If a pensioner dies but has not had time to receive the accrued pension, his relatives can receive these funds. Who exactly and how to do this - explain the lawyers of the free legal aid system.
Who can apply for payment?
Family members who:
- lived with the pensioner on the day of his death
- are unable to work and were dependent on the deceased (regardless of cohabitation):
- spouse, parents with disabilities or pensioners
- children under 18 years of age or older who have a disability acquired before adulthood
- children who study full-time - up to 23 years of age or until completion of studies
- orphans - up to 23 years old (regardless of education)
- a spouse, parent, brother, sister, grandparent who is not working and is caring for the deceased's child under the age of 8.
Where to apply?
To the Pension Fund of Ukraine.
When to contact
Within 6 months from the date of opening the inheritance.
What documents are required?
- death certificate
- documents confirming family relationships (birth certificate, marriage certificate)
- passport
- for disabled family members - documents certifying support:
- certificate from the local government body
- court decision (if necessary).
What else is worth knowing?
Consideration applications - up to 10 days.
Sum — all unearned pension up to and including the month of death.
If several people apply, the money is divided equally between them.
If no one has applied for it within 6 months, the pension becomes part of the inheritance.
Where to get support
Everyone can get free legal advice from the free legal aid system. Lawyers will tell you who can receive an unpaid pension, what documents will be needed, etc.
Some categories of people are also entitled to free assistance with applying to the court. These are IDPs, children, people with low incomes (able-bodied people – with income up to 6056 UAH/month; pensioners (by age, years of service) – 4722 UAH/month; people with disabilities – if their pension or social assistance is up to 6056 UAH), war veterans (other categories are listed below). in Article 14 of the Law of Ukraine "On Free Legal Aid"«). Lawyers will study your circumstances in detail, if necessary, prepare and submit a statement to the court, and represent your interests in court.
How to apply to the BPD provision system
https://legalaid.gov.ua/kliyentam/yak-otrymaty-bpd
Example of assistance in court
Unearned pension is also an inheritance: the court ordered to pay over 73 thousand hryvnias
Andriy is an immigrant from the Donetsk region. He needed help inheriting his late mother's pension, which she did not have time to receive during her lifetime.
Back in 2016, the Pension Fund stopped paying her pension. The court ordered her to resume payments and pay the debt for 2016–2019, but the decision was only partially implemented — the pension was resumed, but the debt was never paid.
After his mother's death, Andriy accepted an inheritance, but it only included a pension for 2020–2021 (42 thousand UAH). Andriy was unable to inherit the remaining amount, the debt for 2016–2019. The Pension Fund did not provide the notary with information about the amount of the unearned pension for this period.
A lawyer who cooperates with the BPD system prepared a statement of claim to the court, in which he requested that the actions of the Pension Fund be recognized as unlawful and that Andriy be recovered from the accrued and unpaid pension arrears of the deceased for 2016-2019 as an inheritance.
The court granted the application and ruled to recover from the Pension Fund in favor of Andriy the unpaid pension debt to his deceased mother in the amount of over 73 thousand UAH.
More about the case – here.