Recognition of valid reasons for missing the deadlines for applying for social benefits is a prerequisite for receiving them in wartime

During one of the visits of the Danish Refugee Council's lawyer to Caritas Donetsk in Dnipro, I met a 64-year-old woman who had arrived in Dnipro from Popasna. At the end of 2021, her husband, a category 1 liquidator of the Chornobyl accident, died, whose death was related to the Chornobyl disaster. Nina Ivanivna, as a widow, was entitled to a one-time compensation as a survivor in accordance with Article 48 of the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Disaster”. She had the right, as they say, but could not exercise it.

The lawyer began to assist in the case by searching for the Expert Opinion of the Central Medical Expert Commission of the Ministry of Health and the Ministry of Emergencies of Ukraine in order to obtain information on the results of the review of documents. The woman applied to the MSEC at the end of 2021, but was unable to obtain the conclusion due to the outbreak of active hostilities in the Luhansk region. The corresponding appeal yielded results - on 12.06.2022, Nina Ivanivna received the Expert Opinion again and immediately applied to the Department of Social Protection of the Population for the appointment of the monetary compensation she so desperately needed.

In turn, the Social Security Administration refused the widow's request, arguing that she had missed the six-month deadline for applying for a one-time compensation. Given that the said period was missed for valid reasons beyond the person's control, the lawyer prepared the necessary lawsuit.

The Administrative Court sided with the widow and satisfied her claim for the appointment and payment of one-time compensation to the families of the survivors of the persons classified as participants in the liquidation of the consequences of the Chernobyl accident and whose death was related to the Chernobyl disaster.

This month, a year after she became eligible, Nina Ivanovna received the money, and the Social Protection Department enforced the court decision.

Free legal aid to IDPs in Dnipropetrovska oblast is provided with funding from the European Union.