The resettled man will be able to issue status and payments for a brother with a disability

Publication date: April 29, 2023

Trokhym Petrovych* from Lysychansk, Luhansk oblast, is a guardian of his younger brother, who has been disabled since childhood. However, Trokhym is his brother’s guardian just in fact, but not legally…

The man told the lawyers from the Kolomyia NGO “Triangle”, to whom he turned for help, not only about how he and his brother were forced to flee the war to the Ivano-Frankivsk oblast, but also about the fact that after the death of his father, his brother receives a survivor’s pension, and that’s all.

Now the resettled brothers have the status of IDPs, they have been registered in Kolomyia. The older one has to do everything for the younger one because of his difficult mental condition. At the same time, to complete the documents, the brothers had to go everywhere together, because custody was not officially established.

Trokhym Petrovych, having learned about the possibility of submitting an application for registration of custody, turned to the local Center for the provision of administrative services, but was refused there.

After listening to this difficult story, the lawyer Inna Kolesnyk consulted the man and suggested that his brother could receive not only official status but also additional cash social assistance.

• Persons with disabilities since childhood have the right to receive a survivor’s pension and state social assistance at the same time. This is regulated by the Law of Ukraine “On Mandatory State Pension Insurance” and the Law of Ukraine “On State Social Assistance to Persons with Disabilities from Childhood and Children with Disabilities”, explains the lawyer.

Inna Kolesnyk filed a complaint against the actions of the social department, with which Trokhym appealed to the Department of Social Policy, and also helped to collect an additional package of documents and write a substantiated appeal for assigning all the necessary benefits to the brothers.

Legal reference

State social assistance is assigned in the following amounts:

• persons with disabilities since childhood of the 1st group — 100% of the subsistence minimum for persons who have lost their ability to work (from December 1, 2022 — UAH 2,093.00);
• persons with disabilities since childhood of the II group — 80% of the subsistence minimum for persons who have lost their ability to work (from December 1, 2022 — UAH 1,674.40);
• persons with disabilities since childhood of the III group — 60% of the subsistence minimum for persons who have lost their ability to work (from December 1, 2022 — UAH 1,255.80);
• children with disabilities under the age of 18 — 70% of the subsistence minimum for persons who have lost their ability to work (from December 1, 2022 — UAH 1,465.10)

Sizes of the allowance for care:

• for a person with a disability of group I of subgroup A — 200% of the subsistence minimum for persons who have lost their ability to work (from December 1, 2022 — UAH 4,186.00).

A monthly supplement is also made in the amount that is not enough for the amount of state social assistance with care allowance, which is paid to children with disabilities of subgroup A aged 6 to 18 years (from December 1, 2022 — UAH 852.10); for a person with a disability of group I of subgroup B — 100% of the subsistence minimum for persons who have lost their ability to work (from December 1, 2022 — UAH 2,093.00); a single person with disabilities of the II and III groups, who, according to the opinion of the Medical and Social Expert Commission, need constant external care — 75% of the subsistence minimum for people who have lost their ability to work (from December 1, 2022 — UAH 1,569.75).

*Name has been changed for ethical reasons.

The material was created within the framework of the “Regional Coordinators” Initiative. The initiative is launched with the support of the international charity platform GlobalGiving and the Legal Empowerment Fund (Fund for Global Human Rights program) and the Legal Development Network. The content of the publication is solely the responsibility of the Legal Development Network and does not necessarily reflect the views of the previously mentioned organizations.

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