Certificate of establishment of the fact of care for the territorial centers

The issue of obtaining a deferment from mobilization for care remains one of the most sensitive for Ukrainians, who are simultaneously responsible for relatives who need daily care. 

Changes in legislation and the active practice of the territorial centers led to the fact that many families were faced with the requirement to provide a document that almost no one had heard of a year ago — an act of establishing the fact of care. 

It is drawn up in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 560 and aims to confirm the real care of a person liable for military service for a relative. 

The territorial centers is not authorized to independently establish whether care is actually carried out. That is why the social protection commission visits the address, talks with the person in need of care, assesses his condition, living conditions, and concludes on the need to involve a caregiver. The result of such an examination is an act. 

When the act is really needed 

Most often, the act is required in two situations, which are covered by paragraphs 9 and 14 of the Law of Ukraine "On Mobilization Training and Mobilization". 

Caring for a relative under paragraphs 9 and 14 of the Act 

In most cases, the act of establishing the fact of care is required when a person liable for military service claims a deferment as a person who provides permanent care for a relative. 

The law allows you to get a deferment if the care is carried out for the wife, husband, child, parents, parents of the wife or husband or relatives of the second or third degree of kinship. 

The main condition that many people forget is that the person who is cared for should not be entitled to compensation for care. If compensation is granted, a deferment under these points is not granted, because it is considered that care is provided by another person - a caregiver or social worker. 

It is in order to prove to the territorial centers the real state of affairs — accommodation, the need for daily care, the inability of a person to self-service — that an act drawn up based on the results of the examination is needed. 

When the act is not needed at all 

• Firstly, an act is not required if the person being cared for is already receiving compensation for care. This is independent, official, sufficient evidence that care is provided at the state level. 
• Secondly, there are a number of grounds for postponement that are not related to care, so the act is not required under any circumstances. 

These are, for example, cases when a deferment is granted: 

1. due to the fact that the wife has a disability of any group; 
2. through raising a child with a disability; 
3. if there are three or more minor children; 
4. for other social or family circumstances that do not provide proof of care. 

Separately, it should be emphasized: the territorial centers does NOT have the right to require an act of care if the reason for the postponement is a spouse with a disability or a child with a disability. Such requirements are not provided for by law and can be appealed. 

How is the procedure for drawing up an act 

The process of drawing up an act of establishing the fact of care is relatively simple, but still requires care. To begin with, the person liable for military service or the person in need of care applies to the territorial social protection body. 

After that, a commission or a responsible person is appointed to conduct an examination of living conditions. 

During such an examination, not only the fact of residence is checked, but also whether the person really needs help, whether his condition meets the criteria for permanent care. The commission can ask clarifying questions, ask to see medicines, medical documents, prescriptions, care products. 

Based on the results, an act is drawn up, which indicates: 

• data of the person liable for military service; 
• data of the person being cared for; 
• the basis for the need for care; 
• the fact of living together or daily care; 
• confirmation that no compensation for care has been granted. 

The period for drawing up an act is usually from several days to two weeks, depending on the workload of social services. 

What you should pay attention to and what mistakes happen most often 

Many delays and refusals in the territorial centers occur due to banal inaccuracies. It is important to carefully check the data in the act: address, name, wording about the actual care. If the act does not directly indicate the lack of compensation, the territorial centers may return the documents for revision. 

Also, families often face a situation when territorial centers employees require additional certificates or documents that are not provided for by regulations. 

In such cases, it is worth insisting on written explanations, demanding a reference to a specific norm or submitting an application through the office, which makes oral manipulations impossible. 

Keep copies of all documents, including acts, statements, and correspondence. In case of unlawful refusal, you will be able to file a complaint to the highest level of the territorial centers or protect your rights in court. 

The act of establishing the fact of care is not a formality and not a universal requirement for everyone who wants to receive a deferment. This is a document that is required only in cases clearly defined by law. 

It plays a key role when it is necessary to confirm the real care of a relative who does not receive compensation and needs the daily participation of a person liable for military service. 

In situations where the reason for the postponement is not related to care or when the law does not directly require confirmation of the fact of care, the territorial centers does not have the right to request an act. Understanding these nuances will avoid unnecessary requirements, delays and unlawful refusals, and will also help to correctly draw up all the documents the first time. 

If you need an individual analysis of the situation or support in applying for a deferral, you should contact the lawyers of Prikhodko & Partners Law Firm. The company's specialists will help you prepare the necessary documents, protect your rights and avoid illegal requirements of the territorial centers.