LAWYER'S ADVICE: How a displaced person can avoid losing social benefits

An internally displaced person (migrant) is a citizen of Ukraine, a foreigner or a stateless person who left his place of residence as a result of or to avoid the negative consequences of an armed conflict, temporary occupation, widespread violence and human rights violations. A person acquires the legal status of an internally displaced person by registering with the structural unit for social protection of the population of district, district in the city of Kiev state administrations, executive bodies of city, district councils at the place of actual residence in Ukraine, for which a certificate of registration is issued registration of an internally displaced person (popularly known as a “displaced person’s certificate”).

Amount of targeted assistance

Assistance is assigned to a family and paid to one of its members in the following amounts:
- for persons with group I disabilities and disabled children - 130% of the subsistence level for disabled persons; — for persons with group II disabilities – 115% of the subsistence minimum for disabled persons; — for persons with disabilities of group III – the subsistence minimum for disabled persons; — for able-bodied persons – 442 hryvnia per person.

On January 17, 2021, the Cabinet of Ministers of Ukraine approved an increase in the amount of targeted assistance for disabled persons (pensioners and children), which will now amount to 1,000 hryvnia per month.

Also, for all families of internally displaced persons without exception, the maximum amount of the total amount of cash assistance is increased - 3,000 hryvnia per month, and 5,000 hryvnia for large families.

Conditions for paying targeted assistance

In order to register and further receive targeted assistance by internally displaced persons, the following conditions must be met:
- Registration as an internally displaced person in the structural units for social protection and the validity of the migrant’s certificate during the entire period of receiving assistance. — Safe passage of checks established for internally displaced persons. — Family members do not have ownership rights to residential premises or part of residential premises located on the controlled territory of Ukraine, except for residential premises unsuitable for habitation, which is confirmed by the relevant technical condition certificate.

Moreover, in accordance with the Family Code of Ukraine, a family consists of persons who live together and are connected by a common life.

Spouses are considered a family even when the wife and husband do not live together due to study, work, treatment, the need to care for parents, children and other valid reasons. A child (a person under 18 years of age) belongs to the family of his parents even when he does not live with them.

Family members do not have a deposit in an amount exceeding 25 times the subsistence minimum established for able-bodied persons (currently UAH 44,050).

For persons of working age - being in an employment relationship with an employer in the controlled territory of Ukraine (except for citizens caring for children up to the age of three; citizens caring for children in need of care for the period of time specified in the medical report of the medical advisory commission , but not more than until they reach the age of six; citizens who have three or more children under the age of 16 and care for them; citizens who care for persons with group I disabilities, or children with disabilities under the age of 18, or for persons with disabilities of group I or II due to a mental disorder, or persons who have reached the age of 80, as well as individuals providing social services, full-time students).

For persons who have not found a job or are in labor relations with employers in an uncontrolled territory, within two months from the date of assignment of payment of monetary assistance, its amount for the next two months is reduced by 50%, and for the next period is terminated.

In what cases can you lose targeted assistance?

Payment of cash assistance is terminated from the next month in the event of:
- it is established that able-bodied family members have not found employment within two months or are in an employment relationship with employers in an uncontrolled territory; — identification by the authorized body of the fact of provision of false information or failure to report changes in circumstances affecting the assignment of benefits; — Cancellation of the certificate of registration of an internally displaced person on the grounds established by law; — Failure to pass the checks of migrants established by law.

Benefits for refugees and internally displaced persons in 2021

Those relocating can be accommodated in a city or rural area. The amount of financial assistance allocated depends on the place of settlement. If migrants live in the city, then the amount of state assistance is equal to the minimum wage.

These are recognized as Russians who left their previous place of residence due to violence committed against them or their family members or persecution in other forms or because of a real danger of being persecuted on the following grounds:

Conditions for assigning and paying a pension

Internally displaced persons are assigned, restored and paid a pension only if pensioners comply with the following conditions:
- Registration as an internally displaced person and availability of a valid certificate of registration during the entire period of payment of the pension. — Safe passage of checks established for internally displaced persons. — Timely passage of physical identification at PJSC Oschadbank.

