Lawyer
Lawyer practicing military law and recalculation of military pensions. Specializes in issues of mobilization, namely providing consultations, obtaining postponement of mobilization, issues of passing the military medical commission. Assistance to military personnel, provision of consultations, writing of reports, support for dismissal from military service, appealing the conclusion of the military medical commission, etc.
Are adult children entitled to OGD?
Table of Contents:
Who is entitled to payment for a deceased serviceman?
The issue of social protection of families of servicemen is one of the priority areas of work carried out daily by the law firm Prykhodko and Partners. In particular, one of the aspects is the implementation of the right to a one-time cash benefit (OGD). Many clients are interested in whether adult children are entitled to OGD, because the legislation has been constantly changing and many are confused about which group of persons can claim payments.
In this article, we will analyze in detail the current norms and practice regarding payments to adult children of deceased defenders in accordance with current changes in the law.
Key points
- According to the current law, all children of a deceased serviceman are entitled to OGD, regardless of their age and working capacity.
- Adult children have the right to an equal share of the payment on an equal basis with other members of the immediate family.
- The circle of recipients also includes children conceived during the life and born after the death of a serviceman.
According to the current wording of clause 4 of article 16-1 of the Law of Ukraine “On Social and Legal Protection of Military Personnel and Members of Their Families”, the legislation clearly defines the list of persons entitled to assistance, namely:
- children, including adopted children, conceived during the life of a deceased (deceased) person and born after his/her death, as well as children in respect of whom the deceased (deceased) person was deprived of parental rights during his/her life;
- a widow (widower);
- parents (adoptive parents) of the deceased (deceased) person, if they were not deprived of parental rights in respect of him/her or their parental rights were renewed at the time of his/her death (death);
- grandchildren of the deceased (deceased) person, if at the time of his/her death (death) their parents died (died);
- a woman (man) with whom the deceased (deceased) person lived as a family, but were not married to each other or in any other marriage, provided that this fact is established by a court decision that has entered into legal force;
- other dependents of the deceased (deceased) person who are entitled to a pension in case of loss of breadwinner in accordance with the Law of Ukraine "On Pension Provision for Persons Discharged from Military Service and Certain Other Persons".
OGD for adult children of the deceased
Previously, there was a legal conflict when only minor children or students under the age of 23 could receive the payment. However, today the answer to the question of whether adult children are entitled to OGD is unequivocal - yes, they are. The law directly indicates "children" as a category without an age limit of 18 years.
Comparative table of rights of children of different categories:
| Category of child by law | Does dependent status need to be established? | Right to a share of 15 million UAH |
| Minor children | No | Yes |
| Adult children (regardless of age) | No | Yes |
| Adopted children | No | Yes, with equal rights |
| Children conceived during life but born after death | No | Yes, after birth |
The procedure for payment for a deceased military serviceman
Despite the simplification of legislative norms regarding the circle of persons, the procedure for processing documents remains strictly regulated.
- Collection of documents.
- Submission of an application.
- Assignment of a share.
- Payment
Legal support for receiving payments
Despite the clear provisions of the law, in practice, adult children often face serious obstacles. Quite often, the authorized bodies refuse to accept the application even at the stage of submitting documents. Officials may interpret the provisions of the law in an outdated manner, claiming that only minors or students are entitled to payments. In such cases, the professional intervention of a lawyer is critically necessary to immediately correct the situation.
In addition, after submitting documents to the Commission, it often turns out that certain certificates are incorrectly drawn up or not attached in full, which leads to the case being returned without consideration.
That is why the law firm Prikhodko and Partners offers full legal support: from the initial collection of certificates and analysis of the right to payment to the moment the funds are actually credited to your account.
Do you have any additional questions? Leave a request on the website or call us and our lawyer will call you back.
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How much do children of a deceased soldier receive?
Each child, regardless of age, receives an equal share of the total amount of 15,000,000 hryvnia.
Are people entitled to payments for a deceased brother/sister?
According to the law, siblings are entitled to payments only as “other dependents” if they can prove their entitlement to a survivor’s pension or if a personal instruction has been issued.
How long does it take to receive payment for the deceased?
Unfortunately, there are no specific deadlines.
Is it possible to challenge a denial of payment?
Yes. If an adult child is denied admission due to age, this is a serious violation of the law, which is 100% subject to appeal in court.
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