Cash compensation for housing for ATO participants and their families: receive in a new way

Take it, God, it’s of no use to me

For the attempt of unscrupulous officials to make money by purchasing housing for disabled people or the families of deceased ATO participants, the latter will no longer be provided with apartments, but funds will be allocated to purchase living space.
For example, this happened to the family of the deceased Hero of Ukraine Zubko in the Khmelnytsky region. We bought an apartment in which it is impossible to live according to the principle “take it, God, it’s not good for me.” At the same time, Prime Minister of Ukraine Vladimir Groysman, in response to Reva’s statement, noted that he knew about the case with the Zubko family and promised that this problem would be resolved.

For its part, the government approved a mechanism for monetary compensation for the purchase of housing for the families of deceased participants in the anti-terrorist operation and disabled people from among the ATO participants. This means the opportunity to independently choose the most suitable housing and buy it using monetary compensation provided by the government.

New law on receiving pensions for migrants

In order for a migrant to receive a pension, the following must be done:

1. Register. You can choose one of the methods, such as: personal contact with a social structure at a new address; contacting the regional headquarters that regulates resettlement issues; registration through authorized persons who visit migrants’ places of residence.
2. Filing an application. The form should be filled out directly in one of the above structures. In addition, the applicant gives written consent to the processing and use of personal information. Passport. Along with the application, you should present a passport or other document proving the identity of the citizen.

Further actions of social protection employees:

• Checking the facility where the migrant lives. Specialists from the relevant authorities are required to visit the site within 15 days after submitting the application. Based on the results of the inspection, inspectors are required to draw up a report, which is signed by the migrant and representatives of the commission from the social protection structure.
• Assignment or refusal of a pension - the period for reviewing documents is 5 days after visiting the place of residence. If the decision is positive, the pension is assigned from the day the application is submitted. The pension is paid through the post office or to a bank card.
• The main reason for refusal is the migrant’s absence at the actual address of residence at the time of verification. In this situation, as in other cases of refusal, the decision of social security employees can be appealed in court.

Restoring pensions for displaced people

Of course, the majority of people who moved from territories occupied by Russian mercenaries managed to obtain well-deserved pensions in different cities and regions of the country. At the same time, there are still a large number of people who, nevertheless, remained in their small homeland and do not have the opportunity to receive funds, because in the occupied cities ATMs at Ukrainian banks are not serviced.

There are also situations when the move from the DPR or LPR took place, however, the resumption of pension payments to the displaced did not happen. Of course, such facts cannot but outrage, and therefore the question “why are pensions being blocked” is heard more and more often. Olga Sharunova, who currently serves as the chairman of the Pension Fund for Lugansk and the region, decided to answer it.

According to the employee, the payment of pensions to migrants from the ATO zone has been temporarily suspended, because numerous checks are still being carried out. Over the past few years, situations have repeatedly occurred when citizens of Ukraine deliberately went to Lugansk or Donetsk, applied for pensions there, but in fact never lived there, and came only once a month to receive financial payments.

Pension restoration occurs as soon as it is possible to confirm the real status of a migrant from the eastern regions.

According to the latest data, in the Lugansk region, about 50% of displaced pensioners have not yet received funds guaranteed by the Ukrainian government. In Donetsk it is almost 45%.

But not all persons who were already pensioners at the time of moving to unoccupied territory. It is clear that, in accordance with the law, some migrants received the required length of service or age while already in war-free territories.

In order for the payment of pensions to settlers to begin, they need to complete several important steps.

1. First, you will have to register and confirm your status as a temporarily displaced citizen. This can be done by contacting the social care authorities. There you need to enter a basic package of personal documents (identification passport, work permit, photo for documents), and also write an application with a request to register immigrants.
2. Apply for a card at Oschadbank.
3. Along with a certificate confirming your status, go to the nearest territorial office of the Pension Fund, present the necessary documents, write an application indicating the account number to which the funds should be transferred.

The Pension Fund of Ukraine does not issue funds immediately after this; payment of pensions to displaced persons is available only after appropriate verification. This takes no more than 15 working days.

For a positive answer, the place of registration of the person and his actual location must be confirmed.