To identify pension recipients who are internally displaced persons and ensure payment of pensions to such persons, payment cards are issued, which are also pension certificates. The validity of payment cards is established for a period of up to three years, subject to the client’s physical identification at the institutions of PJSC Oschadbank of Ukraine: the first two times every six months, then every 12 months. To receive a payment card, which is also a pension certificate, a pensioner must submit a corresponding application to the management of the pension fund where he is registered.

Pensioners who have not yet received a payment card, which is also a pension certificate, are required to undergo physical identification every three months from the date of account opening or from the date of previous identification.

In case of failure to pass physical identification within the established time frame, PJSC Oschadbank of Ukraine stops operations on the current account (blocks the electronic pension certificate) and no later than the next working day informs the Pension Fund of Ukraine and the Ministry of Finance about such a decision.

Latest news about pensions for displaced people in 2021 in Ukraine

  • passport (any other identity document);
  • pensioner's ID;
  • code;
  • a certificate confirming the status of a migrant (issued by the social protection authorities);
  • two photos measuring 2.5 by 3;
  • a document confirming your work experience (this could be a work book, a certificate from your last place of work);
  • salary certificate from the last place of work;
  • if the pensioner is a participant in hostilities, he must show the relevant document;
  • a certificate confirming that the person does not receive benefits on the territory of Crimea and does not have a passport of the LPR, DPR;
  • a document stating that the migrant is not a citizen of Russia.

Stopping pension payments to displaced persons is possible if it turns out that the displaced person does not live at the registration address where the financial and living conditions of the family were previously checked. The second reason for the cancellation of pension payments is the cancellation of the migrant status, the revocation of the certificate of registration as a temporarily displaced person.

In what cases can you lose your pension?

The Pension Fund of Ukraine, on the basis of a decision of the Commission on the assignment (restoration) of social payments to internally displaced persons, may terminate the payment of pensions on the following grounds:
- the absence of an internally displaced person at the actual place of residence based on the results of an inspection of the actual place of residence by the Department of Labor and Social Protection of the Population (hereinafter - Social Security) ); — recommendations of the Ministry of Finance regarding the provision of inaccurate data identified during the verification of social payments; — cancellation of the certificate of an internally displaced person; — failure to complete physical identification at PJSC Oschadbank on time.

About assistance to internally displaced persons in Ukraine

From 2014 to 2021, resettlement in Ukraine (in Kharkov the influx was especially large) was carried out from several regions: mainly from the Donetsk and Lugansk regions (from the so-called ATO zone - the anti-terrorist operation zone), a small number of migrants were observed from Crimea, but they were also often are called migrants.

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Not the least role in providing assistance is played by Oschadbank, which opened additional branches in Kyiv and Kharkov in 2021. The bulk of financial assistance to displaced people is transferred through Oschadbank accounts. They began to issue cards faster based on the bank’s internal orders, and all questions that arise are answered by a special helpline.

Types of checks of migrants

The legislation establishes various types of checks of migrants, as a result of which the payment of targeted assistance and pensions may be terminated.
Social Security checks the actual place of residence at the address indicated by the migrant upon receipt of the certificate.

Verification by the Ministry of Finance of Ukraine (checking the accuracy of the data provided by the migrant for calculating social benefits).

Check regarding stay in uncontrolled territory for more than 60 days.

Check of the Security Service of Ukraine (so-called SBU Lists).

Physical identification at PJSC Oschadbank (for pension recipients).

Frequency of Social Security inspections

Social Security carries out regular and extraordinary inspections of displaced persons.
The next inspection is carried out once every 6 months.

Moreover, if by the time of the next check the resettler has passed the physical identification procedure at Oschadbank, then the next check will not be carried out in the corresponding period.

