliged to contribute the funds provided for in the agreement:
- The calculation is made on the basis of the minimum wage.
- Money is transferred:
- to the bank account of the branch with which the agreement was concluded;
- until December 31 of the current year;
- and before January 15 of the next year, you must submit the corresponding report in Form 4a.
How much will you have to pay
Calculation produced according to the established formula. It is like this:
- Vzv = minimum wage x 0.029 × 12 months, where:
- Vvz - the required deduction value;
- Minimum wage is an indicator of the minimum wage established by the Government of the Russian Federation;
- 12 months is the calculation period.
Thus, each businessman makes a transfer to the Social Insurance Fund once per year in relatively fixed amount.
For 2017 it was calculated as follows:
- RUB 7,500.0 x 0.029×12 months. = RUB 2,610.0 .
If the individual entrepreneur signed the agreement not from the beginning of the period, but during the year, then the calculation will be different:
- It is necessary to calculate the average monthly payment according to the minimum wage in force at that time.
- Then, the full amount is calculated for the entire insurance period.
Example
Let’s say entrepreneur Ivanova A. signed an agreement on March 1, 2017.
Two minimum wage indicators are taken into account:
- from 03/01/17 - 7.5 thousand rubles;
- from 01/01/17 - 7.8 thousand rubles.
The total amount is:
- RUB 7,500.0 x 0.029×4 months. (from March to June) + 7,800.0×0.029×6 months. = 2,227.2 rubles .
Hint: for the full year 2018 you will have to pay:
- RUB 7,800.0 x 0.029×12 months. = 2,714.4 rub.
How much does the FSS pay?
The mother in labor and the mother and baby will receive minimum payments. This is due to the fact that entrepreneurs contribute meager amounts to the Fund compared to other insured persons.
For example, for an employed woman with a salary of 30 thousand rubles. the employer contributed in 2017:
- RUB 30,000.0 x 0.029×12 months. = 10,440 rub. (five times more).
Payments to voluntarily insured persons are calculated on the basis of the minimum wage. The data is entered into the standard formula for determining benefits, only instead of the real salary for two years, the minimum indicator is substituted.
Attention: accruals are made on the basis of sick leave. For pregnancy and childbirth, a certificate of incapacity for work is issued for three different periods:
- 140 days - usually;
- 156 - with planned complications;
- 194 - when diagnosing multiple births.
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Maternity benefit for a woman businessman
By law, this payment is calculated at 100% of average monthly earnings for the previous two years. The formula is:
- Vbr = NW / 730 days, where:
- Vbr - amount of benefit;
- NW - average earnings for 24 months (amount of accruals divided by the number of months);
- 730 - number of days in the period (365 + 365).
Example
Let's calculate how much a woman in labor will receive - IP for pregnancy and childbirth in December 2018:
- 24 months x 7,800.0 rub. / 731 days x 140 days. = 35,852.26 rubles .
- 24 months x 7,800.0 rub. / 731×194 days. = 49,680.98 rub.
Benefit up to one and a half years
This the benefit is calculated according to the formula given above. Its size is equal to 40% of average monthly earnings.
Thus, in 2018, an entrepreneur was entitled to:
- RUB 7,800.0 x 40% = RUB 3,120.0 .
In 2017, individual care providers received RUB 3,000.0.
Attention! The thresholds for care allowance are established by law for up to one and a half years. They are:
- minimum:
- for one child - 3065.69 rubles. ;
- for the second - 6131.37 rubles. ;
- maximum - 11,634.5 rubles.
Benefit for production onaccountingon early stages
The the type of payment is additional. Its amount is not related to earnings. In 2019, 613.14 rubles are credited.
To receive you need:
- Write an application no later than six months after the end of sick leave.
- Attach a certificate from the antenatal clinic stating that registration was completed before 12 weeks. A copy of your passport.
In addition to the above, an individual entrepreneur may qualify for a one-time payment associated with the birth of a baby. Its amount is fixed. In 2019, 16,350.33 rubles are transferred to recipients. To make an appointment, you must also provide a copy of the baby’s birth certificate.
How to get benefits from the Social Insurance Fund
An individual entrepreneur who fulfills all the terms of the contract with the Fund, upon the occurrence of an insured event, must do the following:
- Write an application requesting payment of one or another type of benefit.
- Attach a package of supporting documents:
- copy of passport;
- certificate of incapacity for work;
- certificate of early medical registration;
- a copy of the child's certificate.
