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To whom and in what cases can you count on one-time cash assistance

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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnitsky region
Khyzhavska Olesia Yaroslavivna

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Publication date: 29.07.2024

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One-time financial assistance

One-time cash assistance is a state-guaranteed payment provided in case of death (death), disability or partial loss of working capacity without establishing the disability of military personnel, conscripts and reservists. Compensation for those killed in the military can include financial payments, benefits for surviving family members, and other forms of support.
One-time cash assistance in Ukraine monetary compensation for death in war is assigned and paid in the following cases:

  • Casualty or death in the line of duty, compensation for those killed in war. 
    It is paid in the event of the death of a serviceman in the line of duty or death as a result of an injury (contusion, trauma or mutilation), disease received in the line of duty.
  • Death in the line of duty. Compensation is paid to the families of the fallen soldiers in the event of the death of a serviceman, which occurred during the period of service.
  • Disability due to injury or illness.
    It is paid in the event that a serviceman is disabled as a result of an injury (contusion, injury or mutilation) received during the performance of official duties, or as a result of an illness related to the performance of official duties. The benefit is also provided in case of disability within six months after leaving the service for the reasons mentioned above.
  • Disability due to service or illness. It is paid in the event that a military serviceman is diagnosed with a disability resulting from an injury (contusion, trauma or mutilation), disease related to service. The benefit is also provided in case of disability within six months after leaving the service for the reasons mentioned above.
  • Partial loss of working capacity without establishing disability.
    It is paid in the event of an injury (contusion, trauma, or mutilation) by a rank-and-file or senior officer, disease during the performance of official duties, which resulted in partial loss of working capacity without establishing disability.

Receiving payment for a dead soldier, often referred to as death benefits, typically involves several steps and may include multiple types of compensation.

 

 

Question

Who has the right to receive payment for a dead soldier?

Answer

The right to receive payment for a deceased serviceman is available to persons who meet the criteria defined by law, in particular, children of the deceased, one of the spouses, parents (adoptive parents), grandchildren, persons who lived in the same family, as well as dependents of the deceased.

Question

How is the amount of one-time cash assistance determined?

Answer

The amount of the benefit is determined on the basis of the personal disposition of the deceased (if any) or is distributed in equal shares among the persons entitled to receive it, in the absence of such a disposition or the shares are uncertain.

Question

What is the procedure for receiving one-time cash assistance?

Answer

In order to receive assistance, it is necessary to submit an application to the relevant body responsible for the distribution of assistance, together with the necessary documents that confirm the right to receive it.

The procedure for drawing up a personal order

  1. The order is drawn up in writing in an arbitrary form. In it, the person determines which of the selected persons will be paid a one-time cash benefit, and indicates the amount of each person's share in percentage.
  2. The order is signed by the military serviceman himself. The signature must contain the date of the order.
  3. The authenticity of the signature on the personal order can be certified.

Important points:

  • The order must clearly indicate to whom and in what amount the financial assistance will be paid. This avoids misunderstandings after the death of a person.
  • A person can change or update the order during service, if there is a need to adjust the distribution of cash assistance.
  • The order should be kept in a safe place so that it can be accessed if necessary and should be forwarded to the appropriate authority for confirmation.
  • This procedure helps to ensure that cash benefits are paid in accordance with the will of the servicemember in the event of his or her death.
  • The original of the order is kept in the personal file of the serviceman who drew it up. This makes it possible to ensure the availability of the document for inspection and use in case of need.

The right to receive one-time cash assistance at personal discretion

  1. Persons in whose favor the order is made These are the persons who are indicated in the personal order as recipients of assistance. They can be family members, close relatives or other persons identified by the owner of the order.• Percentage share The order specifies what share of the total amount of assistance should be paid to each of the beneficiaries as a percentage. This allows you to clearly determine how much each recipient receives.
  2. Payment Payments to the families of fallen soldiers are paid in accordance with the shares specified in the order. 
       If a person changes their personal disposition, the new disposition replaces the previous one. Payment of assistance is carried out in accordance with the current order. If a personal order is revoked or amended, previous beneficiaries lose the right to receive benefits under the revoked or amended order. This system allows military service members to ensure that their will regarding the distribution of financial assistance will be carried out in the event of their death.

If there is no personal order or does not determine the share of one-time cash assistance, payment to the families of fallen soldiers, the following persons are entitled to receive it (or its share), and they receive assistance in equal shares:

  1. Children of a deceased (deceased) person of rank and file, including those adopted and born after death, as well as children for whom the deceased (deceased) person was deprived of parental rights during his lifetime.
  2. One of the spouses who survived the deceased (deceased) person of rank and file.
  3. Parents or adoptive parents of a deceased (deceased) person of rank and file, if they were not deprived of parental rights or their rights were renewed at the time of death (death).
  4. Grandchildren of a deceased (deceased) person of rank and file or senior staff, if their parents died (deceased) at the time of the person's death (death).
  5. A woman or a man who lived together with the dead (deceased) person of rank and file in the same family, but were not married, if this is confirmed by a court decision that has entered into legal force.
  6. Dependents of a deceased (deceased) private or senior officer, determined in accordance with the Law of Ukraine "On pension provision for persons discharged from military service and certain other persons".
  7. Persons entitled to a one-time financial assistance may refuse its appointment and receipt by submitting an application to the relevant body. Such a statement is an official document that confirms a person's will to refuse to receive state support.

One-time financial assistance: restrictions in case of committing offenses

One-time cash assistance is an important type of state support for persons who have suffered as a result of military service or died in the line of duty, military personnel killed in war. However, the legislation provides for certain restrictions on the provision of this assistance in cases where the person entitled to receive it is involved in serious offenses.

In particular, one-time cash assistance is not awarded to a person who intentionally took the life of or committed an attempt on a person entitled to receive this assistance. This applies both to persons who directly committed murder or attempted murder, and to those who were brought to administrative or criminal liability for committing offenses against a deceased or deceased person of rank and file or superiors.
Compensation for death in the war, dead military in war, payment to the families of fallen defenders of Ukraine is an important element of social protection, which provides support and assistance in a difficult period. State support includes one-time and monthly payments, compensation for funeral expenses, social benefits and psychological assistance. The procedure for receiving payments requires the submission of relevant documents and an application to state bodies dealing with social security and pension provision.
Experienced lawyers and lawyers will be able to help in solving various legal issues, namely how it is provided: compensation to the families of the fallen soldiers, payments to the families of the fallen soldiers, payments to the families of the fallen soldiers, compensation for those who died in war.

ConclusionThe procedure for obtaining one-time cash assistance is complex and clearly regulated by legislation. It provides for the presence of a personal order to determine the distribution of assistance, as well as the conditions for receiving it in case of its absence. Important aspects include the individual's right to refuse assistance, the procedure for revoking or changing a personal disposition, and exclusions for persons who have committed crimes or misdemeanors.Given the complexity and detail of the regulations, ensuring the legality and correctness of the receipt of assistance can be a difficult task. The availability of qualified legal support is critical for the proper execution of all procedures and for the protection of the rights of persons entitled to assistance. A lawyer can provide the necessary consultations, help in the drafting and notarization of documents, as well as in solving possible legal issues and disputes that arise in the process.
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