Recent developments in IDP support, which were introduced this year, still raise questions for many. We will explain the conditions under which IDPs can have their living allowance suspended based on the results of verification and how to resume it if it was suspended unlawfully.
Who is eligible to receive a living allowance among IDPs?
Starting from August 1, 2023, the living allowance will be granted/extended to:
- IDPs who have been displaced (repeatedly displaced) from the territories where hostilities are taking place or that are temporarily occupied by the Russian Federation.
- IDPs whose housing is destroyed or rendered uninhabitable as a result of the war of the Russian Federation against Ukraine.
- A child born to an internally displaced person.
What is the purpose of IDP verification?
Verification is carried out to establish the IDP’s eligibility for continued payment of assistance.
If you have successfully passed the verification, the assistance will continue to be paid automatically.
If the verification reveals inconsistencies with the requirements of the Procedure and the information reflected in the Unified Social Information System (EISS), the payment of assistance is terminated. Further, the corresponding status is formed in the EISS with an indication of the violated criteria. If feasible, you will be informed of the reasons for the refusal to grant/extend the benefit and the procedure for appealing the decision (by postal/electronic means).
What are the grounds for termination of payment?
Starting from August 1, 2023, assistance payments will no longer be extended to IDPs who:
- Have been abroad for more than 30 consecutive calendar days.
Exceptions! Subject to documentary evidence, days that are not included in the 30-day period:
- business trips, children’s treatment, internships, treatment, rehabilitation, which is confirmed by appropriate documents, in particular at the invitation of the host party;
- staying abroad for reasons such as the death of family members and relatives, caring for a sick child under the age of 18, staying in healthcare facilities and judicial and law enforcement agencies, due to which a person could not return from abroad of their own free will.
Therefore, IDPs who, as of July 15, 2023, according to the results of the verification, had been abroad for more than 30 consecutive calendar days and had not returned to Ukraine as of August 1, 2023, will not be eligible for the payment of assistance.
- Are serving sentences in detention facilities.
- Have been convicted of certain crimes against the foundations of Ukraine’s national security (specified in Articles 109, 110, 111, or parts 3–8 of Article 111-1 of the Criminal Code of Ukraine) or are wanted by the law.
- Have returned to their previously abandoned residence.
Starting from September 1, 2023, the payment of assistance to IDPs will be terminated if the verification results show that after July 15, 2023, this person:
- Acquired a transport vehicle (mechanism) that is subject to registration in accordance with the procedure established by law, less than five years have passed since the year of manufacture (except for a moped or a car trailer).
Exclusions are:
- Motorcycles with a value not exceeding UAH 27,209 as of the date of acquisition of ownership in 2023 and UAH 30,693 in 2024;
- Independently assembled vehicles;
- Vehicles purchased by a person with a disability of group I or II;
- Received free of charge or purchased on preferential terms through social protection authorities or received through charitable organizations, including through financial assistance for the purchase of a car;
- Vehicles that are wanted in connection with illegal seizure or physically destroyed, which is confirmed by appropriate documents;
- Vehicles purchased by parents and caregivers of family-type orphanages, large families and families with children with disabilities, and families with people with disabilities of group I or II who have reached the age of 80.
- Has made a purchase of a land plot, apartment (house), other real estate, securities and other financial instruments, virtual assets (within the meaning defined in the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime or Terrorist Financing and Financing Proliferation of Weapons of Mass Destruction”), other durable goods or paid (one-time) for any works or services for an amount exceeding UAH 100,000.
Exclusions are:
- Housing received or purchased at the expense of state or local budgets;
- Purchase of construction materials, if the person’s housing is damaged/destroyed, and cars;
- Payment for construction services if the person’s housing is damaged/destroyed, medical, educational, housing, and utility services in accordance with the social housing standard.
- Has on deposit bank account(s) funds in the total amount exceeding UAH 100,000 or domestic government bonds, which have matured or are determined at the time of the claim, in the total amount exceeding UAH 100,000.
