Publication date: 15.07.2024
Social protection and pensions for foreigners in Ukraine
Introduction
Social protection is an important element of ensuring human rights and freedoms, regardless of citizenship. In Ukraine, social protection includes various types of social payments, benefits and services aimed at ensuring a decent standard of living. Foreigners residing or working in Ukraine are entitled to certain types of social protection and pensions in accordance with Ukrainian law and international treaties. In this article, we will look at the main aspects of social protection and pensions for foreigners in Ukraine, including the legal framework, types of social benefits and pensions, eligibility requirements, court practice and case studies.
Legal framework
The legal framework governing social security and pensions for foreigners in Ukraine includes the Constitution of Ukraine, the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons", the Law of Ukraine "On Compulsory State Pension Insurance", the Law of Ukraine "On Compulsory State Social Insurance", as well as international treaties ratified by Ukraine. In accordance with these acts, foreigners legally residing in Ukraine are entitled to social protection and pension benefits on an equal basis with Ukrainian citizens.
Social protection of foreigners
Social protection for foreigners in Ukraine includes various types of social benefits and allowances that may be provided under certain conditions. The main types of social protection for foreigners include:
Unemployment benefits: Foreigners who were legally employed in Ukraine and lost their jobs are entitled to unemployment benefits. To do so, they must be registered with the employment service and meet other legal requirements.
Temporary disability benefits: Foreigners who are insured persons are entitled to receive temporary disability benefits in case of illness, injury or pregnancy. The amount of the benefit depends on the length of employment and average salary.
Childbirth allowance: Foreigners permanently residing in Ukraine are entitled to a one-off childbirth allowance. The amount of the benefit is set by law and is paid regardless of the family's income.
Childcare allowance for children under the age of three: Foreigners permanently residing in Ukraine are entitled to receive childcare allowance for children under three years of age. The allowance is provided to one of the parents or another person who takes care of the child.
Social assistance to low-income families: Foreigners permanently residing in Ukraine with low incomes may apply for social assistance for low-income families. The amount of assistance is determined depending on the family's income and the established subsistence level.
Housing subsidy: Foreigners permanently residing in Ukraine who own or rent housing may receive a housing subsidy to help pay for utilities. The amount of the subsidy is determined depending on the family income and the cost of utilities.
Pensions for foreigners
Pension provision for foreigners in Ukraine is regulated by the Law of Ukraine "On Compulsory State Pension Insurance" and other regulations. Foreigners who work in Ukraine and pay contributions to the Pension Fund are entitled to receive pension benefits. The main types of pension benefits for foreigners include:
Old-age labour pension: Foreigners who have reached the retirement age and have the required insurance period are entitled to receive an old-age pension. The retirement age and the requirements for the insurance period are determined by the legislation of Ukraine.
Disability pension: Foreigners who become disabled as a result of a general illness, industrial accident or occupational disease are entitled to a disability pension. The amount of the pension depends on the degree of disability and the length of insurance period.
Survivor'spension: Foreigners who have lost a breadwinner (a family member who was the main source of income) are entitled to a survivor's pension. The pension is granted to disabled family members who were dependent on the breadwinner.
Social pension: Foreigners who do not have the required insurance period for receiving an employment pension may apply for a social pension. The amount of the social pension is determined by law and depends on age and other conditions.
Conditions for receiving social protection and pensions
In order to receive social security and pensions, foreigners must meet certain conditions established by Ukrainian legislation. The main conditions include:
Legal residence on the territory of Ukraine: Foreigners must have a residence permit or other document confirming their legal stay in Ukraine.
Payment of insurance contributions: To receive pension benefits, foreigners must be insured persons and pay insurance contributions to the Pension Fund of Ukraine.
Insurance record: In order to receive an occupational pension, foreigners must have the required insurance record, which is determined by Ukrainian legislation. The insurance period is taken into account on the basis of data on paid insurance contributions.
Documents confirming the right to payments: Foreigners must provide relevant documents confirming their right to receive social benefits or pensions (e.g. medical reports, birth certificates of children, documents on insurance period, etc.)
International social security treaties
Ukraine has concluded international social security treaties with many countries that regulate the provision of social security and pensions to foreigners. The main provisions of such treaties include:
Mutual recognition of pensionable service: The treaties provide for the mutual recognition of pensionable service acquired in the countries that are parties to the treaties. This means that the pensionable service acquired in one country is taken into account when determining pensions in the other country.
Recalculation of pensions: The treaties define the procedure for recalculating pensions in the event of a change of residence. This ensures that pensioners can receive pension payments regardless of their place of residence.
Cooperation between social funds: The treaties provide for cooperation between the social funds of the participating countries in the exchange of information, mutual assistance and ensuring the rights of foreigners to social protection and pensions.
Court practice
The court practice in the field of social protection and pension provision for foreigners in Ukraine demonstrates real cases of dispute resolution and protection of foreigners' rights. Here are some examples of court cases:
Case of refusal to grant a disability pension
In this case, a foreigner challenged the Pension Fund's refusal to grant him a disability pension. The foreigner argued that he had the required insurance period and a medical certificate of disability. The court, having considered the evidence, found that the Pension Fund's refusal was unreasonable and upheld the foreigner's claim, ordering him to receive a disability pension.
A case on the payment of childbirth benefits
In this case, a foreigner appealed against the refusal of a social security authority to pay childbirth benefits. The foreigner argued that he was entitled to the benefit under Ukrainian law, as he was a permanent resident of Ukraine. The court, having examined the evidence, found that the refusal of the social security authority was unlawful and ordered the payment of the childbirth allowance.
Case on the calculation of a housing subsidy
In this case, a foreigner appealed against the refusal of the social security authority to grant him a housing subsidy to pay for utilities. The foreigner argued that his income did not exceed the established subsistence level and therefore he was entitled to a subsidy. The court, having considered the evidence, found that the refusal of the social security authority was unreasonable and ordered the housing subsidy to be accrued.
Conclusion.
Social protection and pension provision for foreigners in Ukraine are important components of the legal system aimed at ensuring a decent standard of living and protecting the rights of foreigners. Foreigners who legally reside or work in Ukraine are entitled to social benefits, allowances and pensions in accordance with Ukrainian law and international agreements.
In order to receive social protection and pensions, foreigners must meet certain conditions, including having a residence permit, paying insurance contributions, having the required insurance period and providing relevant documents. International social security treaties provide for mutual recognition of pensionable service, pension recalculation and cooperation between social funds of the participating countries.
The court practice shows real cases of dispute resolution and protection of the rights of foreigners in the field of social security and pensions. An important component is the further improvement of legislation and its application to ensure effective and fair social protection and pension provision for foreigners in Ukraine.
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