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Publication date: 18.01.2024
Practicing attorney and lawyer with more than 12 years of practical experience in various branches of law
We all know that for many people now, to go abroad or to get a deferment from mobilization, it is necessary to formalize care for an elderly person.
- And how to do it I will tell you in this article.
- Support of a lawyer at military point is the thing that needs everyone now, responsibility for failure to appear before the military commissariat and penalty for failure to appear at the military commissariat is not the worst that can happen, hiding from the military commissariat is not a good idea.
What are the options for formalizing care for a disabled person
The options for filing a caregiving paperwork depend on your goal.
- If your goal is to travel abroad, there are only 2 options available to you - a certificate of receipt of compensation for care of a disabled person or someone who needs care, or a care record.
- The care allowance certificate is not available to everyone. Your average monthly income per family member should not exceed 1 living wage for an able-bodied person, which is a little more than 3000 UAH per month.
- If it exceeds - the option with a certificate of compensation is not available to you, do not even try.
- Also I do not advise even to start this option for those who are not close relatives of the disabled. You will definitely be rejected.
- But if you and on the level of income pass, and a close relative is, then you can try.
- But if your way certificate of compensation for care - then get ready for a couple of months to collect documents and at least a month to wait for the response of the USZNS.
And what to do for those who do not pass on the level of income, is not a close relative of a disabled person or just does not want to drag it all out for 3-4 months?
- And if your goal is to leave, then you still have the second option of registration of care.
- This is the act of establishing the fact of realization of care by you for a disabled person or someone who needs care.
- This option is good because it does not depend on your or the disabled person's income. It does not depend on whether you or the disabled person is working or not.
- It doesn't require you to undergo a medical examination and the process of gathering paperwork won't take as long as it does for care compensation.
In theory, it can be obtained much faster in 5 working days and is simple.
- But in practice you will get the maximum number of obstacles from the local authorities. Because there is an unspoken instruction from above not to give it to anyone.
- And further a little later I will tell you how to get this very act of care as quickly and efficiently for you.
- I also want to add that if your goal is not to travel abroad, and deferral from mobilization, then in addition to the above 2 options you will also fit and such a variant of registration of care for a disabled person as a notarial contract for life maintenance.
- But note that this option for traveling abroad will not be suitable.
- But as for the deferment of conscription, quite, since the Law of Ukraine "On mobilization preparation and mobilization" does not specify a clear list of documents that can confirm the care.
How to formalize the care of an elderly person by the act of care without compensation
- And now I give step-by-step guidance on how you can get the act of establishing the fact of realization of care by you for a disabled person or someone who needs care.
- This can be done by a grandchild to formalize the care of a grandmother, or in general, a stranger, not a relative, to formalize the care of a disabled person who asked him to do so.
- To begin with, let's find out who issues this act of establishing the fact of care and where you need to go.
- And it is issued by the local authority at the place of registration or registration as an IDP of the disabled person for whom care is being formalized.
- The local authority is the village council, town council, city council, RDA of the city district where the disabled person is registered.
Very often it is the Social Security Administration, i.e. social protection agencies. Who it is in your case - the village council or the Social Security Administration - you need to find out locally. But it is one of these bodies.
In this case, please note that the Centers for administrative services do not issue acts of establishing the fact of care. They are engaged only in certificates of receipt of compensation for care. Therefore, if your goal is the act - in the CNAP do not need to go.
Very many people at this stage, going to the CNAP and receiving the answer that they do not have acts and they do not issue them, think that all, and the options to formalize care they have no. In fact, there are, it's just that you did not turn to the right place.
Now let's assume that you went to the right place and you are on the doorstep of the village council or social security bodies.
And the first step is to say clearly what you need and what you don't need.
You need to say that you need an act of establishing the fact of caring for a disabled person and that you do not need a certificate of receipt of compensation for care.
If you say, I need to take care of my grandmother, you will be led the way of the certificate of receipt of compensation for care, they will happily say that you do not pass on the level of income, about the presence of the act of establishing the fact of realization of care will be silent, and you will leave with nothing.
Therefore, it is very important to say that you need exactly the act of establishing the fact of care, and not the certificate of receipt of compensation for care. And with these exact words. This is already 50% of success.
Also say that you need this act to travel abroad. The fact is that it was invented for traveling abroad. And there really isn't any form for other purposes. And that is why local authorities do not like to issue it when they hear that it is for the military enlistment office.
So be more cunning. Say that you need it to go abroad. And then, when you get it, no one will check you whether you have traveled or not. And you will not be obliged to leave the country.
And since the Law of Ukraine "On mobilization preparation and mobilization" does not write a clear list of documents" that are needed to confirm the departure, this act is suitable.
After you have sounded everything correctly, there comes the second step.
You need to write an application with a request to issue an act of establishing the fact of care. To the application attach copies of your and the disabled person's passports and codes, documents confirming your family ties and joint registration (if there are no family ties or joint registration - it's okay, no matter what they tell you), documents on the disability of the person for whom care is being formalized, a document stating that the person for whom you are formalizing care needs constant care. This is indicated in the certificate of the MSEC or the certificate of the medical commission of the LCC. And without a document stating that the person needs constant care, you will not be issued a care certificate.
And in no case give them the LCC certificate in the original. This is an important document, and you will still need it at the military enlistment office or when traveling abroad. If they want the original, give them a copy and show them the original, or give them a notarized copy. But not the original. Because they won't give it back to you. And you will again go to the doctors and ask for a duplicate.
Also to this list of documents, if possible, attach the testimony of 2-3 witnesses, you can neighbors, such content: "I, Ivanov Ivan Ivanovich, living at such and such address, contact phone number so and so, confirm that such and such a person (you) provides constant care for such and such a person (your disabled person).
And after you do all this, submit the application and documents, your course of action depends on how events develop.
If everything is normal, in 5 working days you should receive an act of establishing the fact of caring for a disabled person. If representatives of local authorities want to visit, inspect the place of residence, communicate with the disabled person and neighbors, let them do what they want. It is not necessary to prevent this. On the contrary, it is better to facilitate it, as they are always short of staff and cars. But the result of all this should be the act of establishing the fact of realization of care and the term of 5 working days.
But if it is not normal and you begin to say something like: "We do not know what you are talking about", "We do not have such a thing", "You have no right to it at all", etc., then your task:
1) Still demand that your application for the issuance of the act on the establishment of the fact of care with a list of documents attached to it was accepted under the stamp and signed.
And demand that they give a written response to it.
Do not accept under the stamp and under the signature - send them this application with a list of documents valuable with an inventory of attachments by mail with a written demand for a written response;
2) After that say that in 5 working days I want to see either the act of establishing the fact of care, or your written response that you do not know what I am talking about, that you do not have such a thing or that I do not have the right to it on the basis of the norms of current legislation.
In other words, your task is to officially register your application for the issuance of a deed and call for a written response.
- At the same time the task of local authorities is to talk you in dark corridors, to find 150 reasons why you have no right to it, preferably to direct you on the wrong way, so that you leave without official registration of your appeal and without the act.
- Therefore, we do not enter into long conversations in dark corridors, but officially register your appeal and call for a written response.
- This does not guarantee that you will 100% receive the act of establishing the fact of care. But it does guarantee that they will have it, they will know what it is, and that your chances of getting the act will increase many times over.
In this article I talked about how to establish care for an elderly or disabled person if you are working, you have a certain level of income, you are not eligible for care compensation and you still need to establish care to go abroad or get a deferment from mobilization.
