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

According to Art. Part 1 of Art. 36 of the Law of Ukraine "On Mandatory State Pension Insurance", a pension in connection with the loss of a breadwinner is assigned to disabled family members of the deceased breadwinner who were dependent on him.

However, in practice, the very fact of being dependent on the deceased breadwinner is difficult to confirm with the available documents.

A resident of the Dnipropetrovsk region, Ms. Maryna*, who was visiting her relatives in Volyn, turned to the lawyer of the Kovel Legal Aid Bureau. The woman said that she was in a registered marriage with a man, they lived together, ran a joint household and had a joint budget. The main income of the family was the husband's pension.

After his death, Mrs. Marina applied to the Pension Fund for a survivor's pension, but was refused, as she and her husband were registered at different addresses, and therefore the woman had to provide a document confirming cohabitation and proof of residence dependent on the deceased breadwinner.

The project's lawyer prepared and submitted to the court an application to establish a fact that has legal significance, and the application was approved by the decision of the Vilnohirsky City Court of the Dnipropetrovsk region.

Having received the court's decision, Ms. Marina will now have an indisputable right to receive a survivor's pension, the amount of which was twice her old age pension.

Free legal aid for displaced persons in the Volyn region was made possible thanks to the cooperation of the Western Regional Center for the provision of free secondary legal aid with the Danish Refugee Council and funding within the framework of civil protection and humanitarian aid of the European Union.

*Name has been changed.

History: Anna Kapitan, chief lawyer of the "Kovel Legal Aid Bureau" sector, Kovel city