Defenders who passed through the crucible of war deserve not only our respect, but also real state support. One of the important aspects of the social protection of veterans is the provision of benefits for communal services.
Lawyers of the “Repeshko and Partners” Bar Association commented on the legal foundations and practical aspects of the implementation of benefits for participants in hostilities. What exactly are the benefits related to the payment of utility services, are the participants in hostilities entitled to? Who are family members of combatants and what benefits are they entitled to in this regard?
According to the State Statistics Service, for the year – from March 2023 to March 2024, the cost of communal services in Ukraine increased by a total of 12.8%. The figures in the receipts are terrifying, but they continue to grow. The war in Ukraine continues. According to some estimates, almost a million defenders of Ukraine have the status of a participant in hostilities (UBD).
Benefits for UBD are regulated by the Law of Ukraine “About the status of war veterans, guarantees of their social protection“. Thus, Articles 12 and 13 of this law specify that participants in hostilities (Article 5, 6) the following benefits are provided:
- 75-percent discount on the fee for the use of housing (apartment fee) within the limits of the norms stipulated by the current legislation (21 square meters of the total living area for each person who permanently lives in a residential premises (house) and is entitled to a fee discount, and additionally 10 .5 square meters per family);
- A 75 percent discount on utility bills (gas, electricity, and other services) and liquefied gas cylinders for household needs within average consumption norms.
The law specifies that the area of the home, on which a discount is granted, when calculating the heating fee, is 21 square meters. meter of heating area for each person who permanently lives in a residential premises (house) and is entitled to a fee discount, and an additional 10.5 square meters. meters per family. For families consisting only of disabled persons, a 75 percent discount is granted for the use of gas for heating the home for twice the size of the standard heating area (42 square meters for each person entitled to a fee discount and 21 square meters for seven ‘yu).
In addition, UBD is given a 75 percent discount on the cost of fuel, including liquid fuel, within the limits set for sale to the public, for people living in houses without central heating. Benefits for housing, communal services and fuel are provided to combatants and their family members living with them, regardless of the type of housing or form of ownership. The area of the dwelling, on which the 75 percent fee discount is calculated, is determined in the maximum possible amount within the total area of the living space (house) in accordance with the norms of use (consumption) established by these points, regardless of the presence in the family of persons who do not have rights to a fee discount. If there are persons in the family who are entitled to a fee discount in the amount of less than 75 percent, the 75 percent corresponding fee discount is first calculated in the maximum possible amount.
In addition, persons with disabilities as a result of war and persons equivalent to them are granted the following benefits:
- 100 percent discount of the fee for the use of housing (apartment fee) within the limits stipulated by the current legislation (21 square meters of the total area of the housing for each person who permanently lives in the residential premises (house) and is entitled to a discount;
- A 100 percent discount on utility bills (gas, electricity, and other services) and liquefied gas for household needs within average consumption norms.
The area of the dwelling, on which a discount is granted, when calculating the heating fee, is 21 square meters. meter of heating area for each person who permanently lives in a residential premises (house) and is entitled to a fee discount, and an additional 10.5 square meters. meters per family.
For families consisting only of disabled persons, a 100 percent discount is granted for the use of gas for heating the home for twice the size of the standard heating area (42 square meters for each person entitled to a fee discount and 21 square meters for seven ‘yu). Also, a 100 percent discount on the cost of fuel, including liquid fuel, within the norms set for sale to the public, is provided for people who live in houses without central heating.
As we can see, the benefit is limited in scope. So, if a man – a participant in hostilities lives in a house with an area of 200 square meters. together with his wife and two children, the benefit will not be granted for the entire house, but (21 sq.m. x 4 persons) + 10.5 sq.m. = 94.5 sq.m. The exception is families consisting of disabled persons – 42 sq. meters for each person entitled to a fee discount, and 21 square meters. meter per family.
Who belongs to the family members of combatants?
Numerous clarifications and current legislation have defined the circle of persons, recognizing as follows:
- wife (husband);
- their (his) minor children (under the age of 18);
- unmarried adult children recognized as persons with disabilities from childhood of the I and II groups or persons with disabilities of the I group;
- disabled parents;
- a person who lives with a person with war-related disability of group I and takes care of him, provided that the person with war-related disability is not married;
- a person who is under the care or custody of the beneficiary and lives with him.
