A Kharkiv resident received social benefits despite owning two cars. Did the court order him to repay 56,411 hryvnias?

A man was receiving state social assistance. However, he failed to declare his ownership of two vehicles simultaneously, which led to a request for the return of funds amounting to 56,411 hryvnias. This was stated in the decision of the Frunzensky District Court of Kharkiv, published on January 27, 2025.

On September 23, 2019, the man applied to the social protection department of the Nemishlyansky District Administration of the Kharkiv City Council for temporary state social assistance for an unemployed individual who had reached retirement age but had not obtained the right to pension payments, along with a declaration of income and property status for those applying for all types of social assistance. In his declaration submitted on September 23, 2019, he indicated ownership of one vehicle, specifically a 2008 Mitsubishi. By a decision of the department dated September 30, 2019, he was granted state assistance for an unemployed individual who had reached retirement age but had not obtained the right to pension payments from September 23, 2019, to March 22, 2020, in the amount of 1,564 hryvnias per month. Subsequently, he repeatedly approached the department with applications and declarations dated March 23, 2020, September 25, 2020, March 24, 2021, and October 19, 2021. In none of the submitted declarations did the citizen indicate that he owned two vehicles simultaneously. The mechanism for granting temporary state social assistance to unemployed individuals who have reached the age specified in part one of Article 26 of the Law of Ukraine on Mandatory State Pension Insurance, but have not obtained the right to pension payments due to a lack of insurance experience, while having at least 15 years of insurance experience, and its payments (since January 1, 2018) are regulated by the procedure for granting temporary state social assistance to unemployed individuals who have reached retirement age but have not obtained the right to pension payments, approved by the Cabinet of Ministers of Ukraine resolution dated December 27, 2017, No. 1098. According to paragraph 12 of the Procedure, temporary assistance is not granted if the individual or their family members own a second apartment (house) provided that the total living area exceeds 21 square meters per family member and an additional 10.5 square meters for the family, or more than one vehicle or other means of transport (mechanism).

During the verification of the man’s personal file against the verification lists, it was found that he owned (or had owned) two vehicles: a 2008 Mitsubishi Lancer (purchased on September 20, 2019) and a 2007 Nissan Almera (which was purchased on September 4, 2007). Given these circumstances, he was not entitled to receive benefits from October 2019 to May 2022. The overpayment of budget funds for the period from October 1, 2019, to May 31, 2022, amounts to 56,411 hryvnias.

What did the court decide?

The court granted the claim. The man is to repay the unlawfully received budget funds in the amount of 56,411 hryvnias to the social protection department of the Nemishlyansky District Administration of the Kharkiv City Council.

"The defendant did not provide information affecting his right to receive temporary state social assistance for an unemployed individual who has reached retirement age but has not obtained the right to pension payments, which indicates his bad faith. Considering this, the court concludes that he acquired temporary assistance funds for an unemployed individual who has reached retirement age but has not obtained the right to pension payments without sufficient legal grounds and did not voluntarily return the total amount of the specified temporary assistance of 56,411 hryvnias in full, therefore, the claim requirements are to be satisfied in full," the court emphasized.