Pension due to the loss of a breadwinner: how official student employment affects state payments

Many students receiving a pension due to the loss of a breadwinner postpone official employment out of fear of losing state support. This is especially relevant in the summer when young people actively look for jobs or internships. At the same time, current legislation does not link the right to such a pension with the fact of employment.

Other circumstances are decisive. "Judicial and Legal Newspaper" examined who is entitled to a pension, how not to lose it, and what students need to remember.

Who is entitled to a pension due to the loss of a breadwinner

The legal grounds for granting this payment are defined by the Law of Ukraine "On Compulsory State Pension Insurance." According to Article 36 of the Law, a pension due to the loss of a breadwinner is granted to incapacitated family members of the deceased who were dependent on him. Such persons include, in particular, children.

The law separately provides guarantees for students. Thus, the right to payment is retained for children studying full-time in general secondary, vocational (vocational-technical), professional pre-higher, and higher education institutions. The pension is paid until the completion of studies, but no longer than until reaching the age of 23.

Moreover, the law considers transitions between different education levels. If, after completing studies, a person enrolls in another educational institution or continues studies at the next educational level, the right to a pension may also be retained if the break between studies does not exceed four months.

For orphans, the law establishes a separate guarantee – they receive a pension until 23 years old regardless of whether they continue their studies or not.

Does official employment affect pension payments

This question most often arises among students planning to work while studying. The Pension Fund of Ukraine emphasized that the fact of employment does not affect the right to receive a pension due to the loss of a breadwinner. This conclusion also follows from the content of Article 36 of the Law. The provision contains no requirement regarding the absence of work or receipt of wages as a condition for granting or continuing pension payments.

In other words, a student can: be officially employed, work under an employment contract, receive wages, and at the same time continue to receive a pension due to the loss of a breadwinner if they study full-time and have not yet reached 23 years of age. These two conditions are decisive for continuing payments.

Circumstances that may lead to termination of payments

Although official employment is not a reason for losing the pension, the law defines cases when the right to payment is terminated. The pension may be stopped if:

• the student has completed their studies;
• they were expelled from the educational institution;
• they transferred from full-time to part-time or another form of study that does not entitle them to the pension;
• the person turned 23 years old (except for cases provided by law for orphans);
• other circumstances arose due to which the person lost the status of an incapacitated family member.

These circumstances, not the fact of employment, may affect further pension payments.

Is it necessary to notify the Pension Fund

According to Article 44 of the Law of Ukraine "On Compulsory State Pension Insurance," a pension recipient is obliged to inform the Pension Fund authority about circumstances that may affect pension payments. This primarily concerns the termination of studies, transfer to another form of education, or other legally significant changes.

At the same time, official employment itself is not among the circumstances that terminate the right to a pension due to the loss of a breadwinner if the student continues full-time studies and meets the requirements of Article 36 of the Law.

Which documents confirm the right to continue payments

After reaching 18 years of age, the right to a pension is no longer unconditional, so the Pension Fund must have confirmation that the student continues to meet the legal requirements. Usually, a certificate from the educational institution confirming full-time study is submitted for this purpose.

If a person enrolls in another educational institution after completing the previous education level, it is also necessary to confirm the continuation of studies. These documents have legal significance for continuing pension payments. In contrast, a certificate from the workplace or information about official employment alone is not a basis for terminating payments.

Thus, current legislation clearly separates the right to a pension due to the loss of a breadwinner and the fact of official employment. For students, the decisive factors remain not the presence of a job or the amount of wages, but full-time study and age under 23. Therefore, official employment is not a reason for terminating pension payments due to the loss of a breadwinner.

However, students should timely inform the Pension Fund about changes that can truly affect the right to state support, in particular about the completion or termination of studies.

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