HOW MUCH DOES THE FAMILY RECEIVE IF A MILITARY IS MISSING OR CAPTURED - LEGAL AID
In case of death, capture or disappearance of a serviceman of the Defense Forces, his relatives have the right to receive financial assistance. We will tell you what payments belong to the families of prisoners and missing persons and what documents must be submitted.
Legal resolution of the situation
Payments of monetary support for prisoners of war and missing persons are regulated by the Resolution of the Cabinet of Ministers of Ukraine No. 884 dated November 30, 2016 "On approval of the Procedure for payment of monetary support to the families of servicemen taken prisoner or hostages, as well as interned in neutral states or missing persons".
Regardless of the status of a serviceman, he is entitled to payments according to the amount of salary he received during his service.
Additional payments to the monthly payment to the military
In addition to the official salary, the monthly payment to the military includes:
- salary by military rank;
- long service allowance;
- other permanent monthly additional payments;
- other types of financial support, taking into account changes in years of service and financial support standards.
What is the term of assistance?
Families of captured soldiers will receive payments until they are released. The families of the missing soldiers will receive assistance until they are declared dead by a court or until they are officially removed from the unit.
The court may declare the missing as dead two years after the end or abolition of martial law, but in the presence of confirmed circumstances of disappearance.
For example, if the disappearance occurred during the performance of a combat mission, the court may recognize the person as deceased earlier, but not less than 6 months later.
Who is eligible for assistance?
The spouse of a missing or captured military man has the first right to receive financial assistance from the state, after which his parents have the right to receive payments.
In general, the following can apply for payments, including additional types of financial support:
- Wife (or husband);
- Adult children who live with a serviceman, if they do not have their spouses;
- Legal representatives, i.e. guardians, custodians or adopters of minor children or persons with disabilities since childhood, regardless of their age;
- Dependents of military personnel;
- Parents in equal shares, if the serviceman is not married and has no children.
In case of refusal to pay, the share of this person is proportionally distributed among other family members who are entitled to financial support.
What documents must be submitted to receive payments?
From the moment a serviceman is captured, held hostage, interned in neutral states or goes missing, financial support is paid to family members upon their application in the name of the commander of the military unit.
Add to the application:
- copies of passport pages of adult family members;
- a certificate of residence registration (if such information is not in the passport);
- copy of marriage certificate (if any);
- copies of children's birth certificates (if any);
- copy of individual tax number.
Assistance to family members of a serviceman is provided monthly based on the order of the commander of the military unit. Payments for persons who have been taken prisoner or hostages, or interned in neutral states, continue until the day of their release, and for those who are missing - until the day when the court's decision to recognize them as such or declare them dead enters into force.
Questions
How much money do families of soldiers who have gone missing or been captured receive?
Answer
Families of soldiers who went missing or were captured receive monthly cash assistance. The size of this benefit depends on the official salary of the serviceman, his rank, as well as additional allowances for years of service and other types of financial support.
Questions
Who has the right to receive payments in case of missing or captured military personnel?
Answer
The spouse (or husband) of a military serviceman has the primary right to financial assistance. In addition, adult children, legal representatives (guardians, custodians), dependents, as well as parents, if the serviceman is not married and has no children, can apply for payments.
Questions
Is it possible to apply for payments online?
Answer
Depending on the region, in some cases it is possible to apply for payments through online services, such as the Diya portal. However, it is necessary to check the specific conditions in local administrations.
Legal analysis of the situation
The legal analysis of the situation regarding payments to the families of servicemen who went missing or were captured is regulated by the Resolution of the Cabinet of Ministers of Ukraine No. 884 and the law "On social and legal protection of servicemen and their family members". Families have the right to monthly cash assistance, which is determined according to official salary, seniority allowances and other types of cash support, while the main recipients are wives (or husbands) and children of military personnel.
In order to receive payments, it is necessary to submit an application in the name of the commander of the military unit together with documents confirming family ties. Payments are made until the day the serviceman is released from captivity or until he is declared dead in a court of law, which guarantees financial protection of families in difficult times.
Professional legal assistance
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If a serviceman goes missing or is captured, his family has the right to receive monthly cash assistance, which is regulated by the Cabinet of Ministers of Ukraine Resolution No. 884. Payments are made regardless of the status of the serviceman and are determined on the basis of his official salary, seniority allowances and other types of financial support. Spouses (or husbands), adult children, legal representatives, dependents and parents of servicemen have the first right to financial assistance. To receive assistance, it is necessary to submit an application in the name of the commander of the military unit together with supporting documents. Payments continue until the serviceman is released from captivity or until he is declared dead. In difficult situations, it is important to have qualified legal assistance to help families receive the appropriate benefits and provide financial support during this difficult period.
