Social benefits can be lost: how mobilization or going abroad affect state assistance

After the introduction of martial law, a significant number of Ukrainians found themselves in a situation where one family member is serving in the military, while another is abroad or raising children alone in Ukraine. Such circumstances directly affect the procedure for granting state assistance, housing subsidies, benefits, and other types of social security.

Practice shows that most disputes arise not because of the right to payment itself, but due to the determination of the household composition, consideration of the income of certain family members, confirmation of the actual place of residence, and the applicant's obligation to notify the social protection authority or the Pension Fund of Ukraine about changes in circumstances. These issues are increasingly becoming the subject of administrative disputes.

Which regulations govern this issue

The procedure for granting state support depends on the specific type of payment. Legal regulation is carried out by the Law of Ukraine "On State Assistance to Families with Children," the Law of Ukraine "On State Social Assistance to Low-Income Families," the Law of Ukraine "On Housing and Communal Services," the Regulation on the Procedure for Granting Housing Subsidies approved by the Cabinet of Ministers of Ukraine Resolution No. 848, as well as other special government acts that define the conditions for providing benefits and social assistance.

In recent years, the state has gradually centralized the administration of social payments, transferring a significant part of the powers to the Pension Fund of Ukraine. At the same time, the Cabinet of Ministers of Ukraine regularly updates the procedure for granting certain types of assistance, which requires recipients to carefully monitor changes in legislation.

How mobilization affects the re-registration of payments

The fact of mobilization of one family member does not automatically mean termination of the right to social assistance or housing subsidy. However, military service may change certain legally significant circumstances on which the granting of state support depends.

If the mobilized person was the applicant, the legislation usually allows applying through a representative or another authorized person in cases provided for by the relevant procedure for granting a specific payment.

At the same time, the family must notify the competent authority about circumstances that may affect the right to state support if required by special regulations.

"Judicial and Legal Newspaper" previously noted that in case if a war veteran cannot personally apply for benefits due to military service, serious illness, or other valid reasons, adult family members entitled to the respective benefits may do so on their behalf.

As explained by the Main Department of the Pension Fund of Ukraine in Luhansk region, they have the right to submit an application to include the veteran in the Register of persons entitled to benefits, apply for benefits, and during the experimental project — perform both procedures simultaneously.

Additionally, if a beneficiary is in captivity or declared missing under special circumstances, a family member may apply to transfer benefits to their own bank account.

What changes when a family member is abroad

Not every prolonged stay outside Ukraine leads to termination of social payments. The decisive factor is not the fact of departure itself, but the type of assistance the family receives, whether the person is considered when determining the household composition, whether their income is accounted for, and what special rules are established for the specific type of state support.

As "Judicial and Legal Newspaper" already reported, the mere fact of a household member being abroad is not an automatic reason for refusal to grant a housing subsidy.

At the same time, the Pension Fund of Ukraine clarified that if a person stays outside Ukraine for more than 60 days, they are not included in the household composition when calculating the subsidy, their income is not considered, and social norms are not assigned to them. If all household members stay abroad for more than 60 days, the subsidy is not granted because there are no persons actually living at the housing address and consuming housing and communal services.

Meanwhile, "Judicial and Legal Newspaper" drew attention to the fact that money transfers from abroad are taken into account when calculating the average monthly total family income for granting state social assistance to low-income families. As explained by the Pension Fund of Ukraine, according to the Cabinet of Ministers of Ukraine Resolution No. 632, such transfers are included in the total income, which may affect the amount of assistance or the right to receive it.

What documents may be needed

The list of documents depends on the specific social payment. Usually, the applicant needs to resubmit an application or declaration if provided by the relevant procedure, confirm changes in circumstances with documents about military service or stay abroad, and provide other documents necessary to verify family composition, income, or place of residence.

"Judicial and Legal Newspaper" paid special attention to cases when recipients are obliged to return overpaid housing subsidies. As explained by the Pension Fund of Ukraine, overpayment may arise due to submission of false information or failure to notify within 30 days about circumstances affecting the right or amount of the subsidy. In such cases, the Pension Fund has the right to demand voluntary repayment or apply to the court.

For example, in case No. 154/943/26, the court satisfied the Pension Fund's claim to recover 8,575 UAH of overpaid housing subsidy. The court found that the recipient was abroad for more than 60 days at the time of applying for the subsidy but did not notify the authorized body, although this circumstance affected her right to state assistance. The court did not recognize the defendant's references to treatment abroad and difficult financial situation as grounds for exemption from the obligation to return the overpaid funds.

What to do if a family member is mobilized or abroad:

• check whether these circumstances affect the right or amount of a specific social payment;
• notify the Pension Fund of Ukraine or social protection authority about changes if required by law;
• submit documents confirming mobilization, stay abroad, or other circumstances;
• if necessary, apply through a representative or family member if allowed by the procedure;
• in case of refusal, request a written decision and, if grounds exist, appeal it.

In summary, mobilization of a family member or their stay abroad does not automatically terminate the right to social payments, housing subsidies, or benefits. However, such circumstances may affect the procedure for their granting or continuation, as they change legally significant data about family composition, income, or place of residence.

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