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State limited social benefits for members of families of lost ATO combatants
 Members of family of lost ATO combatant Photo by Natalia Bimbirayte, IRC "Legal Space"
Members of family of lost ATO combatant

“My father died because of an illness caused by military service. It is specified in the medical certificate. Having collected a lot of documents, my mother and I managed to receive the certificates of members of the family of the fallen soldier and to receive a 50% discount on the utility bills. The mother's certificate is valid for life time or until she gets married for the second time. The mine is valid until my majority. But since July of this year it’s not valid. I re-read the Law “About the Status of Veterans of War, a Guarantee of Their Social Protection” that affirms the right, but didn't find any changes. Please, explain why the benefits have been abolished. On the basis of what normative legal act?” This is the question Olena asked in a chat room of “Legal Space”.

Coordinator of the public reception office of the Ukrainian Legal Aid Foundation Iryna Latysh and lawyer Yaroslav Dreyko prepared the relevant explanation.

The Law of Ukraine of 28.12.2014 No.76 - VIII “On introduction of amendments and on invalidation of some legislative acts of Ukraine” approved changes, in particular, to the Law of Ukraine “About the status of veterans of war, a guarantee of their social protection”. It stipulates that the benefits will be provided only “if the size of the average monthly household income per person for the last six month period does not exceed the size of the income granting the right to the tax social benefit in the order determined by the Cabinet of Ukraine. That is, if the average monthly household income per person does not exceed the size of the income which grants the right to the tax social benefit (1710 UAH)”.

Due to adoption of this Law, the Cabinet of Ukraine adopted the Resolution No. 389 of June 4, 2015 that approved the Order of granting benefits to separate categories of citizens taking into account the size of the average monthly household income, which specifies the mechanism of realization of the right to social benefits for payment of the utilities depending on the size of the average monthly household income of persons who have the right to social benefits.

When the size of the average monthly income of the beneficiary’s family per person exceeds 1710 UAH, the structural division in social protection of the population informs the beneficiary in writing that they have no right to social benefits and can apply for a housing subsidy.

In case of income reduction the beneficiary has the right to apply to the structural division in social protection of the population for definition of the right to social benefits since a month of submitting the application.

The above Resolution came into force on July 1, 2015.

The exhaustive list of persons who have the right to social benefits provided by the Law of Ukraine “About the status of veterans of war, guarantees of their social protection” here (Section 2, Art. 10 of the Law).

Reference
You can get free legal advice of lawyer in the public reception office of Ukrainian Legal Aid Foundation at the address: 6 Karl Liebknecht St., off. 5, Irpen, Kyiv oblast. Phone: +38 (044) 361 38 33; (094) 831-03-38.

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