A man is asked to return IDP payments after having over 100,000 hryvnias in his account. The court has made a decision on this matter.

A man submitted an application for registration and assistance for accommodation for internally displaced persons. However, he did not disclose that he had funds in a bank deposit account (accounts) totaling over 100,000 hryvnias, or bonds. He is required to return 6,000 hryvnias. This is stated in the decision of the Velykoaleksandrovsky District Court of the Kherson region, published on December 24, 2024.

When applying for registration as an internally displaced person and for assistance in accommodation for internally displaced persons, the man failed to fulfill his obligation and did not report having funds in a bank deposit account (accounts) totaling over 100,000 hryvnias, or bonds of the domestic state loan, the maturity of which had either passed or was determined at the time of the claim, totaling more than 100,000 hryvnias. Thus, since he deliberately provided false information indicating bad faith in his actions, the amount of overpaid material support, according to the Department of Social Policy of the Vinnytsia City Council, is subject to recovery.

Case Review

The court found that by the decision of the Social Protection Department (Left Bank) of the Vinnytsia City Council dated September 28, 2023, the man was granted assistance for the accommodation of internally displaced persons starting from September 1, 2023, for a duration of six months at a rate of 2,000 hryvnias monthly in accordance with the provisions of paragraph 2 of order No. 332. On July 11, 2023, the Cabinet of Ministers of Ukraine adopted Resolution No. 709 “Certain Issues of Support for Internally Displaced Persons” (hereinafter referred to as Resolution No. 709), which in subparagraph 3 of paragraph 2 of the aforementioned Resolution No. 709 (in effect at the time the citizen received assistance) states that from September 1, 2023, the payment of assistance to internally displaced persons specified in paragraph 1 of this resolution shall cease if, as a result of verification, it is established that after the entry into force of this resolution: the internally displaced person has funds in a bank deposit account (accounts) totaling over 100,000 hryvnias, or bonds of the domestic state loan, the maturity of which has passed or is determined at the time of the claim, totaling more than 100,000 hryvnias.

Based on paragraph 22 of order No. 332, the Ministry of Finance conducted verification on December 18, 2023, regarding the applicant's personal file and found that the man had funds in a bank deposit account (accounts) totaling over 100,000 hryvnias, or bonds of the domestic state loan, the maturity of which had either passed or was determined at the time of the claim, totaling more than 100,000 hryvnias. He received assistance for internally displaced persons totaling 6,000 hryvnias, as confirmed by the certificate dated September 26, 2024, No. 1827, issued by the Social Protection Department (Left Bank) for the period from September 1, 2023, to November 30, 2023. On November 29, 2021, he was granted unemployed status, and unemployment benefits were assigned in accordance with part 1 of Article 22 and part 1 of Article 23 of Law No. 1533, and payments commenced.

What did the court decide?

The court granted the claim. The man is ordered to repay the overpaid accommodation assistance to the Department of Social Policy of the Vinnytsia City Council for the period from September 1, 2022, to November 30, 2023, totaling 6,000 hryvnias.

"The court established that the defendant acquired the status of an IDP but did not fulfill the obligation to timely provide information about circumstances affecting the conditions for the payment and provision of social services. Thus, considering that at the time of the plaintiff's appeal to the court, the defendant had not returned the funds provided to him, and the calculation of the debt submitted to the court complies with the conditions and rules for the provision of services and the norms of the Civil Code of Ukraine, the court concludes that the claims are justified," the court emphasized.