The Grand Chamber of the Supreme Court Ruled a Decision in a Pilot Case on Assessing and Paying an Annual Lump Sum of Benefits to the War-Disabled Person

An appellant, participant of the liquidation of the consequences of the Chernobyl disaster, with II group disability, requires the court to recognize illegal inaction of the Center for accrual and implementation of social benefits in Poltava oblast and of the Department of Social Protection of the executive committee of the Lubny City Council in Poltava oblast, as to assessing and paying an annual lump sum of eight minimum retired pensions by 5 May 2020. The appellant also asked to oblige the respondents to assess and pay benefit arrears, taking into account the prior benefit payment in the sum of UAH 3 640.

The Supreme Court received a petition from a judge of the Poltava District Administrative Court to consider this case as a pilot. By its decision of 29 September, 2020, the Administrative Cassation Court partly granted an appellant's claims: it found the Center's inaction illegal and obliged it to assess and pay the benefit arrears, taking into account the prior benefit payment. In other part, the court dismissed the claim.

 The Administrative Cassation Court of the SC noted that this decision is pilot for cases where the appellant has the status of a war-disabled person and the right to benefits under Article 13 of the Law of Ukraine "On the status of war veterans and guarantees of their social protection"; and where the subject of the dispute is complaint against actions (inaction) of the body authorized to pay the annual lump sum by 5 May (Department of Social Protection at the place of residence of person/or Center for accrual and implementation of social benefits) as to assessing and paying the annual lump sum by 5 May 2020 in the sum provided for by Article 13 of the Law of Ukraine "On the status of war veterans and guarantees of their social protection".

On 13 January 2021, having considered appeal complaint from the Center for accrual and implementation of social benefits in Poltava oblast, the Grand Chamber of the Supreme Court dismissed it, and upheld judgment of the Administrative Cassation Court.

The full text of the resolution of the Grand Chamber of the Supreme Court in case No 440/2722/20 (proceedings 11-349заі20) is available in the Unified State Register of Court Decisions.