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Appointment of a pension in connection with the loss of a breadwinner.

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Kaploukh Victoria
Kaploukh Victoria
Attorney
Ukraine / Kharkiv

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Publication date: 10.06.2024

The appointment of a pension in connection with the loss of a breadwinner in Ukraine is regulated by the law "On mandatory state pension insurance". This pension is granted to family members of the deceased breadwinner under certain conditions. Here are the main aspects:

 

  • Who is entitled to a pension due to the loss of a breadwinner?

 

  • Disabled family members of the breadwinner:
    • Children up to 18 years of age (or up to 23 years of age, if studying on a full-time basis).
    • Children, regardless of age, if they became disabled before the age of 18.
    • Incapacitated parents and wife (husband), if they reached retirement age or became disabled before the death of the breadwinner.
    • Other persons dependent on the breadwinner (grandparents, brothers, sisters and grandchildren under certain conditions).

  • Someone who was supported by a breadwinner:

  • These are persons who fully or partially received their livelihood from the breadwinner.
    Pension appointment documents.

  • 1. Application for the appointment of a pension.
    2. Passport and identification code of the applicant.
    3. Death certificate of the breadwinner.
    4. Documents confirming family relationships (birth certificate, marriage certificate, etc.).
    5. Documents confirming the content (certificate on the composition of the family, certificate from the educational institution, etc.).
    6. For the disabled - a certificate from the medical and social expert commission (MSEK).
    7. Other documents that may be necessary to confirm the right to a pension.
    Application procedure.
    1. Application to the Pension Fund of Ukraine at the place of residence.
    2. Provision of necessary documents.
    3. Processing of the application and its consideration by the Pension Fund.
    Term of pension appointment.
  •  

• The pension is assigned from the day of application for its appointment, but not earlier than from the day the right to it arises.
• The pension is granted for the period while the person remains unable to work and has the right to a pension.
The size of the pension.
1. The size of the pension depends on the number of dependents, the average earnings of the breadwinner and other factors. It can make up a certain percentage of the pension that the breadwinner received or could receive.

 

Consultation of a lawyer / consultation of a lawyer - To determine the exact conditions and details of a specific situation, it is recommended to contact the local branch of the Pension Fund of Ukraine or official sources, such as the website of the Pension Fund.

 

Pension in connection with the loss of a breadwinner in Ukraine is assigned in a certain amount, depending on the number of dependents and the amount of pension that the breadwinner received or could receive. Here are the main provisions regarding the amount of this pension:

 

  1. Basic provisions regarding the size of the pension.
  2.  
  3. • For one disabled family member:
    • Pension in connection with the loss of a breadwinner is assigned in the amount of 50% of the pension based on the age of the deceased breadwinner.
    • For two or more disabled family members:
    • The pension is awarded in the amount of 100% of the age pension of the deceased breadwinner, which is distributed equally among all disabled family members.

    Features.

    • The pension cannot be less than the amount of subsistence minimum for persons who have lost working capacity, established by law.
    • If the breadwinner's family members receive other types of pensions or state social benefits, they have the right to choose the most beneficial option for them.

    Calculation example.

    • If the deceased breadwinner had an old-age pension in the amount of 6,000 hryvnias, then:
    • For one disabled family member, the survivor's pension will be 50% of this amount, i.e. 3,000 hryvnias.
    • For two or more disabled family members, the pension will be 100% of this amount, i.e. 6,000 hryvnias, which will be divided equally between them (for example, if there are two dependents, then 3,000 hryvnias each).

 

Legal analysis of the situation / written consultation - To obtain specific data and calculations in your situation, you should contact the Pension Fund of Ukraine or the relevant social protection body, where they can provide detailed advice and help in determining the amount of the pension.

 

In Ukraine, disabled family members are persons who are unable to work due to their age or health. Here are the main categories of disabled family members:

 

  1. Categories of disabled family members.

    1. Children of the breadwinner:
    • Children under 18 years of age.
    • Children under the age of 23, if they study full-time in educational institutions.
    • Children of any age, if they became disabled before the age of 18.
    Husband or wife of the breadwinner:
    • Husband or wife who have reached retirement age (60 years for men, 58 years for women).
    • Husband or wife who became disabled.
    2. Parents of the breadwinner:
    • Parents who have reached retirement age.
    • Parents who are disabled.
    • 3. Other relatives, if they were dependent on the breadwinner:
    • Brothers, sisters and grandchildren under 18 or under 23 if studying full-time.
    • Brothers, sisters and grandchildren who became disabled before reaching 18 years of age.
    • Grandparents who have reached retirement age or are disabled.
    • Official guardians who bring up the children of the deceased breadwinner, if these children do not receive state social assistance as orphans or children deprived of parental care.

    Documents to confirm the status of incapacity for work.

    • Birth certificate (for children).
    • Certificate from the educational institution about full-time education (for students under 23 years old).
    • Certificate of medical and social expert commission (MSEK) on establishment of disability.
    • Passport or other documents confirming the retirement age.

 

Legal opinion / lawyer's legal opinion - For more detailed information and individual consultation, you should contact the Pension Fund of Ukraine or the relevant social security body.

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