How to Restore a Ukrainian Pension While Living in Portugal

Restoring pension payments for Ukrainian citizens who were forced to leave the country following the full-scale invasion in 2022 remains an important legal issue. Many Ukrainians have settled in Portugal, which granted them temporary protection.

As a result, many pensioners have encountered the problem of suspended pension payments. The Pension Fund of Ukraine (PFU) unlawfully requires pension recipients to personally sign and submit an application for the restoration of their pension. Such requirements force people to return to Ukraine unnecessarily, exposing them to significant financial costs and potential safety risks.

The situation is further complicated by the PFU's insistence that only the pensioner may personally submit the application, refusing to accept documents filed by an authorized representative.

The Law of Ukraine "On Mandatory State Pension Insurance" provides that if a pension remains unclaimed for six consecutive months, its payment is suspended. In practice, this issue most often arises when a pensioner has not received pension payments for six months, leading the PFU to discontinue further payments.

In case No. 140/11713/25, the pensioner's brother, acting under a notarized general power of attorney, repeatedly attempted to submit the application on her behalf. However, the Pension Fund officials refused each time, insisting that the application had to be personally signed and submitted by the pensioner. Due to martial law and her residence abroad, she was unable to travel back to Ukraine.

The court concluded that the applicable legislation does not require the pensioner's personal presence to restore pension payments. The application may be submitted either by the pensioner personally or by an authorized representative acting under a valid power of attorney.

Furthermore, the Constitution of Ukraine guarantees the right to pension benefits regardless of a citizen's place of residence. The right to receive an already granted pension cannot be restricted based on the requirement to permanently reside in Ukraine.

The court also emphasized that, during martial law, excessive formalism on the part of the Pension Fund is unacceptable, particularly where a person is objectively unable to appear in person because they are living abroad.

Accordingly, Ukrainian pensioners have the legal right to submit an application for the restoration of pension payments through an authorized representative acting under a power of attorney. The Pension Fund of Ukraine has no legal grounds to refuse such applications.