Restoration of housing and utility service benefits for Chernobyl victims

Benefits for housing and utility payments are an important state guarantee for citizens affected by the Chernobyl disaster. For many pensioners, such a benefit has effectively been an integral part of social protection for many years. At the same time, in practice, situations arise when the Pension Fund of Ukraine terminates the benefit or refuses to restore it, referring to the level of family income. This issue became particularly acute in 2025–2026, when provisions concerning the consideration of average monthly family income were introduced into the mechanism for granting certain benefits. As a result, some citizens who had previously received the statutory discount on utility payments were notified that the benefit had been terminated due to exceeding the established income threshold.

Pension law lawyers at "Prikhodko & Partners" note that the legality of such restrictions has already become the subject of numerous court disputes. Courts draw attention to a fundamental circumstance: the right of Chernobyl victims to the relevant social guarantee is established by the special Law of Ukraine № 796-XII, and therefore a subordinate regulatory act cannot narrow the scope of this right contrary to the law.

What benefit is provided to Chernobyl victims?

The main regulatory act in this area is the Law of Ukraine dated February 28, 1991 № 796-XII “On the Status and Social Protection of Citizens Affected by the Chernobyl Disaster”. Depending on the category of the affected person, the law provides for various social guarantees, including benefits for housing and utility payments. In particular, paragraph 11 of part one of Article 20 of Law № 796-XII provides persons classified as Category 1 with a 50-percent discount on housing and utility payments within the established limits. Certain benefits are also provided for by Articles 21 and 22 of Law № 796-XII for other categories of persons affected by the Chernobyl disaster. Therefore, in order to determine eligibility, it is not enough simply to establish that a person is a pensioner or has the status of a person affected by the Chernobyl disaster. It is necessary to determine the specific category, the relevant provision of the special law, and the amount of the benefit provided for by it. It is the special law that constitutes the primary legal basis for entitlement to the benefit, while the government procedure mainly determines the mechanism for its implementation and payment.

Why can the Pension Fund terminate the benefit?

Starting from 2025, one of the most common reasons for terminating the benefit has been the excess of the average monthly aggregate family income. In practice, the Pension Fund may notify a person that the average monthly income per family member has exceeded the income threshold that entitles a person to a tax social benefit. After that, payment or provision of the relevant benefit is terminated. This approach is related to provisions of budget legislation and government regulations that established an income criterion for certain benefits for the relevant budget periods.

For 2026, the relevant implementation mechanism is determined, in particular, by Resolution of the Cabinet of Ministers of Ukraine dated February 25, 2026 № 269. It provides for the granting of certain benefits, including those defined by Articles 20–22 of Law № 796-XII, subject to compliance with the average monthly family income criterion. Thus, in 2026, there is effectively a situation in which special Chernobyl-related legislation provides for the right to a benefit, while budget legislation and the government procedure establish an additional criterion for actually receiving it. This conflict is one of the key arguments in disputes with the Pension Fund.

Court practice regarding the restoration of Chernobyl benefits

The issue of restoring housing and utility benefits has already become the subject of administrative court cases in 2026. In particular, courts are considering claims filed by persons who have the status of victims of the Chernobyl disaster but received a refusal from the Pension Fund or had their benefit terminated due to exceeding the income threshold. In a number of cases, courts proceed from the fact that Law № 796-XII does not directly make the right to the relevant benefit dependent on family income. Therefore, the court examines whether the Pension Fund lawfully applied the income criterion to a particular person.

The legal position of the Constitutional Court of Ukraine dated August 28, 2020 № 10-r/2020 is also important. According to this position, the State Budget Law should not be used to amend or abolish rights and social guarantees established by other laws. Court practice also applies the approach that a court is not obliged to apply a regulatory legal act if it contradicts an act of higher legal force. This position was expressed by the Supreme Court, in particular, in its rulings dated August 12, 2019 in case № 913/204/18 and March 10, 2020 in case № 160/1088/19.

