Payment of the pension of the dead military: a lawyer told who is entitled to help

According to the expert, the right to a pension in case of loss of breadwinner are incapacitated by the families of the victims, dead or missing military personnel in some situations, a pension in connection with the loss of a breadwinner may appoint a minor relative of a serviceman who died in certain circumstances. A lawyer Igor Dineko told about it.

The lawyer said that in accordance with Article 30 of the Law of Ukraine "On Pension Support of Persons Discharged from Military Service, and Some Other Persons", the right to a pension in case of loss of breadwinner are incapacitated by members who are entitled to pension under this law and were maintained. The category of disabled family members includes children, brothers, sisters and grandchildren who have not reached the age of 18 or older than this age and are disabled.

However, brothers, sisters and grandchildren are entitled to a pension only if they do not have able -bodied parents. According to Art. 31 of this Law, members of the deceased's family are considered to be on its maintenance, if they were on its full maintenance or received assistance from it, which was a permanent and main source of livelihood.

Article 267 of the Family Code of Ukraine states that adult brothers and sisters are obliged to provide financial support for young and minor siblings who need help if they do not have parents, husband (wife) or these persons cannot provide Proper maintenance for valid reasons, and provided that adults and sisters are able to provide financial assistance. Persons who have reached retirement age or disabled persons I, group II or III are considered to be disabled parents.

Therefore, according to the above conditions, the right to a pension in case of loss of a breadwinner-serviceman has a brother (sister) who is under 18 years of age and has disabled parents (or deprived of parental care or or orphaned), or a minor brother (sister), who is the dependent in the deceased. If at least one of his parents is able to work, then a minor cannot be attributed to disabled family members and cannot be considered a dependent of the deceased.

Therefore, in this case, in accordance with the Law of Ukraine "On Pension Support of Persons Dismissed from Military Service and Some Other Persons", he has no right to receive a pension on the loss of a breadwinner. We will remind, on June 30 President of Ukraine Volodymyr Zelensky signed a law on payment of the military. In particular, financial security was increased for stitches, cadets and instructors. They also changed payments to those who suffered as a result of service.