- Conducted transactions for the purchase of foreign currency and precious metals for a total amount exceeding UAH 100,000.
Exclusions are: currency received from charitable organizations or purchased to pay for medical (including rehabilitation, prosthetics), social and/or educational services.
- Owns a residential property or a part of a residential property.
Exclusions are:
- Residential premises unfit for human habitation;
- Residential premises (part of a residential premises with an area of less than 13.65 square meters per family member) located in the territories where military operations are underway or which are temporarily outside the control of the Government of Ukraine.
- Has been and still is on full state support in an orphanage, children’s home, children’s boarding school, psychoneurological boarding school, residential home for the elderly and people with disabilities, special residential home of the social protection system, boarding school, specialized military (military-sports) education institution.
Note! Clauses 1, 2, and 4 do not apply to people who are included in the Register of ATO volunteers and/or who are engaged in measures to ensure national security and defense, repulse and deter the armed aggression of the Russian Federation, and who have made a free transfer for the needs of the state of vehicles (mechanisms), funds and other property acquired in accordance with the procedure established by law, which is confirmed by relevant documents.
When is the benefit payment terminated?
Based on the results of the verification, the payment is terminated from the month following the month in which the circumstances affecting the right to receive the benefit occurred.
The payment may also be suspended as of the month:
- following the month in which the date of termination of hostilities (possible hostilities) or temporary occupation was determined for the territory from which the internal displacement took place;
- following the month in which it became known that the IDP had returned to the abandoned place of residence;
- departure of an IDP abroad for permanent residence;
- following the month in which the period of stay abroad exceeds 30 consecutive calendar days or more than 60 calendar days in total during the six-month period of receiving assistance, or 60 and 90 calendar days, respectively, in case of a decision to extend the specified period for justified reasons;
- following the month of establishing the fact of restoration of the residential premises, provision of housing for permanent residence or housing attributed to the IDP temporary residence stock, at the expense of state or local budgets, funds of charitable or international organizations or the person’s own funds (except for Collective Centers); prerequisite: documentary or official confirmation from local authorities, charitable or international organizations;
- following the month of the changes affecting the right to receive assistance (in case of changes affecting the amount of assistance, its amount is recalculated).
In addition, the payment is suspended when the social security authority receives information from law enforcement agencies that a person (the recipient) has been convicted of a criminal offense under Articles 109, 110, 111, or parts 3 through 8 of Article 111-1 of the Criminal Code of Ukraine.
The decision of the social protection authority may be appealed to the National Social Service or in court.
Obtaining an IDP and MSEC living allowance
If you are receiving assistance and have to undergo a re-examination by the Medical and Social Expert Commission (hereinafter referred to as MSEC), you will receive UAH 3,000 for another three months from the date of expiration of the MSEC certificate.
If you live in the territories where the MSEC temporarily does not exercise its powers, regardless of the expiration date of the MSEC certificate, you will continue to receive UAH 3,000.
How to resume payments of IDP living allowance?
- Submit supporting documents that refute the grounds/criteria for the termination of the payment to the social protection authority or the authorized person of the territorial community/ASC at the place of registration.
- On the basis of these documents, the social protection authority makes a decision on the appointment of assistance.
In addition, it is recommended to contact the holder of the information (through whom the payment was terminated) to make appropriate changes to the state electronic information resources.
How to prevent overpayment of benefits?
If there have been changes in your life that affect the determination of your eligibility for assistance, be sure to notify the social protection authority, an authorized person of the territorial community, or an authorized person of the ASC within 14 calendar days. This can be done by means of postal/electronic communication (if technically possible, with an electronic signature based on a qualified electronic signature certificate).
This article was prepared by the Charity Foundation “Stabilization Support Services” with the support of the UN Refugee Agency in Ukraine (UNHCR). The contents of this publication are the sole responsibility of CO CF “SSS” and cannot be taken to reflect the views of the Agency.
The information is up-to-date as of October 13, 2023.