The subtleties of registration of benefits are as follows:
- A copy of the agreement is not attached, since the second copy is in the department.
- In any case, you should contact the FSS department with which the agreement was signed.
- Data for transfer must be indicated in the application:
- Postal office;
- account details .
- Often, a certificate from the husband’s place of service is required stating that he is not accrued a specific type of preference.
Important: an entrepreneur working additionally under a contract can receive all types of payments related to childhood and maternity from two sources:
- as a voluntary insured;
- at the employer.
How to get benefits through your employer
Persons engaged in hired labor are automatically insured by the Fund. Therefore, they are entitled to benefits in general procedure. An individual entrepreneur who is also a hired worker must:
- write a statement to the employer, providing copies of:
- birth certificates of the baby;
- certificates of early registration;
- sick leave;
- independently contact the FSS in the manner described above.
Thus, the accrual amounts will increase. After all, contributions for this worker are deducted from two sources.
Is it necessary to stop business during maternity leave?
The decision to cease activities for a certain period is made by the businessman himself. Tax authorities recommend focusing on the type of taxation. Thus, it is more profitable for single tax payers:
- suspend activities;
- deregistered as a taxpayer.
The fact is that the amount of a single contribution to the budget is not related to income. If you do not officially announce your retirement, the tax authorities will begin to charge the usual payment. And for not submitting it there are also penalties. This is unprofitable and troublesome for mother and baby.
Important: even if activities are suspended, you will have to submit zero reports to the Federal Tax Service.
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If future mom she is employed in an individual enterprise, of course, she is concerned about the question of whether maternity benefits are paid to employees of individual entrepreneurs. The law establishes that all working women receive these benefits, although the amount of payments will differ significantly. Thus, this type of compensation is also due to this category of employees, provided that the individual entrepreneur transferred contributions to the Social Insurance Fund for the employee.
What is maternity leave?
First of all, you need to decide what it is maternity leave individual entrepreneur, since this concept itself is often interpreted differently and is not always true. So, maternity leave, or maternity leave, is a period when a woman is freed from her labor responsibilities due to disability caused by pregnancy and subsequent childbirth. That is, in fact, this only includes a strictly established time interval before the birth of a child and a certain period after his birth.
The duration of this type of leave may vary, as it depends on certain circumstances:
- Normal birth. The duration of the vacation is 140 days (70 days before childbirth and 70 days after childbirth).
- Complicated childbirth. The duration of the vacation is 156 days.
- Multiple pregnancy. The duration of the vacation is 194 days.
This type of leave is provided on the basis of a certificate of incapacity for work, which is issued by the clinic at the place of residence or other medical organization where the employee expecting a child is registered. The amounts of the corresponding payments for individual entrepreneurs are calculated based on the employee’s average daily earnings, the billing period and the duration of the vacation.
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Prerequisite
One very important point should be noted: maternity benefits for an individual entrepreneur are paid only if the employer transferred insurance contributions for him to the Social Insurance Fund. That is, if the employee was registered in full accordance with Labor Code Russian Federation, as a rule, he does not have problems with receiving maternity benefits.
If a woman herself is the owner of a business, she has every right not to pay insurance contributions to the Social Insurance Fund for herself, but at the same time she will not receive any maternity benefits, since the benefit is paid from this fund, the funds of which are formed from contributions from enterprises and organizations.
In order to be guaranteed to receive these payments, a woman entrepreneur, before going on leave due to pregnancy and the birth of a child, must pay fixed insurance contributions to the Social Insurance Fund on a voluntary basis for a year. Moreover, the greater these voluntary contributions to the Social Insurance Fund, the greater compensation she will receive after childbirth, but no more maximum size established by law. The amount of contributions that must be transferred to individual entrepreneurs for themselves depends on the minimum wage. This amount can be paid in installments, or at once, the main thing is that it is paid before the end of the accounting year.
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Determining the amount of payments
When determining how much maternity pay will be paid to an employee, data is taken for the two previous years worked. This includes only fully worked and fully paid days. In this case, all sick leave and vacations are not taken into account. If an individual entrepreneur who is expecting a child is the owner of this enterprise, there will be fewer problems for her, since sick leave certificates may not have been issued to her. If an individual entrepreneur has worked at another company for the previous two years, this data is also taken into account when calculating the amount of maternity pay.
As for the size of the benefit itself, the individual entrepreneur pays maternity benefits to employees, as mentioned above, based on their wages for the previous two years. If the owner of the individual entrepreneur herself goes on maternity leave, the benefit value is calculated differently, since in this case the woman does not receive wages. For such women, the amount of income for the billing period is taken into account. This amount is divided by the number of full days worked during this time.
