Basis over label
A bank memo does not replace an order, statute or award decision.
Targeted aid differs
Emergency compensation and general support are not the same.
Beneficiary matters
Money belonging to a child or another person is not automatically debtor income.
Identifying the payment
| Payment | Review | Main record |
|---|---|---|
| Ordinary employer assistance | Internal policy, order, reason and employment link | Order and payslip |
| State or municipal social aid | Statutory programme and protected category | Authority decision and programme details |
| Emergency, death or injury assistance | Purpose, event and special legal basis | Application, decision and event evidence |
| Family transfer | Gift, debt repayment, child support or other purpose | Agreement, correspondence and payment |
Protected grounds to check under Article 101
Checked on 21 October 2026. Article 101(1) of Federal Law No. 229-FZ identifies particular categories, rather than every payment labelled “assistance”. Find the relevant provision and prove its conditions.
| Provision | Check | Evidence |
|---|---|---|
| Item 8(c) | Organisation payments for childbirth, a relative’s death or marriage registration | Order, event record and payment |
| Item 14 | One-off aid on listed grounds, such as an emergency or a family member’s death | Award decision, event basis and source |
| Item 20 | State social assistance for a low-income person, including a social contract | Authority decision, programme or contract |
These are examples for checking, not the entire list. Bankruptcy exclusions of protected property are assessed under Article 213.25(3) of Federal Law No. 127-FZ. An ordinary family gift does not become state assistance through a similar payment memo.
When one transfer combines wages and assistance
- Ask payroll to separate the wage amount, assistance type, award date and number, and the basis for payment.
- Connect each component with the bank receipt and payslip. If the memo is incomplete, request official clarification while preserving the original records.
- In the written request, identify the particular amount and protection provision; attach the order, event evidence and statement.
- If disputed, obtain a written position and submit the disagreement to the bankruptcy court. Do not conceal the entire transfer or rewrite its purpose retrospectively.
What to say in an exclusion request
Illustrative wording: “Please assess separately and exclude the [payment type] of [amount], received on [date] from [payer], under [provision]. I attach [order or award decision], [event evidence] and [statement]. Please state the outcome and identify any missing records.”
Match the wording to the actual records and case stage before submitting it. This does not require publishing full bank statements or personal documents.
Proving an exclusion
Obtain the legal basis
Collect the employer order, authority decision or written agreement.
Prove the purpose
Attach treatment, emergency, funeral, child or other event records.
Trace the payment
Retain the statement, income code and actual beneficiary information.
State the position
Give the manager a written legal explanation; unresolved disputes go to the bankruptcy court.
When the label is insufficient
- annual vacation assistance may form part of remuneration;
- a one-off employer payment may fall outside fully protected statutory categories;
- targeted social aid requires the programme and award decision;
- child-purpose funds require beneficiary evidence;
- a family gift remains a disclosed receipt by the debtor;
- additional necessary expenses may be claimed separately with evidence.
Document set
| Document | Purpose |
|---|---|
| Order or award decision | Legal basis and purpose |
| Payment policy | Eligible class and conditions |
| Bank statement | Amount, date, payer and coding |
| Purpose evidence | Treatment, harm, death, child or other event |
FAQ
Is all employer assistance protected?
No. Treatment depends on the legal basis and whether the payment falls within a protected statutory category.
Can treatment assistance be preserved?
Purpose and evidence matter, but no automatic rule protects every payment carrying that label.
What about money from parents?
An ordinary transfer or gift is disclosed. A child-purpose or specifically protected payment requires proof.
Who resolves a dispute?
If the manager and debtor disagree, the commercial court in the bankruptcy case determines the issue.
How can childbirth or marriage assistance be evidenced?
Match the provision in the table above with the organisation’s order, event record and particular payment. A bank memo saying “assistance” alone is insufficient.
Official sources
- Bankruptcy Law, Article 213.25
- Enforcement Law, Article 101
- Civil Procedure Code, Article 446
- Supreme Court Review of 18 June 2025
Related guides: protected payments, subsistence minimum and maintenance and child-purpose funds.
Need to classify a particular assistance payment?
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