In addition, representatives of the Pension Fund also check the living conditions in which the pensioner lives.

Peculiarities of pension formation for migrants from the ATO zone

The abbreviation ATO means anti-terrorist operation. The essence of the ATO is the implementation of measures to stop terrorism. This term originated on the territory of Ukraine.

To apply for a pension for citizens from the relevant zone, you need to do the following:

1. Contact the social security authority to obtain a certificate to assign a new status. Certificates are issued from March 18, 2015. In addition to the social structure, certificates can be issued by officials who are involved in the placement of migrants; housing and communal services workers at the new address; authorized persons of township or village councils.
2. Provide a copy and original of your passport, pension certificate, identification code (if available). In case of loss of a passport, a migrant may be issued a temporary certificate until the basic document is restored.
3. Fill out an application where you should register a bank account where pension contributions will be accrued in the future. The form must include the following information:
   Full name of the applicant;
4. citizenship;
5. Place of Birth;
6. gender;
7. basic information about the family;
8. residential address;
9. Date of Birth;
10. reasons for moving;
11. information about real estate located in a safe area;
12. information about needs.
13. Officially register at the new address.
14. Register with the PFU (Pension Fund of Ukraine). Pension contributions are assigned from the next month after the above actions are completed.

Last news

Since the beginning of March 2021, migration service employees have been carrying out additional checks of the place of residence of migrants. If the citizen actually lives at the specified address, then a corresponding mark is placed on the back of the certificate. If the migrant does not live at the specified address, then within 10 days he must contact the migration service.

Payments will only be received by those citizens who actually moved to a peaceful settlement. To confirm this information, it is necessary to submit a certificate to the PFU, which will indicate the new real address of the migrant.

Reasons for refusal

Suspension of pension payments to displaced persons in 2021 in Ukraine is possible in two cases.

1. The commission found that the person did not live in the place that he had previously indicated and where the inspection of living conditions took place.
2. Loss of refugee status certificate. This could happen, for example, if a pensioner died, or independently withdrew his request for the appropriate status, or moved abroad.

As soon as hostilities in the eastern regions of the country end, the status of migrant will most likely be canceled for all pensioners.

Before applying to the Pension Fund, you should independently prepare the necessary package of documents.

This should contain:

• foreign or Ukrainian passport, and in case of loss, any other document that can prove identity;
• pensioner's certificate;
• if a person worked, then he must also present a certificate of salary accrued for the previous month;
• code;
• a certificate indicating the resettlement status;
• documents confirming that the person does not receive a pension in the occupied territories (this applies to former residents of Crimea, Lugansk and Donetsk regions);
• a document that indicates that the person is a citizen of Ukraine only, not Russia;
• documents that make it possible to track the length of service of the future pensioner - this could be a work record book or a certificate from the place of work;
• in the case where a person took part in defending the country during the war in the east, he must also provide the necessary documentation that can confirm this fact;
• two photographs for documentation (standard type - 2.5 by 3 cm).

Important! You must bring the originals of the above documents to the Pension Fund, not their photocopies.

As the latest news in pensions for displaced people from the ATO zone 2021 makes clear, in a situation where pension restoration occurs due to loss of documents, the pensioner must also attach written permission to request the pension file. You will also need to write an application requesting to transfer funds to an open account in a state bank.

A problem that migrants often encounter is the inability to confirm their place of registration. This is quite understandable, because many houses in the war zone are simply destroyed, others are inhabited by strangers, and sometimes all documents on ownership are lost.

Main news

As indicated by the news of the Pension Fund of Ukraine for migrants for 2021, no fundamental changes are expected. Retirement conditions for both immigrants and residents of other regions of Ukraine remain the same as in 2018.

The required package of documents in order to start receiving your payments, as well as the registration mechanism itself, remains the same.

Answering the question “at what date are pensions given to displaced people,” it is worth saying that accrual in different areas can be carried out on different days. Traditionally, funds in 2019 from the Pension Fund should be received in the account from the 4th to the 25th. However, most often the funds arrive in the account on the 21st of each month.

