How to Receive a Deceased Husband’s Pension in Ukraine
Ukrainian legislation provides for the possibility of receiving a pension following the death of a legally married husband or wife. Under Ukrainian pension legislation, this type of pension is known as a survivor’s pension or pension due to the loss of a breadwinner.
However, not every surviving spouse is automatically entitled to such payments. As a general rule, a survivor’s pension may be granted to disabled or otherwise legally eligible family members of the deceased breadwinner who were dependent on the deceased, subject to the conditions established by Ukrainian legislation.
Therefore, to qualify for a survivor’s pension after the death of a spouse, it is necessary to determine whether the surviving husband or wife falls within the categories of family members entitled to such a pension and whether the statutory conditions are satisfied.
In particular, the surviving spouse may qualify if he or she:
– is considered unable to work within the meaning of Ukrainian pension legislation, for example, has reached the statutory retirement age or has a qualifying disability;
– was dependent on the deceased spouse or received financial assistance from the deceased that constituted a permanent and principal source of livelihood.
In certain cases, entitlement to a survivor’s pension may also arise for a spouse or another family member who does not work and takes care of a child of the deceased breadwinner, subject to the child's age and other statutory requirements.
It is important to understand that dependency does not necessarily mean that the deceased spouse provided absolutely all of the surviving spouse's income. It may be sufficient to establish that the financial assistance received from the deceased was permanent and constituted the main source of livelihood.
In practice, the fact of dependency may require documentary confirmation. Depending on the circumstances, relevant evidence may include certificates concerning joint residence and family composition, information about the income of both spouses, pension records and other documents confirming that the deceased provided regular financial support.
If it is impossible to obtain the necessary documents or the Pension Fund of Ukraine does not recognise the fact of dependency, this fact may be established in court. In such circumstances, the applicant may apply to the court to establish the legally significant fact of being dependent on the deceased spouse.
After collecting the necessary documents or obtaining a court judgment confirming the relevant circumstances, the surviving spouse may apply to the Pension Fund of Ukraine for a survivor’s pension.
The amount of a survivor’s pension depends on the number of eligible family members and other circumstances established by law. As a general rule, where there is one eligible family member, the pension is calculated at 50% of the old-age pension of the deceased breadwinner. Where two or more eligible family members are entitled to the pension, different calculation rules apply.
It is also important to distinguish between receiving the deceased spouse's pension and being granted a survivor’s pension. The surviving spouse does not simply “inherit” or automatically continue receiving the deceased person's pension. Instead, a new type of pension is granted on the basis of the loss of a breadwinner, provided that all statutory requirements are satisfied.
If the Pension Fund refuses to grant a survivor’s pension because dependency has not been confirmed or for another reason, the refusal should be analysed individually. Where there are sufficient legal grounds, the decision of the Pension Fund of Ukraine may be challenged before an administrative court.