Maternity benefits are paid one-time after all Required documents will be submitted to the FSS. The minimum and maximum payment of maternity leave to an individual entrepreneur is strictly regulated. Maternity payments in this case must be within the minimum and maximum values established by the state.
After a woman submits all the necessary documents, she has every right to receive cash benefits. But that is not all. In addition to this amount, if a pregnant woman registers with a medical institution no later than 12 weeks, she will also be given a one-time allowance for registering with early period. The amount of this payment in 2016 was 543.67 rubles.
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Paperwork
For correct design maternity leave and subsequent receipt of appropriate payments to an individual entrepreneur, in general, you need to perform the following steps:
- First of all, she should register with a gynecologist at a medical institution, preferably no later than 12 weeks from the start of pregnancy. There you must also issue a sick leave certificate (generally for 140 days) from the 30th week of pregnancy.
- If a woman was registered no later than 12 weeks of pregnancy, she needs to get a certificate about this.
- Write an application addressed to the owner of the individual entrepreneur for maternity leave and an application for maternity benefits. In the event that a woman herself is the owner of an individual entrepreneur, she writes an application in her name.
- After giving birth to one or more children, an employee has the right to receive child care benefits until the child turns 1.5 years old. To do this, a corresponding application is written to the employer, accompanied by the child’s birth certificate and a certificate from the father’s place of work stating that he was not assigned this benefit.
- Sometimes it is more profitable for a family for the child’s mother to work and for the father to look after the children. The law establishes that a father who is an individual entrepreneur can also take parental leave, if necessary. In this case, he must provide his employer with the same package of documents.
Some female individual entrepreneurs have the opportunity and desire to continue working after the birth of a child even before the end of maternity leave, but they are not sure whether the owner of the individual entrepreneur will agree for them to go to work.
It should be remembered that even if an individual entrepreneur went on maternity leave after the birth of a child, she has the opportunity to go back to work, working part-time or part-time and at the same time receiving compensation for caring for the baby. Moreover, the owner of an individual entrepreneur has no right to terminate the employment contract with such an employee.
Often women are concerned about the topic, if I am an individual entrepreneur, how to get maternity benefits in 2019. It is necessary to understand that maternity payments are only due to those persons who pay contributions to the Social Insurance Fund. Accordingly, it is recommended to take care of upcoming benefits in advance by concluding a special agreement.
Definition of maternity leave
The concept of maternity leave cannot be found in the Labor Code. It is used for ease of communication. In fact, maternity leave is a period including:
- maternity leave for up to one and a half, and then three years.
The first part of the maternity leave is issued only by the child’s mother and can last from 140 to 194 days, depending on the outcome of the birth:
- one hundred and forty days, standard case, a woman goes on maternity leave at 30 weeks of pregnancy;
- an additional sick leave for 16 days is issued to the mother in case of difficult childbirth;
- One hundred and ninety-four days of sick leave are given to a woman when expecting two or more children at the same time. Then she goes on maternity leave at 28 weeks. Read more about maternity leave during multiple pregnancies.
It is possible to stay with the child until the age of three. Then the benefit is paid by the employer and its amount usually does not exceed 50 rubles.
The first two periods are paid for by the woman from the Social Insurance Fund. The procedure for granting leave related to pregnancy and childbirth, as well as child care, is regulated by Articles No. 255 and No. 256 of the Labor Code.
Maternity benefits for individual entrepreneurs
Whether an individual entrepreneur receives maternity benefits depends on the type of benefit and a pre-concluded agreement with the Social Insurance Fund. Mandatory payments for a pregnant woman as an individual entrepreneur are:
Additionally
Employees of individual entrepreneurs who are registered at work according to employment contract, have the right to all payments in accordance with current legislation. In this case, the individual entrepreneur acts as an employer who is obliged to pay contributions to the Social Insurance Fund for his employees. Therefore, when receiving maternity leave, female employees of individual entrepreneurs should not have problems.
- by birth;
- for caring for a child up to one and a half years old.
There are several types of benefits that a pregnant woman as an individual entrepreneur is entitled to receive in 2019:
- if registered before 12 weeks of pregnancy - 615.47 rubles;
- by birth - 16,412.38 rubles;
- for caring for the first baby up to one and a half years old - 3,077.32 rubles, for the second - 6,157.64 rubles.
