What should an IDP pensioner do if the arrears of the Ukrainian pension have not been paid?

“Legal Advisor for IDPs” named an algorithm of actions in case of non-payment of pension arrears to an IDP pensioner.

According to lawyers, such grounds for non-payment of pensions as “Resolution of the Cabinet of Ministers No. 335” or “violation of the period of stay in the occupied territory”, which the pension authority noted in this case, as well as “cancellation of a certificate of registration of IDPs” or “pass the deadlines for passing physical identification at Oschadbank are actually illegal.

So, in accordance with Art. 49 of the Law of Ukraine “On Compulsory State Pension Insurance”, pension payment by decision of the territorial bodies of the Pension Fund or by a court decision can be suspended only in the following cases:

if the pension was assigned on the basis of documents containing false information;
in the event of the death of a pensioner;
in case of non-receipt of the assigned pension for 6 months in a row;
in other cases provided for by law (if the pension is assigned on the basis of other laws).

At the same time, according to Art. 46 of the same Law, when a pensioner applies for a pension that was not paid due to the fault of the pension authority, the accrued amounts are paid for the past without any limitation to any period with the calculation of compensation for the loss of part of the income. If it was the fault of the pensioner himself, he did not receive the funds, then the pensioner still has the right to receive a pension three years before the date of application for its receipt. True, in this case, the amount for no more than 12 months is paid at the same time, and the rest - in equal monthly installments in the amount of a monthly pension.

What to do in case of non-payment of pension?

Submit a written complaint to the PFU. In the application, you must indicate your last name, first name, patronymic, identification code and contact information. Also, do not forget to indicate the essence of your appeal and describe the violations on the part of the specific pension authority. If the debt arose when assigning a pension or in connection with the transfer of a pension file, or if you were mistakenly included in the lists of persons who were in the occupied territory for more than 60 days, be sure to indicate this in the complaint.

In some cases, filing such a complaint may be sufficient to obtain payment of pension arrears. However, if the appeal did not produce the expected results, it is worth using the second option - to appeal the inaction of the pension authority in court

In this case, first you need to take care of the evidence that will be added to the statement of claim. In particular, the following will be useful:

a written response from the pension authority about the reasons for termination of the pension and non-payment of debt (provided upon the request of the pensioner);
a certificate of the amount of accrued and actually paid pension amounts (provided upon request of the pensioner);
Statement from a bank pension account.

It is emphasized that the statement of claim should request and establish judicial control over the execution of the court decision in accordance with Article 382 of the CAS of Ukraine.

If such control is established, the court has the right to impose a fine on the head of the pension authority in case of non-payment of pension arrears based on a court decision.

Pensions of displaced pensioners: blockages, debt. Clarification from lawyers

Payments to pensioners from among internally displaced persons will be stopped from time to time from 2021. The issue of debt repayment remains relevant today.

As the Tribune reports with reference to the “Legal Advisor for IDPs,” a situation where a pension is blocked for violating the “56-day rule” often happens. The Pension Fund claims that Cabinet Resolution No. 335 of April 25, 2018 is to blame and we must wait for its repeal. According to human rights activists, such actions by the PFU authorities are illegal.

Lawyers explain that based on Article 49 of the Law of Ukraine “On Compulsory State Pension Insurance”, payment of pensions by decision of the territorial bodies of the Pension Fund or by a court decision can be suspended in the following cases:

if the pension was assigned on the basis of documents containing false information;
in the event of the death of a pensioner;
in case of non-receipt of the assigned pension for 6 months in a row;
in other cases provided for by law (if the pension is assigned on the basis of other laws).

At the same time, according to Art. 46 of the same Law, when a pensioner applies for a pension that was not paid due to the fault of the pension authority, the accrued amounts are paid for the past without any limitation to any period with the calculation of compensation for the loss of part of the income. If it was the fault of the pensioner himself that he did not receive the funds, then he still has the right to receive a pension three years before the day he applied for it. True, in this case, the amount for no more than 12 months is paid at the same time, and the rest - in equal monthly installments in the amount of a monthly pension.

What to do if your rights are violated?

1. File a written complaint to the Pension Fund of Ukraine (01601, Kiev, Bastionnaya St., 9). In the application, be sure to indicate your last name, first name, patronymic, RNOCPP (identification code) and contact information. Also, do not forget to indicate the essence of your appeal and describe the violations on the part of a specific pension authority (unfounded non-payment of pensions for the period “from” to, etc.). If the debt arose when assigning a pension or in connection with the transfer of a pension file, or if you were mistakenly included in the lists of persons who were in the occupied territory for more than 60 days, be sure to indicate this in the complaint.

Human rights activists note that in some cases, filing such a complaint is enough to pay off pension arrears. However, if the appeal did not produce the expected results, you should use the second option.

2. Appeal the inaction of the pension authority in court. In this case, first you need to take care of the evidence that will be added to the statement of claim. In particular, the following will be useful:

a written response from the pension authority about the reasons for termination of the pension and non-payment of debt (provided upon the request of the pensioner);
a certificate of the amount of accrued and actually paid pension amounts (provided upon request of the pensioner);
Statement from a bank pension account.

The statute of limitations does not apply to appeals to the court regarding the payment of pensions, however, it is still worth recalling this in the claim, using references to the decision of the Supreme Court of April 24, 2018 in case No. 646/6250/17.

“We also draw attention to the fact that the statement of claim should request and establish judicial control over the execution of the court decision in accordance with Article 382 of the CAS of Ukraine. If such control is established, the court has the right to impose a fine on the head of the pension authority in the event of non-payment of your pension arrears based on a court decision,” the lawyers add.

