Constant care for a disabled spouse

Permanent care for a spouse with a disability is a legally significant fact that may give the right to social guarantees, compensation payments, as well as a deferment from conscription during mobilization, subject to proper documentary evidence.  

A husband has the right to provide permanent care for his wife if she:  

• has a disability of group I or II, or  
•  according to the conclusion of the MAC, needs constant outside care,  
• actually lives with her husband and has no other persons who are obliged or can provide care.  

The fact of being in a registered marriage is an essential, but not sufficient reason — the key is medical confirmation of the need for care.  

To arrange permanent care, you must:  

Medical documents of the wife:  

• certificate of the MSEC on the establishment of disability;  
• conclusion of the MAC on the need for constant third-party care (if necessary).  

Appeal to the body of social protection of the population:  

• submission of an application to establish the fact of care;  
• examination of living conditions by the social protection commission;  
• drawing up an act of establishing the fact of care.  

Proof of actual care:  

• cohabitation;  
• absence of other caregivers;  
• real performance of domestic, physical and medical care activities.    

Legal consequences of establishing care  

After the official establishment of the fact of permanent care, a man acquires the right to:  

1. compensation payment for the provision of social services (subject to compliance with the requirements);  
2. inclusion of the period of care in the insurance period (in cases provided for by law);  
3. deferment from mobilization if the wife is a person with a disability and needs constant care, and there are no other persons to carry it out.  

If the disability of group III  

This is one of the most problematic categories.  

 Important: group III disability in itself is not a basis for:  

• establishment of constant care;  
• deferment from mobilization.  

You need:  

• separate conclusion of the MAC;  

Without this, the territorial centers legally will refuse. 

If the wife works or earns income  

This does not deprive you of the right to care.  

Authorities often wrongfully refuse, referring to:  

• official employment;  
• sole proprietorship;  
• receiving a pension or social benefits.  

The law assesses the state of health, not financial capacity.  

Territorial nuance (very important)  

Act of establishing the fact of care:  

• is issued at the place of residence of a person with a disability;  
• valid throughout Ukraine;  
• does not require re-registration when changing the territorial center.  

The refusal of the territorial center to accept the act through the "other district" is illegal.  

Permanent care for a spouse with a disability is a legally significant fact that has direct legal consequences in the field of social protection and mobilization legal relations.  

The mere fact of being married or having an established disability does not create an automatic right to benefits or deferral — the key is proper confirmation of the person's need for constant third-party care and its actual implementation by a particular person.  

Such care must be proven by a set of medical documents (the conclusion of the MSEC and, if necessary, the MAC), as well as an act of the social protection body on the establishment of the fact of care.