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Legal aid for IDP child: if deadline is missed...
Legal aid for IDP child: if deadline is missed...Photo by lg-news.net

The resident of Luhansk region Galyna Kotova* addressed Severodonetsk office of the Legal Development Network for free legal aid. Until recently, the woman lived in the temporarily occupied territory.

Galyna told that a year and a half ago she gave birth to a child in the village of the Luhansk region, uncontrolled by Ukraine.

In the summer of 2016 the young mother moved to Severodonetsk, registered as an internally displaced person and appealed a statement on the provision of child care benefits to the department of social protection of the population.

"I have waited no child benefit, no response from the Department", complained Galyna.

After a while she turned back to the bodies of social security, where she received a denial of benefits due to the fact that the Department received the application later than 12 months after the child's birth.

The woman explained that she previously had no opportunity to address the bodies of social protection, as she was in the territory, uncontrolled by Ukraine, and was not able to leave. However, officials did not take this fact into consideration.

The lawyer of the Office Serhii Boldar assured Galyna that she had the right to appeal the court with the administrative claim against the Department of social protection.

"Indeed, Law of Ukraine "On state assistance to families with children" includes the requirement of submission of the application within 12 months from the date of birth of the child. But, however, with proper justification to the inability of the applicant to leave the temporarily occupied territory, this fact can be recognized by the court as a valid reason for missing the deadline stipulated by the law. Unfortunately, Galyna’s case is not unique. I think the court will treat this with understanding", commented Serhii Boldar.

The lawyer advised the woman on writing an application to the court and helped compile a list of documents that must be attached to the claim.

*Names are changed for ethical reasons.

P.S. The Legal Development Network offices are created and work with financial support of“Human Rights and Justice” Program Initiative of International Renaissance Foundation.  Read more about activity of Community Law Center network, basics and principles of work on Legal Space.

 The opinion of the International Renaissance Foundation cannot coincide with the point of view of authors of publication.

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