A resident of Zaporizhzhia found a job but continued to receive unemployment benefits. Did the court order the return of 11,522 hryvnias?

A man was receiving unemployment benefits, but it turned out that he had been employed by an individual entrepreneur from February 8, 2022, to December 30, 2022. As a result, he is required to repay benefits amounting to 11,522 hryvnias. This was stated in the decision of the Shevchenkivskyi District Court of Zaporizhzhia, published on September 26, 2024.

Since August 17, 2022, the man had been granted unemployed status. An order dated December 27, 2022, terminated his unemployment benefits and registration as unemployed effective October 4, 2022, due to failure to visit the employment center without valid reasons for more than 30 working days. From August 17, 2022, to October 3, 2022, the citizen received unemployment benefits totaling 11,522 hryvnias. Upon reviewing the validity of the unemployment benefits payments, it was established that he had been employed by an individual entrepreneur from February 8, 2022, to December 30, 2022, as confirmed by relevant documents. Therefore, he violated Article 36 of the Law of Ukraine on "Mandatory State Social Insurance for Unemployment," as he did not report circumstances affecting the conditions of his benefits and social services, and was not entitled to receive the funds.

What did the court decide?

The court granted the claim of the Zaporizhzhia branch of the Zaporizhzhia Regional Employment Center. The man will be required to repay the unemployment assistance received from August 17, 2022, to October 3, 2022, totaling 11,522 hryvnias to the Zaporizhzhia branch of the Zaporizhzhia Regional Employment Center.

"The fact of the defendant's dishonesty in acquiring the funds received from unemployment benefits, which manifested in the failure to inform the authority that granted such payment about his official employment, was established during the proceedings. Therefore, the amount of unemployment assistance paid must be returned by the defendant, as it was received without proper legal grounds. Considering the circumstances established in the case, the court concluded that the amount of unemployment benefits, totaling 11,522 hryvnias, is subject to recovery from the defendant in favor of the plaintiff, as it was received without legal grounds due to official employment and the existence of an employment relationship during the application to the employment center and the receipt of unemployed status, and the failure to notify the employment center of this circumstance," the court emphasized.