PENSION FOR LOSS OF CAREGIVER-MILITARY SERVANT

According to Article 1 of the Law of Ukraine “On Pensions for War Veterans and Certain Other Persons” (hereinafter referred to as the Law), family members of military personnel who died, died or went missing are entitled to a survivor’s pension. Pensions are assigned regardless of length of service (according to part 5 of article 2 of the Law).

In the event of the loss of a breadwinner, family members of disabled persons who are in the care of dead, deceased or missing military personnel may be granted a pension (part 1 of article 30 of the Law).

Dependents are family members if they:

• Were in the maintenance of a military man;
• They received help from a serviceman, which was their main source of continuous existence.

Regardless of the length of stay of a dependent, the pension is paid:

• disabled children;
• disabled parents and spouses (spouse), if they have lost their source of livelihood as a result of the death of the breadwinner;
• parents and wife (spouse) of disabled servicemen who died or died or went missing during or after service as a result of injury, concussion, injury or illness during service (part 2 of article 30 of the Law).

A survivor’s pension is paid to every disabled family member who is entitled to a survivor’s pension (Article 41 of the Law).

In addition, the children of fallen soldiers who are full-time students in general education, vocational schools and universities are entitled to a pension until the end of their studies up to the age of 23.

At the same time, orphans are entitled to a pension until they reach the age of 23, regardless of whether they study or not (Part 6, Article 30 of the Law).

It is also important that the pension assigned at the death of one of the spouses is preserved even in the event of a pensioner’s remarriage (Article 35 of the Law).

Pensions are paid in the following amounts:

• 70% of the breadwinner’s financial support – is provided to dependents of military personnel who died (died) from injuries, contusions or dismemberments during the defense of the Motherland or performing other duties of military service, at the front), other disabled family members, who is the breadwinner), if a family member is entitled to a pension,
• 50% of financial support, the breadwinner has the right to a pension if there are two or more disabled members in the family (except parents, spouse (husband)).

Regardless of the cause of death of the breadwinner, pensions are calculated in the same amount to family members of war invalids and family members that include children who have lost both parents.

• 30% of the breadwinner’s income – is paid to dependents of servicemen who have become disabled as a result of an accident not related to the performance of military service duties, or an illness related to service. (Article 36 of the Law).

But this pension cannot be less than double the subsistence minimum (now 4,054 hryvnias) for persons who have lost their ability to work (Article 37 of the law).

In addition, according to Article 15 of the Law on the Status of Veterans of Ukraine, guarantees of social protection for family members of dead (dead) veterans and family members of dead (deceased) defenders of Ukraine”, pensions were increased by 25% of the subsistence minimum (as of 507 UAH), lost working capacity.

When is the pension distributed?

• For the entire period during which a family member is considered disabled, and for family members who have reached retirement age – for life (Article 40 of the Code).
• Family members who have reached retirement age for life (Article 40(1) of the Law).

Is it possible to change the amount of the pension?

The recalculation or termination of payment of pensions due to changes in family composition begins on the first day of the month following the next month (part 2 of article 40 of the Law).
This pension is paid from the date of death of the breadwinner (Article 50 of the Law).

The procedure for applying for a pension in case of loss of a breadwinner

According to the decision of the Board of the Pension Fund of Ukraine dated January 30, 2007 № 3-1, family members of the deceased breadwinner who did not receive a pension at the time of death must apply to the body assigning a pension through the authorized bodies of various ministries. If the deceased breadwinner already received a pension, submit an application to the Pension Fund of Ukraine, which distributes pensions. An application for granting a pension to minors or disabled members of the breadwinner’s family is submitted by a legal representative at the place of residence.

The following documents must be added to the application form:

• a copy of the death certificate of the breadwinner;
• extracts from the order to remove the breadwinner from the register of persons in connection with death;
• conclusion about the circumstances of death or death as a result of injury, concussion, disability during service;
• a certificate from the relevant department at the place of residence on the stay of a family member on the alimony of the deceased (deceased) breadwinner or a court decision on the recovery of alimony for the stay;
• certificate of availability of funds or certificate of the amount of cash assistance and other types of financial assistance received by the breadwinner during the last 24 months;
• certificate of medical and social expertise on the recognition of the breadwinner as disabled;
• a copy of the taxpayer’s registration card or a document on the assignment of a registration number and a passport number;
• certificate of OJSC “Oshchadbank” or other documents confirming the opening of an account, the name and number of the branch of OJSC “Oshchadbank”;
• copy of the passport.

An additional list of documents has been created for each category of family members.

For the children of the deceased breadwinner, the following documents must also be added:

• a copy of the birth certificate;
• a certificate from the educational institution indicating the date of study;
• complete their studies and continue to receive full support from the state;
• certificate of the medical advisory commission on the recognition of the child as disabled or a certificate of the medical and social expert commission on the recognition of the child as
• disabled;
• adoption decisions.

For the parents of the deceased breadwinner, the following documents must also be added:

• MSEC certificate (if there is a disability group);
• a copy of the birth certificate of the deceased breadwinner or a court decision on the establishment of family relations.

The date of application for the appointment of a pension is the date of submission of a written application for the appointment of a pension together with all the necessary documents, as well as the day the application was sent and documents by mail – on the day of sending.