Woman Asks to Review Decision on Monthly Child Allowance
Altai Krai mother wins landmark child support case against pension fund
A woman has filed a lawsuit against the Altai Krai branch of the Pension and Social Insurance Fund due to the size of the monthly allowance she receives for her two underage children. Details were shared by senior assistant prosecutor Ekaterina Anisimova.
According to the case materials, the city prosecutor, acting in the interests of the minors through their legal representative - the mother, filed a lawsuit against the Altai Krai branch of the OSFR, in which she requests: to recognize the decision on the appointment (provision) of social support measures as illegal in terms of establishing the size of the allowance. He also asks to oblige the OSFR branch for the Altai Territory to review the amount of payments.
Thus, the woman was assigned an allowance in the amount of 50% of the subsistence minimum. When filling out the application, she noted that she receives alimony without a court decision, but did not indicate the amount. In this regard, when calculating the average per capita income of the family, the monthly amount of alimony payments for children is taken into account, which is 1/3 of the minimum wage. The family's income included: wages and other payments from the applicant's workplace.
The total income of a family of three is just over 400 thousand rubles, and the average per capita income is about 12 thousand rubles, which does not exceed the subsistence minimum per capita.
The court adopted a decision to satisfy the claims: to recognize the decision of the OSFR on the appointment (provision) of social support measures as illegal, to review it in the direction of increasing the allowance size to 100% of the subsistence minimum. Also, to make a monthly allowance payment in the specified amount in relation to minors.
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