Oleh Holiev, Lawyer of the Legal Advisor for IDPs chatbot

Ukraine offers various types of support for families with children who have critical illnesses or health conditions but are not diagnosed with a disability. This includes financial assistance from the government, additional guarantees in labor relations or during mobilization or border crossing under martial law.

Let’s figure this out and answer frequently asked questions about assistance for such families.

Who is eligible for government assistance?

Families with children who have not been diagnosed with a disability but have:

●    severe perinatal disorders of the central nervous system,

●    severe congenital malformations,

●    orphan (rare) diseases, oncological and/or oncohematological diseases, cerebral palsy,

●    severe mental disorders,

●    insulin-dependent (type I) diabetes mellitus,

●    acute or chronic stage IV kidney disease; and children who:

- have suffered a serious injury,

- are in need of organ transplantation or palliative care (hereinafter – children with critical illnesses).

How do families with children with critical illnesses get government assistance?

The right to government assistance to such families is provided for by the Law of Ukraine “On State Aid to the Families with Children.” The illnesses include insulin-dependent diabetes mellitus, acute renal failure, juvenile arthritis, and so on. You can find the list of severe illnesses, disorders, injuries, health conditions, and more that qualify for assistance at https://cutt.ly/w8BdpJ0.

The assistance is granted to one of the parents, adoptive parents, foster parents, a guardian or caretaker who permanently resides with and cares for the child.

If you would like to request such assistance, be sure to prepare these documents:

a) an application in the form that can be downloaded here https://cutt.ly/Z8Bg3xQ (in the application, select “assistance to a person caring for an ill child”);

b) a passport or other identity document;

c) the child’s birth certificate;

d) a certificate of the child’s illness/health condition issued by the Medical Advisory Committee (form No. 080-3/о https://cutt.ly/n4uWSz6);

e) a document confirming the powers of the adoptive parent, guardian, custodian, foster parent, or caretaker if the documents are submitted by such persons.

This package of documents should be submitted to:

●    the executive body of the village, settlement, city council, or

●    an administrative service center (please find the nearest ASC at https://cutt.ly/D8BjhuJ), or

●    social protection authorities of district state (military) administrations (if the documents are sent by mail).

The possibility of submitting documents via the Diia portal is expected to be introduced in the future.

Please note! The assistance is granted by the social protection authorities from the date of application and is paid monthly regardless of the receipt of other types of government assistance in the following amount:

●       for children under 6 years of age – UAH 4,544;

●       for children aged between 6 to 18 years – UAH 5,666.

 

The assistance is paid for six months with a possible extension. If a child is diagnosed with a disability, the assistance is paid until the day this fact is confirmed.

Does the government assistance to families with children with critical illnesses continue to be paid under martial law?

Before, the assistance continued to be paid on the basis of an application from one of the parents or a person in loco parentis and the child’s health certificate.

During martial law, however, the payment is extended automatically and is valid for one month after its termination. There is no need to apply to an authorized body.

Are family members with children with critical illnesses eligible for a postponement from mobilization?

Yes, this right is granted to women and men, guardians, foster parents, and caretakers.

 

However, if you have not informed the military commissar’s office of the existence of grounds for postponement from mobilization and have not received a relevant document, you may still be served with a draft notice. Therefore, you should go to the regional (city) military commissar’s office to exercise this right.

You need to submit these documents to confirm the right to postponement:

1. A passport or other identity document and a certificate of assignment of a taxpayer’s account card number (RNOKPP).

2. The child’s birth certificate.

3. A document confirming the powers of the adoptive parent, guardian, custodian, foster parent, or caretaker if the documents are submitted by such persons.

4. A document confirming that the child has a serious illness/health condition issued by a health care institution.

5. A military registration document (for example, a military ID card or a temporary certificate of a person liable for military service).

Military commissar’s offices have no right to demand any other documents. It is also unlawful to demand confirmation of the absence of other persons who can take care of the child. Both the mother and the father of a child may be postponed from mobilization.

One of the parents of a child with critical illness is performing military service during mobilization. Do they have the right to be discharged? What if both parents are serving?

Yes, they do have this right. Such a serviceperson may be discharged from military service in accordance with the Law of Ukraine “On Military Duty and Military Service.”

 

In order to exercise this right, submit a request to the commander stating:

a) the grounds for discharge from military service,

b) your desire not to serve in the military reserve of the Armed Forces of Ukraine,

3) the regional (city) military commissar’s office to which the serviceperson’s personal file should be sent.

 

The request should have the following attached:

- a document confirming that the child has a serious illness/health condition issued by a health care institution, and

- the child’s birth certificate,

- a document confirming the authority of the adoptive parent, guardian, custodian, foster parent, or caretaker.

Please note! The presence or absence of other persons who can raise the child does not affect the discharge. Even if both parents are performing military service during mobilization, they can both apply for discharge.

After discharge from military service, you remain liable for military service, so you must come to the military registration and enlistment office within five days to be registered.

Can male citizens aged 18–60 cross the border during martial law if they have a child with critical illnesses?

Yes, a mother and/or father, guardian, custodian, one or two foster parents, or caretakers may travel abroad with a child with critical illnesses during martial law.

You need these documents to cross the border:

a) a child’s birth certificate or other document confirming the authority of the person accompanying the child;

b)   a certificate of receipt of government assistance for a child with critical illness, or

Form No. 080-3/о Certificate issued by the Medical Advisory Committee;

c) passports for travel abroad (international passports).

 

Please note that the child’s passport for travel abroad is not required only if the child’s information is included in the international passport of one of the parents.

The State Border Guard Service of Ukraine clarifies that traveling abroad without an international passport is possible for people evacuating from the areas of hostilities in exceptional cases, but the decision to grant permission to cross the state border will be made directly at the checkpoint.

IMPORTANT! If the child is already abroad, you can visit him or her upon presentation of the above documents (originals or notarized copies) and a certificate of the child’s consular registration.

Do family members (relatives) of a child with critical illness have additional labor guarantees?

Yes, employees from such families may receive unpaid leave.

That is, the employee retains his or her job but is not paid a salary.

Such leave can be taken not only by parents but also by grandparents or other relatives who actually care for the child, a person who adopted or took custody of the child, one of the foster parents or caretakers. The duration of such leave depends on the illness/health condition of the child requiring home care.

An employee is granted leave for no more than until the child reaches the age of 16 if he or she has insulin-dependent (type I) diabetes mellitus; or if a child who has not been diagnosed with a disability has a severe perinatal disorder of the central nervous system, severe congenital malformation, rare (orphan) disease, oncological and/or oncohematological disease, cerebral palsy, severe mental disorder, acute or stage IV chronic kidney disease.

If the child is classified as a “child with subgroup A disability” or has suffered a serious injury or is in need of an organ transplant or palliative care, the leave may last until the child reaches the age of 18.

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Up-to-date explanations on state border crossing are available free of charge 24/7 in the Legal Adviser for IDPs chatbot (Viber, Telegram, Facebook |Messenger) and on the Facebook page.

The chatbot was developed by the Swiss-Ukrainian EGAP Program, implemented by East Europe Foundation, and the Right to Protection CF with the support of the Ministry of Reintegration of the Temporarily Occupied Territories and the Ministry of Digital Transformation.