There are rumors in some media that a parliamentary initiative group is preparing a bill to completely abolish pensions for displaced people. This, it seems, remains the IMF’s requirement, because many wicked citizens receive double pensions. Meanwhile, there were no official statements, and similar bills were not registered in the Verkhovna Rada. Therefore, there is no need to panic in advance.

The pension is assigned on the basis of the adopted law on compulsory insurance. The new pension reform, which was developed and adopted back in 2021, provides for an increase in the age and length of service required to receive insurance pension payments.

As officials make it clear, both men and women will be able to retire upon reaching the same age – 60 years. However, for women this condition will become mandatory only from 2021. By this time, the retirement age for them will rise gradually.

From 01/01/2019, persons who are currently over 60 years of age have the right to retire, and their insurance period must be at least 26 years.

Who can get help

According to Resolution of the Cabinet of Ministers of Ukraine No. 719, either subventions (monetary assistance) are provided from the state budget to local budgets for the construction (purchase) of housing, or monetary compensation is paid to obtain residential premises.

The following have the right to receive monetary compensation: a) family members of deceased military personnel who took a direct part in the anti-terrorist operation, b) disabled people of groups I-II from among the military personnel who participated in this operation and those in need of improved housing conditions.

Registration of Pensioners from the ATO Zone to Receive a Pension in Ukraine

The completed application must be submitted to an official at the regional headquarters for issues related to the social security of Ukrainian citizens who are moving from temporarily occupied territory and areas of the anti-terrorist operation.

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The holding of “elections” on November 2 on the territory of the “DPR” and “LPR”, not in accordance with the legislation of Ukraine, only worsened the situation for residents of the temporarily occupied areas. The Ukrainian authorities warned the local population about the responsibility and consequences of participating in illegal voting. The world community does not and will not recognize the legitimacy of these “elections”; therefore, this territory will have the status of “unrecognized territory” by all countries in terms of their statehood, with all the negative consequences for its inhabitants economically and socially. Today, all such unrecognized territories have an underdeveloped economy and low incomes. In accordance with the announced results of these “elections” and “taking office,” the leadership of the “DPR” and “LPR” must assume full responsibility for paying pensions and social benefits in these territories. However, the population was once again told that “there are no funds to pay pensions and social benefits.” Before the elections on November 2, 2024. The DPR promised and partially paid social benefits to certain categories of citizens, but after the elections these payments stopped (“Social payments in the DPR”).

What is needed for that

To receive monetary compensation, these categories of persons must be registered as apartments within an administrative-territorial unit (for example, Poltava) served by the social protection authority, where they are registered in the Unified State Automated Register of Persons who are entitled to benefits, the lawyer notes , human rights activist Alexander Litvinenko.

The Resolution provides for categories of persons, in connection with which the provision of housing should occur according to the order of priority, which begins with category I (for family members of the deceased), and in the order of registration of housing - whoever registered earlier receives compensation for the purchase of housing earlier .

First of all, Litvinenko notes, compensation for housing will be received by the families of the deceased ATO participants (wife, children, parents). As for disabled people of groups I and II who are subject to the regulation, payments will be made in the order of registration.

New basis for registering displaced people: what to expect and should you worry?

Although the Supreme Court decision mentioned by the lawyer did not abolish the use of “SBU lists” in principle, it became clear to the government that the time had come to change something. The “SBU lists” had a trail that was too long and too negative, which compromised them too much.

It quickly became clear that the so-called “Arkan” lists are almost no different from the so-called “SBU lists.” Although there was nothing surprising in this. On the contrary, it would be strange if lists compiled on the basis of the same database were radically different.

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What documents are needed

Passport, taxpayer number (except for minors), evidence of belonging to the family of a deceased ATO participant, documents confirming stay in the ATO zone, etc., documents confirming disability.

It is also necessary to be registered in the Unified State Automated Register of persons who are entitled to benefits, Litvinenko emphasizes.

