Brother has a disability of group III: why the Territorial Recruitment and Social Support Center will lawfully refuse a deferral
The presence of a disability in a close relative does not always mean that a conscripted person can receive a deferral from mobilization. The law provides clear conditions under which family circumstances are grounds for exemption from conscription during mobilization. In particular, if a brother has a group III disability, this alone is not sufficient to grant a deferral due to caregiving.
Who can receive a deferral from mobilization
General mobilization is ongoing in Ukraine. Legislation provides a list of grounds on which conscripts can receive a deferral from military service.
Such a right is granted only to conscripted citizens liable for military service. For draftees, the possibility of obtaining a deferral on these grounds is not provided.
Some grounds for deferral are related to family circumstances, but they apply only if the legal requirements are met.
Why a group III disability in a brother is not grounds for deferral
Lawyers have explained that if a brother has a group III disability, the Territorial Recruitment and Social Support Center will not grant a deferral solely on this basis.
To obtain a deferral due to caregiving, the person being cared for must meet the criteria established by law. Specifically, this means at least a group II disability, the need for constant care, and the absence of other persons who can provide such care.
Therefore, having a brother with a group III disability does not entitle one to a deferral from mobilization.
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