In addition, the implementation of a court decision in the future can also be helped by: contacting the executive service with an application to open enforcement proceedings; filing a statement with the police about committing a criminal offense under Art. Art. 175, 382 of the Criminal Code of Ukraine; filing an application with the court, which considered the claim in accordance with Art. 383 CAS of Ukraine.

Survival School - February 22, 2021 16165

Tags: Pension payments, Donbass pensioners, IDP pensioners
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How to receive pension payments not previously paid due to violation of identification deadlines. Instructions

IDPs and residents of the Donetsk and Lugansk regions temporarily uncontrolled by the Ukrainian government can count on payment of even previously unpaid pensions. This is reported by experts from the Legal Adviser for IDPs.

According to them, IDPs have the right to compensation, but they can receive it in court by proving that the pension was not paid due to the fault of the pension authority. Problems with payment are primarily complained about by persons who have not received pensions due to violation of the deadlines for completing physical identification.

In Ukraine, the Law “On Amendments to the Law of Ukraine “On Compensation to Citizens for Loss of Part of Income Due to Violation of the Terms of Payment” has come into force”, and according to it, compensation to citizens for loss of part of income due to violation of terms of their payment is now made in case of delay for one or more calendar months of payment of accrued income.

This applies to both pensions and:

monthly lifetime allowance (taking into account bonuses, increases, additional pensions, targeted cash assistance, pensions for special services to Ukraine and other pension supplements established by law);
social benefits;
scholarships;
wages (cash security);
amounts of indexation of citizens' cash incomes;
amounts of compensation for harm caused to an individual by injury or other damage to health;
amounts paid to persons entitled to compensation for damage in the event of the loss of a breadwinner.

Moreover, as lawyers explain, according to the law, payment of compensation must be made in the same month in which the debt for the corresponding month is paid without any additional requests from citizens. However, if your pension is delayed, you should not expect automatic compensation.

There are facts when a pension was not paid for the following reasons:

the pensioner did not pass identification at JSC Oschadbank,
the displaced person was absent from the IDP’s place of residence during the inspection,
the IDP registration certificate was cancelled.

In such situations, pension authorities refuse to voluntarily pay debts, citing the fact that there is no separate procedure for paying pension debts. They apply Art. 5 of the Law of Ukraine “On compensation to citizens for the loss of part of their income due to violation of the terms of their payment,” which stipulates that income not received on time due to the fault of a citizen is not subject to compensation.

How to get compensation? Instructions.

Prove in court that the pension was not paid due to the fault of the pension authority.
File a statement of claim asking the court to oblige the defendant to pay, along with the debt, compensation for the loss of part of the income.
If the issues regarding the payment of a pension have already been considered by the court in favor of the pensioner, and he has a court decision on the payment of pension arrears that has entered into legal force, in order to receive compensation it is necessary to submit a written application to the pension authority.
In case of refusal to pay the funds and then appeal the actions of the pension authority in court.

School of Survival - March 26, 2021 20214
Tags: Pension payments, Compensation, Oschadbank, Donbass pensioners, IDP pensioners, Pension Fund of Ukraine
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What to do if your pension is blocked or your debt is not paid

“Legal Advisor for IDPs” spoke about the algorithm of actions in case of non-payment of pension arrears.

"Good afternoon! I am an old age pensioner. In 2021, the Pension Fund blocked two pensions for me for violating the “56-day rule”. Verbally, the pension authority said that this was due to Cabinet Resolution No. 335 and we had to wait until it was cancelled. There is a letter from them with a similar unsubscribe. What do you advise me?” asks the pensioner.

if the pension was assigned on the basis of documents containing false information;
in the event of the death of a pensioner;
in case of non-receipt of the assigned pension for 6 months in a row;
in other cases provided for by law (if the pension is assigned on the basis of other laws).

What to do in case of non-payment of pension?

Submit a written complaint to the PFU (01601, Kiev, Bastionnaya St., 9). In the application, be sure to indicate your last name, first name, patronymic, RNOCPP (identification code) and contact information. Also, do not forget to indicate the essence of your appeal and describe the violations on the part of a specific pension authority (unfounded non-payment of pensions for the period “from” to, etc.). If the debt arose when assigning a pension or in connection with the transfer of a pension file, or if you were mistakenly included in the lists of persons who were in the occupied territory for more than 60 days, be sure to indicate this in the complaint.

In this case, first you need to take care of the evidence that will be added to the statement of claim. In particular, the following will be useful:

a written response from the pension authority about the reasons for termination of the pension and non-payment of debt (provided upon the request of the pensioner);
a certificate of the amount of accrued and actually paid pension amounts (provided upon request of the pensioner);
Statement from a bank pension account.

It is emphasized that the statement of claim should request and establish judicial control over the execution of the court decision in accordance with Article 382 of the CAS of Ukraine.

If such control is established, the court has the right to impose a fine on the head of the pension authority in case of non-payment of pension arrears based on a court decision.

In addition, the following may also help to comply with the court decision in the future:

contacting the executive service with an application to open enforcement proceedings;
filing a statement with the police about committing a criminal offense under Art. Art. 175, 382 of the Criminal Code of Ukraine;
filing an application with the court, which considered the claim in accordance with Art. 383 CAS of Ukraine.

School of Survival - February 13, 2021 11960
Tags: Payment of pensions, Debt, Oschadbank, Pension Fund of Ukraine
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