Additional verification may be carried out in the following cases:

1) receipt of information about a possible change by an internally displaced person of their actual place of residence (in accordance with the law, displaced persons are required to notify Social Security of the change of residence address within ten days);

2) receipt of information about the return of an internally displaced person to the temporarily uncontrolled territory of Ukraine (if the person is in the uncontrolled territory for more than 60 days, the State Border Service of Ukraine transmits data about this to Social Security) or his departure abroad;

3) receipt of information from PJSC Oschadbank of Ukraine about the failure of an internally displaced person to undergo physical identification within the prescribed period;

4) receiving recommendations from the Ministry of Finance based on the results of verification of social payments, indicating specific reasons for termination of the corresponding payments.

Based on the results of the inspection, if the displaced person was absent from his actual place of residence and did not appear at the Social Security Service within six working days after the inspection, the Social Security Service, if there are grounds, makes a decision to cancel the certificate of registration of an internally displaced person and submits it for consideration by the Commission on issues of assignment (restoration) of social payments to internally displaced persons, a proposal to terminate social payments to such a person.

Grounds for canceling a migrant’s certificate

The decision to cancel the certificate is made by the head of the structural unit for social protection of the population on the following grounds:
1) the internally displaced person independently submitted an application to refuse the certificate;

2) the internally displaced person has committed a crime aimed at violently changing or overthrowing the constitutional order or seizing state power; encroachment on the territorial integrity and inviolability of Ukraine; terrorist attack; involvement in the commission of a terrorist act; public calls to commit a terrorist act; creation of a terrorist group or terrorist organization; assistance in committing a terrorist act; financing of terrorism; committing genocide, a crime against humanity or a war crime;

3) the internally displaced person has returned to the abandoned place of permanent residence (it is considered that the person has returned to the abandoned place of residence if the person is absent from the place of residence for more than 60 days).

What benefits are available to forced migrants?

In connection with the arrival in Russia of numerous migrants from the ATO zone in Ukraine, the question of what benefits refugees are entitled to has become relevant. To provide effective assistance to this category of persons, amendments were made to the legislation of the Russian Federation. They are entitled not only to certain payments, but also assistance with moving and settling into a new place of residence.

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The Russian government is ready to offer a one-time benefit if migrants want to settle in one of the proposed regions for permanent residence. The list includes problematic federal subjects that require active settlement. But in this case, refugees can count on good government support.

IDPs are obliged

Notify the structural unit for social protection of the population of district, district in the city of Kiev state administrations, executive bodies of city, district councils at the new place of residence about a change of residence within 10 days from the date of arrival at the new place of residence.
Notify the structural unit for social protection of the population of the district, district in the city of Kiev state administrations, executive bodies of the city, district in the cities about the return to the abandoned place of residence no later than three days before the day of departure.

If an internally displaced person has justified reasons for extending the period of his absence from his place of residence for more than 60 days, such a person may submit a corresponding written application to the structural unit for social protection of the population. In this case, the period of absence of an internally displaced person from their place of residence may be increased to 90 days.

Provide reliable information to obtain a certificate of registration and when processing social benefits.

For pensioners - timely undergo physical identification at Oschadbank (for holders of electronic pension certificates, the first two times every six months, then every 12 months; for holders of regular bank payment cards - every three months from the date of account opening).

The procedure for obtaining the status of a migrant from the ATO zone

All payments to pensioners in the ATO zone have been suspended since December 1, 2014. And the fate of the pensioners remained unknown. To say that the pensions earned by the residents of these regions will one day be returned to them only if Donetsk returns under the control of Ukraine. As an act of goodwill, and also as a guarantee that residents will not be left in the lurch, pensioners have the right to receive payments in those territories subject to Kyiv. To do this, you will need to perform certain steps to obtain the status of a migrant from the ATO zone:

  • Submit an application to the social protection department aimed at issuing a certificate confirming the assignment of ATO resettlement status. When filling out the application, you will need to indicate the bank account number to which the pension will be transferred.
  • In addition to the application to social security, you will need to provide certain documents. These include a copy of the applicant’s passport, a copy of the pension certificate, as well as an identification code.
  • The future migrant will need to register at the new place of residence.
  • You will need to contact the Pension Fund and register.

Important! Once the ATO resettler receives a certificate officially confirming the appropriate status, on its basis it will be possible to receive the required funds. Such a certificate is valid only upon presentation of a passport, which confirms the identity of the migrant.

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