Article 46 of the Constitution of Ukraine guarantees every citizen the right to social protection. However, does this right always apply to the Ukrainian citizens, gone abroad? Ukrainians, officially employed or have a permanent residence in another country, do they have the right to pensions, social benefits, compensations, subsidies, etc.?
In this article you will find answers to the most common questions about some government payments to Ukrainians abroad.
All citizens of Ukraine, subject to sufficient length of service, are entitled to a pension, regardless of place of residence.
You can go to any country for permanent residence, while retaining the right to a pension in Ukraine, guaranteed by the Law of Ukraine "On Compulsory State Pension Insurance" and regulated by the Resolution of the Pension Fund №4-5.
Terms and conditions for the payment of pensions to Ukrainians who have gone abroad can be carried out according to two alternative principles:
1. Territorial principle of pension provision:
The insurance period obtained in both states is summed up, and the pension is obliged to be paid by the state in the territory of which the recipient resides.
It is applied to citizens of Ukraine in such countries as: Belarus, Armenia, the Russian Federation, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan, Hungary, Moldova, Georgia, Azerbaijan, Mongolia, Romania.
2. Proportional principle of pension provision:
Both states are obliged to pay the pension in proportion to the length of service completed on the territory of each of them separately.
It is applied to citizens of Ukraine in such countries as: Bulgaria, Estonia, Latvia, Lithuania, Spain, the Czech Republic, Slovakia, Portugal, Poland.
It is important to note:
Previously, the Law of Ukraine “On Compulsory State Pension Insurance” provided for the termination of the payment of a pension for the entire period of a pensioner’s residence abroad, unless otherwise specified in an international agreement of Ukraine. These provisions have expired from the date of the Constitutional Court's decision of 07.10.2009 № 25-rp / 2009.
However, the Pension Fund still quite often stops paying pensions to such citizens who go abroad.
Such actions of the Pension Fund are clearly illegal and violate the rights of pensioners. So if you are faced with such a situation, do not hesitate to go to court to restore your right to pension benefits.
Instead, the payment of subsidies to Ukrainians traveling abroad is legally stopped. Such provisions are fair, as such persons have not paid any taxes for a long time and simply enjoy social support at the expense of taxes of other citizens officially residing in Ukraine.
That is why if within 60 days one of the family members applying for a subsidy does not pay a single social contribution (provided that he is not officially registered as unemployed), the right to a housing subsidy is lost.
Moreover, according to a new decree approved by the Government, the conditions for receiving subsidies have become even stricter, as each trip abroad, depending on its purpose, is checked when deciding whether to pay or refuse a subsidy.
HELP FOR LOW-POOR FAMILIES
Families who, for valid reasons, or for reasons independent of its members, have insufficient income to ensure a normal standard of living, are entitled to social assistance only if they permanently reside in Ukraine.
Instead, for citizens employed abroad, this assistance is canceled.
SOME OTHER COMPENSATION PAYMENTS
The situation with compensation payments, primarily in connection with the care of disabled people of group I or people over 80 years of age, is the same as in the case of assistance to low-income families.
In this case, such termination is fair, as citizens who do not actually provide care, ie do not meet the basic requirements, can not have a legal right to social assistance in Ukraine
Social protection bodies are responsible for conducting constant monitoring of migration abroad of recipients of social benefits in Ukraine.
Thus, in order to verify such recipients, the authorities often resort to:
submission of requests to the state border service
conducting a survey regarding the fact of care
finding out information about informal employment abroad, etc.
Do you have additional questions about social benefits for Ukrainians abroad?
Contact our specialists in a way convenient for you:
1) through the CHAT;
2) by contact phone number.