Caring for a group 2 disabled person in Ukraine: legal and practical aspects

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Publication date: 23.07.2024

Caring for a group 2 disabled person in Ukraine: legal and practical aspects

Caring for a group 2 disabled person is an important aspect of ensuring social protection and support for people with disabilities. In Ukraine, the law defines the rights and obligations of persons caring for disabled people, as well as social guarantees and assistance provided to disabled people and their carers. In this article, we will look at the main legal and practical aspects of caring for a Group 2 disabled person in Ukraine, including the legal framework, the procedure for registering care, the rights and obligations of carers, social guarantees and assistance, and practical caregiving tips. 

Legal framework

The main legal acts regulating the care of group 2 disabled persons in Ukraine are: 

• TheCivil Code of Ukraine: Defines the legal framework for care for persons with disabilities.
   
• TheLaw of Ukraine ‘On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine’: Establishes basic guarantees of social protection for persons with disabilities.
   
• TheLaw of Ukraine ‘On State Social Assistance to Persons Disabled from Childhood and Disabled Children’: Regulates the procedure for providing social assistance to persons disabled since childhood and children with disabilities.
   
• Resolution of the Cabinet of Ministers of Ukraine ‘On Approval of the Procedure for Provision of Social Services’: Sets out the procedure for the provision of social services to disabled people.
   
• Order of the Ministry of Health of Ukraine ‘On Approval of the Instruction on the Procedure for Medical and Social Expertise of Disabled Persons’: Regulates the procedure for conducting a medical and social examination to determine the disability group.
   

Procedure for registration of care

The procedure for arranging care for a group 2 disabled person includes several main stages:

• Medical andsocial examination: A person who applies for a disability group undergoes a medical and social examination. The expert commission determines the degree of disability and the need for care.
   
• Submitting anapplication for care: An interested person or a carer of a disabled person submits an application to the social security authorities for the appointment of care for a disabled person of group 2. The application must be accompanied by medical reports, documents confirming the disability and other necessary documents.
   
• Decision-making on the appointment of care: The social security authorities review the application and the submitted documents, make a decision on the appointment of caregivers and issue a respective caregiver certificate.
   
• Registration of care: The decision on the appointment of care is registered with the social protection authorities at the place of residence of the disabled person. The carer assumes his/her rights and obligations.
   

Rights and obligations of carers 

• Carers have certain rights and obligations defined by Ukrainian legislation. The main rights of caregivers include:
   
• Theright to social payments and benefits: Carers have the right to receive social benefits and privileges provided for by law for persons caring for disabled persons.
   
• Right to medical care: Carers have the right to medical care and consultations on caring for people with disabilities.
   
• Right tolegal assistance: Carers have the right to legal assistance on issues related to caring for people with disabilities, social benefits and other aspects.
   

The main responsibilities of carers include:

• Duty to provide careand support: The carer is obliged to provide care, treatment, rehabilitation and social support to the disabled person.
   
• Duty ofreporting: The carer is obliged to report to the social security authorities on the use of social benefits received for the care of the disabled person.
   
• Duty to respect therights of the disabled person: The carer is obliged to respect the rights and interests of the disabled person, to ensure their safety and comfort.
   

Social guarantees and assistance 

Ukrainian legislation provides for a number of social guarantees and benefits for Group 2 disabled persons and their carers. The main social guarantees include: 

1. Social benefits: Group 2 disabled persons are entitled to receive disability pensions, social assistance, compensation payments and other social benefits provided for by law.
    
2. Medical care: Group 2 disabled persons are entitled to free medical care, rehabilitation services, sanatorium treatment and other medical services.
    
3. Housing and utility benefits: Group 2 disabled persons and their carers are entitled to housing and utility benefits, including discounts and subsidies.
    
4. Right to education and employment: Persons with disabilities of group 2 have the right to education and employment based on their capabilities and needs, as well as to support in employment.
    
5. Social services: Persons with group 2 disabilities and their carers have the right to social services, including nursing care, support with household management, psychological assistance and other services.
    

Practical recommendations for care

Caring for a Group 2 disabled person requires special knowledge and skills. Here are some practical recommendations for care:

• Medical care: Ensure regular medical check-ups and treatment. Follow the recommendations of doctors and specialists, ensure that medications are taken and medical procedures are carried out.
   
• Rehabilitation and physical activity: Organise regular rehabilitation activities and physical activity as recommended by specialists. This may include physiotherapy, massage, therapeutic exercises, and other treatments.
   
• Psychological support: Provide psychological support to the disabled person. Communicate with them, involve them in social and cultural activities, and support their emotional state.
   
• Social adaptation: Help the disabled person to adapt to the social environment. Provide opportunities to communicate with other people, participate in social events and activities of public organisations.
   
• Home care: Provide comfortable living conditions for the disabled person. This may include the provision of special devices and equipment, adaptation of living space, and maintenance of cleanliness and hygiene.
   

Court practice 

Case law in cases involving the care of Group 2 disabled people shows real cases of dispute resolution and protection of the rights of disabled people. Here are some examples of court cases:

• The case of non-payment of social assistance

In this case, a group 2 disabled person appealed against the refusal of the social security authorities to provide social assistance. The court, having considered the evidence and documents confirming the disability and the right to social assistance, ruled in favour of the disabled person and ordered the social security authorities to provide appropriate assistance.

• A case of inadequate care

In this case, the relatives of a Group 2 disabled person challenged the actions of a carer, claiming that the carer was not properly performing his duties and violating the disabled person's rights. The court, having reviewed the evidence and heard witnesses, decided to change the carer and appointed a new carer to protect the rights of the disabled person. 

• A case on housing benefits
   

In this case, a group 2 disabled person appealed against the refusal of the social security authorities to grant benefits for housing and utilities. The court, having considered the evidence and documents confirming the right to benefits, ruled in favour of the disabled person and ordered the social security authorities to provide the appropriate benefits.