The staff of “Legal Adviser for IDPs” was contacted by a person whose sister had the status of an IDP, but had not received payments to displaced persons for 7 months. At the beginning of December, social security reported that payments had been made and funding should be expected. However, the sister died soon after. Do the heirs of the deceased have the right to receive these funds, because social protection refuses, the lawyers gave an answer.
«According to the Civil Code of Ukraine, the inheritance includes all rights and obligations that belonged to the testator at the time of opening the inheritance (that is, at the time of death) and did not cease as a result of his death, except for the rights and obligations that are inextricably linked with the person of the testator. At the same time, the following amounts are transferred to his family members, and in their absence, the following amounts are included in the inheritance:
- salary;
- pensions;
- scholarships;
- alimony;
- benefits in connection with temporary incapacity;
- compensations in connection with mutilation or other health damage;
- other social benefits, provided that such benefits belonged to the testator, but were not received by him during his lifetime”.
However, experts note, IDP payments are state social assistance for housing for displaced persons, which is assigned by the social protection authority within 10 working days from the date of receipt of the application for its provision and is provided monthly. Therefore, the accrued, but not received during the life of the IDP living allowance must be paid to the family members of the deceased IDP.
In the event of the death of a pensioner, the persons who carried out his burial are paid a funeral allowance in the amount of the monthly pension that the pensioner was receiving at the time of death.
We will remind you how to deregister an IDP while abroad.
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