At the same time, court practice should not be perceived as an automatic guarantee of a favourable decision. The specific category of the Chernobyl victim, the applicable legal provision, the period when the benefit was terminated, and the circumstances of the application to the Pension Fund are important.

Restoration of the benefit: what should you do after payments are terminated?

If the Pension Fund has terminated the utility benefit, you should not limit yourself to an oral request to the institution’s employees. The first step is to obtain information about the reason for the termination of the benefit.

It is advisable to have a document from which it is possible to determine:

1. from which month the benefit was terminated;
2. which specific provision of legislation the Pension Fund refers to;
3. what family income was taken into account;
4. the number of family members;
5. the calculated average monthly income;
6. why the person lost the right to the benefit.

The next step is to submit an appropriate application to the Pension Fund for restoration or granting of the benefit. This stage is of significant practical importance. Even if a person considers the termination of the benefit unlawful, it is necessary to properly document their application to the Pension Fund.

Why is it important to submit an application to the Pension Fund?

Court practice shows that sometimes a dispute arises not only regarding the right to the benefit itself, but also regarding compliance with the procedure for granting it. Therefore, if a person is actually entitled to the benefit but its payment has been terminated, it is advisable to submit an application in accordance with the established procedure and clearly indicate that the application concerns the restoration of a previously granted benefit. Documents confirming the relevant status should be attached to the application. After that, it is necessary to obtain the result of the application review. If the Pension Fund refuses, this refusal or the authority’s actual inaction may become the subject of judicial appeal.

Restoration of the benefit through court

If the Pension Fund refuses to restore the benefit, the person has the right to apply to an administrative court.

Depending on the circumstances of the case, the statement of claim may include requests to:

• recognise the actions of the Pension Fund as unlawful;
• recognise the refusal to grant or restore the benefit as unlawful;
• oblige the Pension Fund to calculate the benefit;
• oblige the Pension Fund to accrue and pay the benefit;
• oblige the Pension Fund to restore the benefit from the relevant date.

Special attention should be paid to the wording of the last claim. It is not enough simply to ask the court to “restore the benefit”. It is necessary to clearly specify the date from which the person requests the accrual to be made, the legal provision under which it should be made, and the amount of the benefit.

Legal assistance in restoring Chernobyl benefits

Restoration of a housing and utility benefit may require not merely the submission of a standard application, but a comprehensive analysis of legislation and court practice. A lawyer can examine the grounds for termination of the benefit, identify the provision of the special law that guarantees the right, analyse the resolutions of the Cabinet of Ministers of Ukraine applied by the Pension Fund, and prepare a legal position. If the benefit cannot be restored voluntarily, an administrative claim against the Pension Fund is prepared. In court, it is important to prove not only the existence of Chernobyl victim status, but also the unlawfulness of the specific actions or decision of the Pension Fund authority.

Housing and utility benefits for Chernobyl victims

The restoration of housing and utility benefits for Chernobyl victims in 2026 is a relevant issue in court practice. Special Law № 796-XII provides social guarantees for citizens affected by the Chernobyl disaster, while the Pension Fund authorities implement them in accordance with the established procedure. At the same time, in 2025–2026, disputes arose due to the application of the family income criterion to certain benefits. The existence of such a criterion in the government mechanism does not mean that every refusal by the Pension Fund is lawful. It is necessary to examine the relationship between the special law, budget legislation, resolutions of the Cabinet of Ministers of Ukraine, and the Constitution.

If the benefit was terminated due to exceeding the income threshold, the first step is to obtain official information from the Pension Fund, submit a proper application for restoration of the benefit and, in the event of refusal, consider the possibility of judicial protection. Court practice in 2026 confirms that the legality of restricting Chernobyl benefits based on income remains the subject of active administrative litigation. Therefore, each such case must be assessed individually, taking into account the category of the affected person, the specific provision of Law № 796-XII, the date the benefit was terminated, and the content of the Pension Fund’s decision.

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