Despite the death of his ward, the guardian continued to receive payments. Did the court order the return of 42,272 hryvnias?

A man failed to inform the social protection authorities that his ward passed away in November 2018. As a result, an overpayment of state social assistance to a first-group disabled person occurred for the period from December 1, 2018, to January 31, 2020. He has been asked to return the excess payments amounting to 42,295 hryvnias. This is stated in the decision of the Konstantinovka City District Court of Donetsk Oblast, published on March 24, 2023.

Based on the court's ruling from September 25, 2015, in civil case No. 233/4294/15-ц, the man was appointed as a guardian. Following an application in accordance with the Law of Ukraine "On State Social Assistance for Persons with Disabilities and Children with Disabilities," state social assistance was granted to him as a first-group person with a disability from November 1, 2016, to March 31, 2018, and from July 1, 2018, for life. When filling out the application for social assistance, he committed to notifying the labor and social protection authorities in case of any changes in circumstances that could affect the receipt of social assistance. The citizen did not inform the social protection department of the Konstantinovka City Council that his ward passed away in November 2018, which led to an overpayment of state social assistance for the first-group disabled person for the period from December 1, 2018, to January 31, 2020, amounting to 44,3. Excess payments of 2,022 hryvnias were returned according to a personal statement dated March 5, 2020.

"The plaintiff requests to recover from the defendant in favor of the Social Protection Department of the Konstantinovka City Council the excess state social assistance paid to childhood disabled persons of the first group in the amount of 42,295 hryvnias," the case materials state.

The representative of the man argued against the satisfaction of the claims during the court hearing, citing their groundlessness. He pointed out that the grounds for recovering the paid assistance from him, as outlined in Articles 1212 and 1215 of the Civil Code of Ukraine, do not exist. He submitted a statement to the Social Protection Department regarding the death of the ward and provided a copy of the death certificate. He noted that the legislation in force at that time, particularly the Procedure for Providing State Social Assistance to Persons with Disabilities from Childhood and Children with Disabilities dated April 30, 2002, No. 226/293/169, did not obligate the recipient of assistance to report the death of the ward and did not grant the Social Protection Department the right to pursue the matter in court. The Social Protection Department incorrectly identified the basis for the claim – Article 1166 of the Civil Code of Ukraine, which constitutes a separate ground for denying the claims.

What did the court decide?

The court partially granted the claim. The man is to return the excess payments in favor of the Social Protection Department of the Konstantinovka City Council of Donetsk Oblast amounting to 42,272 hryvnias.

"The court notes that state social assistance as a person with a disability from childhood was paid to the plaintiff in the case as a means of subsistence for a person deemed incapacitated. After the death of the incapacitated individual, the defendant, who was their guardian during their lifetime, had no legal grounds to receive the aforementioned social assistance. After the ward's death, he continued receiving state social assistance for individuals with disabilities for an extended period from December 2018 to January 2020 without legal grounds. The amount of excess state social assistance to individuals with disabilities is 42,272 hryvnias," the court emphasized.