Deferral for care

Deferment from mobilization based on caring for disabled parents or a disabled wife is a common reason for avoiding military service during martial law. If you need advice or legal assistance in utilizing this opportunity for deferment, the lawyers at “Prikhodko&Partners” law firm are ready to help. In the meantime, we suggest you familiarize yourself with the key aspects of the legal regulation of this issue.

Who is eligible for a deferment from mobilization for care?

According to Procedure (Resolution) № 560 of May 16, 2024, this right can be exercised by individuals who provide constant care for those who need outside assistance. While at the beginning of the full-scale war it was relatively easy to register as a caregiver for another person and obtain a deferment from military service, today it has become significantly more difficult. Even in the case of relatives, it is often necessary to prove that there are no other persons capable of providing care.

The conditions for being able to apply for a deferment are as follows:

• the person receiving care is recognized as needing constant care (there must be either a decision from the medical commission or a disability group classification);
• the care is provided on a permanent basis;
• the caregiver lives with the person who needs care (the very nature of constant care does not allow for it to be provided remotely);
• the caregiver has a housing conditions inspection report confirming that the living conditions are adequate.

The list of documents that must be provided to representatives of the TCC to confirm permanent care is regulated by Cabinet of Ministers Resolution № 560.

A lawyer can help you with this matter in the following way:

• they will check the available documents;
• they will provide assistance and explanations regarding the step-by-step process for obtaining a medical commission’s conclusion and an examination report;
• they will prepare the application to the TCC;
• they will provide support in submitting documents to obtain a deferment.

Let’s consider in more detail the options for deferment based on providing permanent care.

Deferment from mobilization for care of parents

This possibility is provided for in accordance with Article 23 of the Law of Ukraine “On Mobilization Training and Mobilization”. It applies to those whose parents have a Group I or II disability, in the absence of other persons obliged to provide appropriate care.

A specialist will help establish the legal basis for the deferment and may also:

• to provide a complete legal overview of the client’s circumstances;
• to assist in collecting the necessary documents;
• to prepare the application;
• in case of refusal by the TCC, to appeal the decision to higher authorities or the court.

Therefore, it will be much easier for you to resolve the issue in a legal context if you have the assistance of a lawyer who specializes in military law.

Is it possible to register as a caregiver for a relative if you have a sister or brother?

This is also a fairly common question that those liable for military service ask their lawyers. Yes, it is possible to obtain a deferment in such cases, but only on the condition that other children do not provide actual care or are unable to provide it. For example, this applies to situations where they are abroad, have a disability themselves, or have young children of their own. To confirm this fact, the following are required:

• their explanations;
• certificates of residence;
• inspection reports from the social services.

The TCC makes a decision based on the actual circumstances. The key here is to prove that you are the only person who is actually caring for the relative.

A lawyer will help you:

• prepare a well-reasoned appeal to the TCC with supporting evidence;
• prepare the necessary documents from siblings;
• prevent rejection based on formal grounds.

Therefore, in this case, everything depends on how convincingly the evidence is presented to confirm the exceptional nature of the care provided.

The procedure for obtaining a deferment from mobilization for care

This procedure consists of the following steps:

1. obtaining a medical certificate from a medical expert commission stating that the person requires constant care (a disability certificate can also be used as an alternative);
2. submitting an application to the social protection authority to obtain a certificate confirming the fact of care;
3. obtaining the relevant certificate;
4. preparing a package of documents;
5. submitting an application to the TCC requesting a deferment;
6. in case of refusal, appealing the decision through administrative or judicial procedures.

Let’s address the issue of documents separately. This includes copies of passports, certificates, reports, and the act of care. A lawyer can help in this case:

• properly prepare the package of documents in accordance with Procedure № 560;
• prepare applications and acts;
• if necessary, appeal the refusal of a deferment or expedite the response from the TCC in case of violation of deadlines.

Let’s consider the specifics of legal support in such cases.

Legal assistance in obtaining a deferment from mobilization for care

In addition to verifying that the documents comply with the requirements of Order № 560, the lawyer will also perform the following actions:

• coordinate the preparation of the medical commission report and inspection act;
• prepare the application and cover letter to the TCC;
• represent the client’s interests in case of refusal or delay in response.

Thus, the specialist manages the entire process – from consultation to actually obtaining the deferment. Their task is to ensure legality and proper documentation.

Deferment from mobilization due to caring for one’s wife

A man is entitled to a deferment if his wife has a disability of group I or II, or a medical commission’s conclusion stating the need for constant care. In the case of certain illnesses, an exhaustive list of which is defined by law, a deferment is also possible if the wife has a group III disability.

In such cases, the lawyer’s task is to:

• assistance with proving the fact of cohabitation and provision of care;
• preparation of a package of documents for the TCC and monitoring of the application process.

With professional guidance, it will be much easier for you to do all of this.

Deferment from mobilization due to caring for wife’s parents

Resolution № 560 also provides for this ground, but here the lawyer’s task will be to prove that there are no other relatives obligated to provide care.

The required documents for obtaining a deferment are as follows:

• medical report or disability certificate;
• inspection report from the social protection agency;
• certificate confirming cohabitation or actual provision of care.

The key role of a lawyer in such cases is to prepare explanations for the TCC and help avoid rejections through a formal interpretation of family ties.

Deferment from mobilization to care for a grandparent

Here, as in the previous case, proof of the absence of other persons who should provide care is especially important. The following documents should be provided to the representatives of the TCC:

• act of inspection of living conditions;
• conclusion of the medical commission;
• certificates of family composition.

A specialist will assist in gathering the necessary evidence and communicating with the TCC.

Is it possible to arrange care for someone who is not a relative?

Yes, the law does not prohibit providing continuous care for a person who is not a relative. However, this care must be genuine and documented. As a rule, this refers to caring for a person who has been declared legally incapacitated by a court.

In such cases, it is important to have:

• care agreement (notarized if necessary);
• act of inspection of living conditions;
• medical report from the medical commission (or a certificate of disability of the person requiring care);
• court decision.

The last of these points is particularly important.

If you intend to order the services of a military lawyer who can assist with obtaining a deferment based on providing constant care, please fill out the contact form on our law firm’s website. A specialist will call you back.