Pensioners in the ATO zone were left without pensions

If you dig deeper, it turns out that they have prepared an almost impossible task for pensioners. At the beginning of October, ministers adopted a resolution on the registration of “displaced persons.” According to it, everyone who has moved is obliged to go first to the State Emergency Service department, and then to the social security fund. However, personal presence is not enough. We also need those local residents who will settle refugees in their homes. Homeowners in “peaceful territory” are required to have the main tenant present with statements and copies of passports of everyone registered in the apartment stating that they do not object to the fact that a displaced person from the ATO zone lives with them. The bureaucracy doesn't end there. Expect that within two weeks an authorized person from the housing office or village council will visit the address to check whether a migrant from the east of the country really lives here. But a personal visit by a specialist will not be enough: you will also need certificates from two neighbors and copies of their passports. As a “bonus” for suffering if the procedure is successful, the state undertakes to pay 884 hryvnia per month along with the pension. Even in this situation, gigantic queues have already formed in the social funds of the cities closest to the ATO zone.

— Those who want to receive pensions and social payments are required to obtain a migrant certificate before December 1. The certificate will indicate their place of residence and the address where funds will be transferred outside the ATO zone, the minister emphasized.

09 Jun 2021 uristlaw 409

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How much time

Regarding the timing, funds are allocated first from the state budget to the local budget. Then the commission meets and makes a decision at the meeting: to whom, in what amount and in order to allocate funds to a special account to persons entitled to it,” explains the lawyer. Regarding the timing of provision of accounts to individuals, a decision is made promptly. The main thing is to receive funds for local budgets from the state budget. In particular, such funds have already been allocated to the Kyiv, Zhytomyr, and Vinnytsia regions.

What are the nuances?

We must remember, notes Alexander Litvinenko, family members of deceased servicemen who took a direct part in the anti-terrorist operation, as well as disabled people of groups I-II from among the servicemen who participated in this operation, must be registered at home (to improve conditions). According to the Procedure, the expert says, minors may not be registered as apartments, that is, Resolution 719 does not apply to young and minor children. When determining the amount of monetary compensation, children under 18 years of age are taken into account, even if they are not registered as being in need of improved housing conditions.

The social protection body makes representations, and the decision on the allocation of compensation is made by the city/district executive committee (state administration). When a positive decision from the commission on the allocation of funds is received, the person opens an account with Sberbank, and the social security authority transfers the funds, the lawyer explains. It is worth remembering that these funds can be spent exclusively on purchasing housing. For this purpose, a notarized purchase and sale agreement or documents on shared participation in construction (investment agreement) are provided.

Economy Pensioners from the ATO zone were threatened with deprivation of pensions

The Slavyansk Pension Fund office also confirmed to us that there were no cases where pensioners were caught in the act when receiving a double pension. “If there is a complete package of documents, we pay pensions to everyone. There is no database for exchanging information with the DPR. Therefore, it is impossible to prove that a person receives money both here and here. We have not had such cases. I think this is yet another horror story from the authorities,” a PF employee from Slavyansk told Vesti.

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“As of the end of May of this year, 575.3 thousand pensioners have already transferred pension payments from uncontrolled to territory controlled by the Ukrainian authorities and are receiving payments on time. However, another 169.0 thousand pensioners did not make such a decision,” says the Regional State Administration. According to the department, there are no arrears in payments.

Help for displaced people

The applicant independently searches for housing in any region of Ukraine. If the contract for the purchase of housing is drawn up in accordance with the terms of the law, the responsibility of the developer for failure to meet deadlines is determined, the human rights activist notes, then the social policy body agrees to the transfer of funds from the applicant’s special account to the account of the seller/developer. Compensation funds can also be used to pay taxes and fees when purchasing housing, or to raise additional funds from the local budget or from other sources, such as personal funds.

It is worth noting that the scope of the Resolution did not include disabled participants in the ATO and the families of fallen military personnel from among internally displaced persons, since today the legislation does not regulate the issue of their stay on the housing register, adds Litvinenko.

As it was before

Before Resolution 719, local authorities received subventions from the state at the expense of the budget and independently decided which apartment to buy for the specified categories, in which area and of what area, notes Litvinenko. Now a person can independently solve the housing problem and choose a residential premises of any size, in any city or region.

That is, individuals can independently manage their housing funds and improve living conditions depending on the number of family members, age and gender. Today, Litvinenko argues, we can see how benefits have a specific monetary form. Cash compensation can be used in both the primary and secondary housing markets.