All of the above payments are regulated by Federal Law No. 255 and Art. 9 normative act RF dated May 19, 1995 No. 81-FZ.
The first two benefits may increase when the regional coefficient is used in the area of individual entrepreneur registration. This applies to the Far North.
How to apply for maternity leave as an individual entrepreneur
Individual entrepreneurs have no obligation to pay FSS contributions. Accordingly, all payments for certificates of incapacity for work bypass them. It turns out that they cannot receive maternity benefits either.
According to Federal Law No. 255 of December 29, 2006, in order to receive this type of benefit, a woman entrepreneur must enter into a special agreement with the Social Insurance Fund at least six months before receiving a certificate of incapacity for work. On the day of application, all contributions must be deposited into the FSS account. Documentation required for concluding a contract:
- application in the prescribed form;
- photocopies of ID, registration certificate, TIN.
Additionally required:
- receive a notification from the FSS about registration;
- determine the amount of contributions;
- remit payment.
Calculation of contributions can be easily done according to the formula:
FSSV = minimum wage * 2.9% * 12, where
FSSV – contribution to the Social Insurance Fund;
Minimum wage – minimum wage;
2.9% - rate;
12 months.
If problems arise during the calculation, you can always seek help from FSS specialists for clarification.
When concluding a voluntary agreement between an individual entrepreneur and the Social Insurance Fund, an entrepreneur can also count on having his sick leave paid from the Fund’s funds, including for child care. In this case, the total insurance period will be taken into account, and it does not matter who made the contributions - the individual entrepreneur himself or his previous employer when he worked under an employment contract. The insurance period is summed up, and a woman entrepreneur will be able to receive compensation for a certificate of incapacity for work of 60% of average earnings (for less than 5 years of experience), 80% (for 5 to 8 years of experience) and 100% (for more than 8 years of experience).
Procedure for receiving individual entrepreneur benefits
A decree for individual entrepreneurs in 2019 is issued at the territorial body of the Social Insurance Fund at the place of registration. Each type of benefit requires an individual package.
When applying for benefits:
- For early registration:
- statement;
- photocopy of ID;
- certificate from the antenatal clinic.
- By birth:
- statement;
- copy of the passport;
- a copy of the birth certificate;
- birth certificate from the registry office;
- a certificate from the spouse’s place of work that he did not receive benefits.
- Baby care:
- statement;
- copy of ID;
- photocopy of birth certificate;
- a certificate from the spouse’s work stating that he is not using parental leave.
- For pregnancy and childbirth:
- sick leave;
- application of the established form;
- identification.
It is worth noting: Since the amount of child care benefits depends on how many children the individual entrepreneur has, when submitting documents for this payment, you must submit a copy of the birth certificate of the previous child (children). If this is not the entrepreneur’s first child, the benefit amount will be higher.
The first and third benefits can be received simultaneously, after receiving a certificate of incapacity for work. Payments for birth and child care are issued after the birth of the offspring. According to parts 2 and 3 of Article 13 of Federal Law No. 255, benefits are transferred to the applicant no later than 10 days from the date of registration of documents.
A woman individual entrepreneur has the right to indicate in her application the method of transferring money:
- personal bank account;
- individual entrepreneur account registered with social insurance;
- by mail;
- to a bank card.
When contacting the FSS, a woman, in addition to copies, must bring the originals of all documentation. The authority’s specialist will verify the accuracy of the information with the original.
Watch in this video how a female individual entrepreneur can receive maternity benefits
When a woman individual entrepreneur is additionally registered as a worker
Sometimes entrepreneurs additionally work officially themselves. Accordingly, they pay FSS contributions to double size. Once as an individual entrepreneur and a second time as a hired worker. According to this situation, a pregnant individual entrepreneur is entitled to double benefits.
A bonus for individual entrepreneurs on maternity leave is the opportunity not to pay Pension Fund contributions. The only condition is the absence of actual activity. If you have income, you will have to pay taxes.
All workers, according to the law, have the right to maternity leave. Whether individual entrepreneurs receive maternity leave depends on the existence of a special pre-concluded agreement with the Social Insurance Fund. Since almost all benefits are paid through social insurance.
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Our state establishes benefits for young mothers. And not only for those who are workers, but also for those who have own business. Wherein due payments are divided into two main types:
- one-time - issued to the mother immediately after the birth of the child;
- regular - paid to support the child once a month for one and a half years after his birth.
