Publication date: 04.06.2024
active and purposeful military lawyer with more than 4 years of experience
Pension in connection with the loss of a breadwinner for a person who has disappeared under special circumstances
1. Introduction
Losing a breadwinner is a difficult test for a family, especially when a person goes missing under special circumstances. In such cases, the state provides for the provision of a pension in connection with the loss of a breadwinner. In this article, we will consider the legal grounds, terms of appointment, the procedure for registration and accrual of pensions for persons who have disappeared under special circumstances.
2. Legislative framework
2.1. Basic normative acts
The issue of awarding a pension in connection with the loss of a breadwinner is regulated by the following normative acts:
Law of Ukraine "On mandatory state pension insurance".
Law of Ukraine "On the status of war veterans, guarantees of their social protection".
Resolution of the Cabinet of Ministers of Ukraine "On approval of the Procedure for awarding a pension in connection with the loss of a breadwinner".
2.2. Determination of special circumstances
Special circumstances include situations related to the conduct of hostilities, anti-terrorist operations, natural or man-made emergencies, and other events recognized by the state as special.
3. Conditions for assigning a pension
3.1. Loss of breadwinner
A survivor's pension is granted in the event of a person's death or recognition as missing under special circumstances. This is confirmed by relevant documents, such as a death certificate or a court decision declaring a person missing.
3.2. The right to receive a pension
Members of the breadwinner's family who were dependent on him have the right to receive a pension. They include:
Minor children.Children studying full-time until the age of 23.
Incapacitated parents and other relatives who cannot provide for themselves.
4. The procedure for issuing a pension
4.1. Collection of documents
In order to assign a pension, you must collect the following documents:
Application for the appointment of a pension.
Death certificate or court decision declaring the person missing.
Documents confirming family ties (birth certificates, marriage certificates, etc.).
Certificate of maintenance of family members by the breadwinner.
Documents confirming special circumstances (certificates from the military or other relevant authorities).
4.2. Submission of documents
The collected documents are submitted to the body of the Pension Fund of Ukraine at the applicant's place of residence. The review of the application is carried out within the term defined by the law, after which a decision is made on the appointment of a pension.
5. Calculation of pension
5.1. The size of the pension
The size of the pension in connection with the loss of the breadwinner is determined on the basis of the breadwinner's earnings and insurance experience. The pension is assigned in an amount that depends on the number of disabled family members who have the right to receive a pension.
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