The specified list is defined by Article 51 of the Budget Code of Ukraine in the sense of receiving a benefit, because it is for the specified circle of persons that expenses are laid in the country’s budget.
You can get the specified benefit in the following ways:
- by mail – documents are sent to the address of the Main Department of the Pension Fund of Ukraine in the region at the place of residence
- personally:
- to the nearest service center of the Pension Fund of Ukraine, regardless of the person’s place of registration or place of residence;
- to the Center for providing administrative services;
- to the executive bodies of the village, settlement, city councils of the respective territorial communities
- online:
- through web portal electronic services of the Pension Fund of Ukraine
- through portal “Action”
However, in order to submit applications through these services, it is necessary to take care of an electronic digital signature in advance and scan all the necessary documents. You also need to submit two applications and the following documents:
- application for entering information into the Register of persons entitled to benefits;
- application for granting benefits for payment of housing and communal services, purchase of solid fuel and liquefied gas;
- a document certifying the right to a benefit (certificate of a participant in hostilities)
- citizen’s passport for identity verification;
- registration number of the taxpayer’s registration card (RNOKPP).
Note that it is necessary to take into account the following nuance: in the case when a person has the right to benefits under several laws at the same time, then information about this person as a beneficiary is entered into the register on all available grounds. But in this case, the person (beneficiary) has the right to choose only one benefit under which he will receive a discount on utility services.
Also, the person who receives the benefit is obliged to notify the relevant body of the Pension Fund of Ukraine in which he receives the benefit within thirty days, in the event that there are changes in any information in the housing condition or regarding the residence of the beneficiary, namely:
- change in the composition of family members to whom benefits apply;
- change of beneficiary category;
- changing the list of received housing and communal services, conditions of their provision;
- change of manager, provider of communal services (except when information about the change is provided by the provider of the service) creation of an association.
According to the information of the Pension Fund, not only a combatant personally, but also his close relatives (parents, wife, children) can apply for utility benefits. To do this, you need to have documents that confirm family ties (marriage certificate, birth certificate, extracts from act records, etc.), and a certificate of assignment of the status of a participant in hostilities.
Data on the beneficiary’s identity are entered into the Unified State Automated Register of Persons Entitled to Benefits, and further accrual of benefits is carried out at the address of the registered place of residence or the address of the actual place of residence. In order to register a beneficiary in the EDARP at the address of the actual place of residence, it is necessary to provide any official document that confirms the actual place of residence of such a person.
The mechanism of obtaining a benefit for the payment of housing and communal services is as follows. From January 2023, benefits for the payment of housing and communal services are provided to their recipients exclusively in the form of cash. This is called benefit monetization. At the same time, the beneficiary personally pays the cost of actually consumed housing and communal services every month, but the Pension Fund “returns” the amount of the benefit in cash with funds to a bank account.
It should be borne in mind that pensioners are paid by transferring funds to their pension accounts in authorized banks or through the branch of Ukrposhta, where such a person receives a pension. Beneficiaries who are not pensioners will have the funds transferred to their current accounts opened by the Pension Fund at Oschadbank. If the beneficiary wishes to receive funds in another bank or through the Ukrposhta postal branch, he should apply to the Pension Fund body with a corresponding application.
UBD should know that benefits are terminated in the following cases:
- the beneficiary has hidden or intentionally submitted inaccurate data that affected the determination of the right to benefits – from the month in which the violation was detected;
- at the request of the beneficiary himself – from the month following the submission of the application, unless otherwise specified in the application itself;.
We urge you to pay attention to all the nuances related to the provision of benefits. The state never gives or forgives anything, and therefore the excess received will have to be returned. The amount of the benefit transferred (paid) in excess as a result of a person who is entitled to the benefit deliberately submitting documents with false information shall be returned by him at the request of the state body. In the event that the beneficiary has not voluntarily returned the overpaid (paid) amount of the benefit, the question of its collection is taken in court.
