PARENTAL CARE ACT: HOW TO GET A DELAY - LEGAL ADVICE
At this stage, many conscripts have parents who, due to serious health problems, cognitive impairment, inability to move or care for themselves, need constant help.
Conscripts, who provide such help to their relatives on a non-professional basis, have the right to officially register a postponement of conscription for military service in accordance with clause 9 part 1 of article 23 of the Law "On Mobilization preparation and mobilization".
Who can get deferment from mobilization
On August 16, 2024, the Government adopted Resolution No. 930, which simplified the procedure for obtaining deferred care. From now on, conscripts who take care of their parents can apply for a deferment regardless of the presence of other family members.
Also, the procedure for drawing up an act establishing the fact of care was specified. Conscripts who have one of their parents who, according to the conclusion of the MSEK or LKK, needs constant care, may receive a deferment.
However, it is important to prove that they are actually providing care services on a non-professional basis. This is possible by issuing material and monetary compensation or an act establishing the fact of care.
In order to receive a deferment, the following documents must be submitted:
- certificate of the MSEK on group I disability indicating the need for constant care or the conclusion of the LCC in form No. 080/4-0 or No. 080/2-0;
- birth certificate;
- certificate on receipt of compensation for care or an act establishing the fact of care (Appendix 8 of Resolution of the CMU No. 560).
The presence of other relatives does not prevent receiving a deferment, it is enough to prove the fact of care.
How to prove the need for constant care
It is possible to confirm that the parents need constant care in two ways: by the conclusion of the MSEK or LKK.
The legislation determines that persons with disabilities of the 1st group need constant care, which is recorded in the MSEK certificate.
For persons who do not have a disability, the confirmation of the need for care is the opinion of the medical advisory commission (MAC).
This document is issued to those who, due to health conditions, cannot move or provide services on their own.
To receive a conclusion, you need to contact a communal health care facility and undergo a medical examination.
Current questions - answers
Questions
Who is entitled to deferment due to parental care?
Answer
Conscripts who have one of their parents in need of constant care according to the opinion of the Ministry of Education and Culture or the Ministry of Labor and Welfare have the right to deferment. If you are not sure about the legality of your case, we recommend that you seek legal advice.
Questions
Is the presence of other relatives an obstacle to receiving a deferment?
Answer
According to the new legislation, the presence of other relatives is not an obstacle if you confirm the fact of providing care. For advice on the procedure for applying for a deferment, contact a lawyer.
Questions
What to do if the father/mother does not have a disability, but needs care?
Answer
In this case, you need to get an opinion from the LCC about the need for constant care. For support in obtaining this conclusion, contact legal experts.
Consultation of a lawyer when a postponement is issued
Obtaining deferment from mobilization on the grounds of parental care is a complex legal process that requires proper documentation and compliance with all legal requirements. Legal advice will help you understand the procedure, prepare the necessary documents and protect your rights.
The main points with which a lawyer can help:
- Checking the legitimacy of the grounds for postponement A lawyer can help you determine if your case meets the legal requirements for a deferral. For example, do the parents have relevant medical reports from the Ministry of Health and Welfare or the Ministry of Health, which confirm their need for constant care.
- Preparation and verification of documents The lawyer will provide advice on the collection and correct execution of all necessary documents, such as a birth certificate, certificates from medical institutions, material and monetary compensation for care or an act of establishing the fact of care. This will significantly reduce the risk of rejection due to improperly prepared documents.
- Consultations on the procedure for proving the fact of care A lawyer will explain how to properly prove that you are actually caring for your parents on a non-professional basis. He will help in the correct execution of the act establishing the fact of care and will provide recommendations on receiving compensation.
- Help in the simplified registration procedure After Resolution No. 930 of August 16, 2024, the procedure for obtaining a deferral was simplified. A lawyer will help you take advantage of these new provisions and issue a postponement correctly, even if there are other relatives.
- Appeal of refusal of postponement If your request for a postponement is denied, a lawyer will help you appeal the decision. This can happen through mobilization training bodies or in court. The lawyer will prepare all the necessary documents and represent your interests.
- Legal support in case of changes in legislation Legislation regarding mobilization and deferment changes frequently. The lawyer follows the latest innovations, which will allow you to be confident in your actions and quickly react to any changes.
Getting qualified legal help to apply for deferment from mobilization on the basis of parental care is important to protect your rights and successfully pass all stages of this process.
Legal aid during wartime
Obtaining deferment from mobilization due to parental care requires clear legal support, especially in wartime. Correct processing of documents and compliance with all legal requirements are critically important for servicemen and combatants. In such a situation, a lawyer for the military can provide the necessary advice on confirming the need for constant care, preparing a package of documents and interacting with state authorities. A military lawyer or military lawyer will not only ensure that the rights are respected, but also help to avoid possible legal mistakes. Given the complex legal situation, seeking legal help is a necessary step for anyone trying to get a reprieve during this difficult time.
Cooperation with legal marketplace 'Consultant'
Legal marketplace "Consultant" provides unique opportunities for those looking for qualified legal assistance. Here you will find experienced lawyers specialized in military law who are ready to provide professional support in difficult situations. The platform strives to achieve maximum results for its clients, making every effort to resolve their legal issues. An important aspect of cooperation with the "Consultant" is the guarantee of confidentiality, as well as an individual approach to each client, which ensures comfort and trust in the process of obtaining legal services.
According to the law, conscripts are entitled to a deferment if their parents need constant care, and new legislative changes have simplified this procedure. However, in order to successfully obtain a deferral, it is necessary to carefully prepare documents, confirm the fact of care and comply with all legal requirements. Consulting with an experienced military attorney can ensure proper legal support, avoid potential legal mistakes, and help protect the rights of military personnel who are performing their duty while caring for their loved ones. Cooperation with the legal marketplace "Consultant" opens access to professional legal assistance, which guarantees an individual approach and confidentiality, which is especially important in this difficult time.
