The issue of internal displacement of Ukrainians due to Russian armed aggression has taken on a huge scale since 24 February 2022. However, since 2014, hundreds of thousands of Ukrainians have been forced to leave their homes because of the war. In addition to losses and problems of adaptation in new places, they have faced difficulties in receiving social benefits, including pensions and other state aid. And this is a serious issue.
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In order to regulate these processes, the Government of Ukraine has adopted numerous legislative acts, including Resolution No. 637 of the Cabinet of Ministers on Social Benefits to Internally Displaced Persons. The resolution regulates the procedure for providing social benefits to IDPs who were registered before 24 February 2022.
However, the implementation of these provisions has raised a number of serious issues that limit the rights of IDPs. It establishes the obligation of physical identification for the resumption of pension payments, which can be carried out via video conferencing or diplomatic missions of Ukraine for persons temporarily residing abroad.
In practice, however, it turned out that territorial offices of the Pension Fund of Ukraine often refuse to accept applications from IDPs. They cite the absence of persons in the Unified IDP Information Database. This happens even after successful physical identification. In addition, social payments for IDPs registered before 24 February 2022 are made exclusively through JSC Oschadbank. This creates significant inconvenience for people who do not have access to this bank or wish to receive payments through another bank.
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What legislative initiatives are being developed to eliminate discrimination in receiving social payments to IDP?
The Office of the Ombudsman of Ukraine actively advocates for the protection of IDPs’ rights. At the meetings of the Expert Councils, we have repeatedly emphasised the discriminatory nature of certain provisions of Resolution No. 637. We also provided the Ministry of Social Policy with recommendations to ensure equal access to banking services and the need to simplify bureaucratic procedures.
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In response to these problems, the Ministry of Social Policy has initiated a number of measures. In particular, it has developed a draft resolution of the Cabinet of Ministers of Ukraine ‘On some peculiarities of payment of pensions (monthly lifetime allowance) and insurance payments under insurance against industrial accidents and occupational diseases that caused disability’.
The draft act provides for the repeal of Resolution No. 637, which limits the choice of banking institutions and provides for the possibility of receiving a pension through any bank. The draft resolution of the Cabinet of Ministers was submitted to the Ombudsman’s Office for approval. On 4 December 2024, the Ministry of Social Policy held a coordination meeting on the revised draft act, including with the Ombudsman’s Office. Our suggestions and comments were partially taken into account. The draft resolution has now been submitted to the Cabinet of Ministers of Ukraine.
State support for IDPs should be accessible. This is a necessity to protect the rights of citizens affected by the armed conflict. Despite significant challenges, the introduction of new regulatory changes can ensure equal access to social benefits for IDPs and guarantee their rights. We will continue to monitor this issue.
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