A slightly different situation is established regarding the payment of maternity benefits in accordance with the current sick leave. Only those individual entrepreneurs who have a valid insurance contract with the Social Insurance Fund and who have regularly made all payments provided for by law over the past period of time will be able to claim such a benefit.
If the entrepreneur was not insured by the Social Insurance Fund
Since paying contributions to the Social Insurance Fund is not the direct responsibility of persons registered as individual entrepreneurs, maternity benefits for sick leave will not be accrued to them in all cases. However, a woman engaged in official business can count on receiving the following amounts:
- A one-time payment for early treatment and registration at the antenatal clinic is 615 rubles.
- A one-time payment immediately after the birth of a child is 16,412 rubles.
- Regular benefit paid once a month - 3077 rubles.
- The regular benefit established in the event of the birth of a second child or subsequent children is 6,154 rubles.
In relation to the first two above payments, a regional coefficient may also be established, if it is valid in a given territory of our state. In addition, the final amount of the benefit may be influenced by indexation carried out by our government, as a rule, every year.
Procedure for processing maternity payments
In order for a woman registered as an individual entrepreneur to have a legal right to receive maternity payments from the state, she must conclude a social insurance agreement at least 6 months before the expected date of going on maternity leave. Throughout this period, she must also transfer the contributions required by law. In this case, the procedure will be as follows:
- Drawing up and submitting a written application to the local social insurance fund office.
- Providing the required package of documents, the contents of which are best clarified at the place of application. As a rule, it includes: passport, TIN certificate, etc.
- Receiving official notification that a person has been registered with the social insurance fund.
- Independent calculation of the exact amount of insurance premiums that will need to be paid for a certain time period.
- Transfer of the resulting contribution amount.
If you have questions about the package of documents, as well as other aspects of drawing up a social insurance agreement, it is always better to contact the institution that will be the second party to the above agreement. FSS employees will also help with the correct calculation of the amount that will need to be paid.
What amounts must be transferred to the Social Insurance Fund?
The final amount must be calculated immediately for the entire annual period. In this case, further payment may be different, depending on the wishes of the payer himself. For example, he can transfer the entire amount at once or divide it into several parts. It should be remembered that all debts must be repaid by December 31 of the current year.
The calculation is carried out using the standard formula:
Insurance premiums = minimum wage x2.9%x12
The minimum wage is the minimum wage established in a specific region of our state and regularly undergoes an indexation procedure. The percentage ratio of 2.9 is the current generally accepted tariff in the Social Insurance Fund. It is multiplied by the number of months in a year - 12.
If we add up all the indicators in force in 2017, it turns out that a woman registered as an individual entrepreneur will have to transfer 2,610 rubles to the Social Insurance Fund. This amount will be correct for those persons who registered immediately at the beginning of the year. In cases where the application is made later than January 1, the calculation for each applicant will be carried out on an individual basis.
Let's look at a corresponding example:
The entrepreneur has submitted the relevant documents to the Social Insurance Fund and will pay the required social contributions from July 1. Therefore, in the current year the payment period will be the remaining 6 months of the year.
The monthly payment calculation will look like this:
7800 (current minimum wage) x 0.029 = 226 rubles.
Consequently, for 6 months the insured person will be required to pay 1357 rubles (226 x 6).
Additional responsibilities of insured entrepreneurs will also include submitting regular reports on time. In accordance with current requirements, each person is required to submit a report to the fund on special form, no later than January 15 of the year following the reporting year. This document clearly reflects all amounts paid, as well as other transactions directly related to social benefits and guarantees.
What documents need to be submitted?
If an individual entrepreneur was a regular payer of social insurance payments, in order to receive maternity benefits he will need to submit:
- written statement;
- sick leave, duly executed and signed by an authorized person.
In relation to registration of other types of benefits, the following documents may be required:
- a certificate from the hospital, which will confirm the fact of early registration of the pregnant woman with official registration;
- child's birth certificate;
- birth certificate issued and registered with the civil registry office;
- documentary evidence that cash benefit has not previously been paid to the child's father;
- the person’s passport, as well as an insurance certificate.
If necessary, the authorized person may require the provision of other documents, for example, an extract from work book, or a certificate from the passport office.
Other features of the benefit design
If a woman, despite her registered entrepreneurship, also performs professional duties at another place of work, the payment of benefits becomes the direct responsibility of her employer. That is, in fact, such a person has every right to receive benefits twice - one in the Social Insurance Fund, and the other at the place of official work.
In order for the employer to pay the benefit, the employee must write an official statement addressed to him. In this case, you should not forget to take two copies of the sick leave certificate from the medical institution. An important point it is also that both of these copies must be originals - accepting copies is not acceptable.
