Timely inspection of the medical and social expert commission (MSEC) is an important procedure for people with disabilities. In recent years, this body has not been working according to standard rules. From March 12, 2020, to July 1, 2023, Ukraine was quarantined due to COVID-19. On February 24, 2022, martial law was introduced. Both regimes provide for special conditions for passing the medical examination and disability pension payments.
We are sharing an explainer that details the timing of the MSEC and pension payments to people with disabilities after the end of quarantine and during martial law.
In this series, we clarify:
- what to do if you missed a second MSEC examination during quarantine;
- how disability pensions are appointed, recalculated, and paid during martial law;
- what are the peculiarities of pensions for people who live (lived) in the war zone and/or in the TOT;
- how the MSEC works under normal conditions.
We inform the affected people within the framework of the project “Supporting the capacity of the social protection system to register internally displaced persons”, funded by the UN Refugee Agency.
QUESTION:
Will the end of the COVID-19 quarantine affect the payment of disability pensions and state social assistance to IDPs with disabilities?
ANSWER:
No. Special conditions for paying pensions and undergoing medical examinations introduced during martial law are in effect.
EXPLANATION:
Until July 1, 2023, Ukraine underwent quarantine due to the spread of COVID-19. During this period, the state introduced quarantine conditions for extending the status of a person with a disability.
Since February 24, 2022, the legal regime of martial law has been in effect throughout Ukraine. It presupposes special conditions for state social payments and benefits, including for people with disabilities.
WHAT SHOULD I DO IF, AS A PERSON WITH A DISABILITY, I MISS THE DEADLINE FOR MSEC RE-EXAMINATION DURING QUARANTINE?
The payment of disability pension is not suspended until the quarantine measures expire. After the MSEC re-examination, the amount of your pension will be recalculated based on the application and re-examination results.
You can apply offline (to the territorial office of the Pension Fund) or online: https://bit.ly/47cHXxf.
PENSION PAYMENTS DURING THE PERIOD OF MARTIAL LAW*
If the disability pension termination date falls during the period of martial law and you cannot be re-examined: the payment will be continued until the termination or lifting of martial law or a state of emergency in Ukraine and for another 6 months after that.
If you were called up for military service during mobilization for the special period or enlisted for military service under a contract during martial law and cannot pass a second examination: pension payment will be extended for at least the entire period of military service.
APPOINTMENT OF PAYMENTS DURING THE PERIOD OF MARTIAL LAW and within three months after its termination or cancellation
If you reside (live) in the territory where hostilities are taking place (were taking place) and/or in the TOT** and apply for a disability pension, payments will be granted: if the application period has not expired as of February 24, 2022 (disability was established no more than three months before the introduction of martial law).
Dates of payment appointment:
- age pensions – from the day following the day of reaching retirement age;
- disability pensions – from the date of establishment of disability;
- pensions connected with the loss of the breadwinner – from the day following the day of the breadwinner’s death;
- length of service pensions – from the day following the day of dismissal from the job that gives the right to such a pension, but not earlier than February 24, 2022.
RECALCULATION OF PENSIONS DURING MARTIAL LAW
If a person with a disability is assigned a different disability group (subgroup) during the re-examination, the amount of pension will be recalculated from the month following the month of receipt of the medical and social examination report by the territorial body of the Pension Fund.
HOW DOES MSEC WORK UNDER NORMAL CONDITIONS?
The Pension Fund will stop paying disability pension if the MSEC provides documents that you:
- regained your health;
- did not appear for a second examination without good reason.
If you miss the re-examination for valid reasons or are re-recognized as a person with a disability: payment of disability pension will be resumed from the date of suspension of payment until the date of re-examination (but not more than three years if the MSEC recognizes you as a person with disabilities during this period).
If during the re-examination a person with a disability is transferred to another disability group: the pension for the specified period will be paid according to the previous disability group.
If you are re-recognized as a person with a disability: the payment of the previously granted pension will be resumed from the date of establishment of the disability, provided that no more than 5 years have passed since the termination of the pension payment; otherwise, the pension is granted again on a general basis.
*Law of Ukraine “On Compulsory State Pension Insurance,” clause 14-6 of Section XV “Final Provisions”; The Cabinet of Ministers of Ukraine’s Resolution No. 225 of 8.03.2022.
**TOT – temporarily occupied territories.
This material was prepared by the “Stabilization Support Services” Charity Foundation with funding from the United Nations Refugee Agency (UNHCR). The contents of this publication are the sole responsibility of the “Stabilization Support Services” Charity Foundation and can in no way be taken to reflect the views of the Agency.
The information is relevant as of 12.07.2023.