Protection of rights in a case concerning the recovery of overpaid social benefits

Nadiia*, a 75-year-old woman, contacted a lawyer from the STEP NGO after receiving information about a court case concerning the recovery of allegedly overpaid social benefits for internally displaced persons. Due to her age and health condition, she was unable to assess whether she had actually committed a violation, let alone independently defend her rights in court. Therefore, an agreement on the provision of free legal aid was concluded with her, enabling the lawyer to represent her interests in court.

During the review of the case materials, the lawyer established that the grounds for the claim were Ms. Nadiia’s inheritance of an apartment. She had not informed the social protection authority of the change in her property status, as a result of which IDP benefits continued to be accrued automatically, leading to an overpayment. Consequently, the social protection authority filed a lawsuit against the woman. The lawyer explained the legal situation, prepared procedural documents, and submitted evidence to the court on the woman’s behalf.

As a result, although the court ordered the recovery of the overpaid assistance funds, it significantly reduced the amount, which was crucial for the elderly woman. After the court decision entered into legal force, the lawyer assisted Nadiia in properly arranging the voluntary repayment of the debt, thereby avoiding additional costs related to enforcement proceedings.

Thus, as a result of the legal assistance provided, Ms. Nadiia was able to protect her rights, reduce her financial burden, and finally resolve the situation without further judicial or financial risks.

* The name has been changed to protect personal data.

Access to free legal aid in Zaporizhzhia region became possible thanks to the partnership between the NGO “STEP” and the Danish Refugee Council, with funding provided by the European Union.