The Social Insurance Fund can transfer benefits to the mother’s personal account or to an official account registered with the Social Insurance Fund.
The allowance for timely registration is paid along with maternity leave. As soon as the official period of maternity leave comes to an end, the accrual of child care benefits will begin immediately. These payments will continue until he turns one and a half years old.
When processing maternity payments provided for by the state, it is very important not to lose sight of the established deadlines within which the interested person must apply to a particular institution. As a rule, each such period is 6 months, for example:
- after the birth of a child, his mother must apply to the Social Insurance Fund within six months;
- after maternity leave has ended, the mother, also within six months, must contact the Social Insurance Fund to establish regular payments for child care.
It should also be remembered that the initiative should always come from the person interested in receiving payments. Consequently, the child’s mother must promptly visit all the necessary authorities and submit the required documents there. In addition, in the absence of a valid agreement with the Social Insurance Fund, the amounts of payments due will be very small. That is why you should take care of preparing this document in advance.
In the modern world, more and more more women leave their employers and start working for themselves, opening an individual entrepreneur. If such an individual entrepreneur turns out to be pregnant, then the first question that arises is what maternity benefits are due to pregnant female individual entrepreneurs. We will talk about this in this article, we will figure out what a woman can count on in the event of pregnancy, childbirth and child care, being an individual entrepreneur.
1. Payments for pregnancy and childbirth (maternity benefits)
Many women who are individual entrepreneurs think that in case of pregnancy and childbirth they will receive the same benefits as other mothers, but this is far from the case. In accordance with Law No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”, maternity benefits are provided only to certain persons:
- those who work under an employment contract also include heads of organizations that are the only founders, members of organizations, owners of their property;
- employees of municipal institutions and state civil servants;
- clergy;
- those sentenced to imprisonment and involved in paid work;
- those who hold state and municipal positions in the Russian Federation, filled on a permanent basis;
- those who take personal labor participation in the activities of a production cooperative.
But there are no individual entrepreneurs here, but this is due to the fact that, in accordance with the law Russian Federation entrepreneurs do not pay contributions to the Social Insurance Fund.
Individual entrepreneurs are not insured persons in the Social Insurance Fund and cannot receive maternity benefits.
All this, of course, is sad, since maternity benefits amount to a significant amount and no one wants to lose it. How can a woman receive this benefit if she is an individual entrepreneur? There is only one way out.
There is one way to receive benefits for individual entrepreneurs; for this, a woman needs to be registered with the Social Insurance Fund, receive voluntary social insurance and pay fixed payments. Moreover, there is one peculiarity here: in order to obtain the right to insurance coverage in the current year (2014), you need to register with the Social Insurance Fund in 2013 and pay a fixed payment for the entire 2013 by December 31 of this year.
If a woman registered with the Social Insurance Fund in 2013 and goes on maternity leave in the same year, she is not entitled to benefits. If she registered with the Social Insurance Fund in the same year 2013, and on maternity leave it's already underway in 2014, and at the same time paid a fixed payment for 2013, then she can count on maternity benefits in the minimum amount. The benefit will be calculated based on the minimum wage.
2. One-time payment for early registration at a medical institution
Another payment that a woman individual entrepreneur can count on is a one-time benefit if she registered with an antenatal clinic during the first 12 weeks of her pregnancy. She also receives the right to this benefit provided that she is registered with the Social Insurance Fund and pays a fixed contribution there.
3. Allowance for child care up to 1.5 years
Since January 1, 2007, everyone in Russia has been paid without exception, that is, individual entrepreneurs can also receive it, but of course, there will be differences in the process of receiving this benefit for insured and uninsured individual entrepreneurs.
If individual entrepreneurs are persons insured by the Social Insurance Fund
After the end of maternity leave, like other working women, mothers of individual entrepreneurs receive child care benefits from the Social Insurance Fund to their current account, which they use in entrepreneurial activity. At the same time, women individual entrepreneurs must report to the Social Insurance Fund once a year about receiving benefits in Form 4a-FSS of the Russian Federation. If the child is not registered with the mother, the benefit will still be paid, since to receive it it does not matter where the child is registered.
If individual entrepreneurs are not insured by the Social Insurance Fund
In this case, individual entrepreneurs, like non-working women, receive benefits for child care after his birth from the body social protection population to a bank account. They do not need to report on receiving benefits, and the child must be registered with the mother.