The Pension Fund demands that a woman repay her disability pension – what was the court's decision?

The woman did not inform the Pension Fund about the fact that during her repeated examination by the Medical-Social Expert Commission (MSEC), she was not assigned a disability group. As a result, she continued to receive a disability pension from October 1, 2022, to December 31, 2022, which led to an overpayment of the pension amounting to 6,900 hryvnias. This was stated in the decision of the Frankivsk District Court of Lviv Oblast, published on October 2, 2024.

The woman was registered with the Main Directorate of the Pension Fund of Ukraine in Lviv Oblast and was receiving a disability pension. According to the MSEC certificate, she was recognized as a person with a third group disability due to a general illness as of September 30, 2022. According to paragraph 14-6 of section XV "Final Provisions" of Law No. 1058-IV, in the event of a missed period during the implementation of measures to prevent the occurrence and spread of coronavirus disease, as established by the quarantine set by the Cabinet of Ministers of Ukraine, the period for the repeated examination by the MSEC of a person with a disability disability pension payment is not stopped until the expiration of the specified measures, followed by recalculation of the amount of the paid pension based on the application and results of the review of the person with a disability. Subsequently, the Cabinet of Ministers extended the quarantine until December 31, 2022. In accordance with the aforementioned acts, her disability pension payments were extended for the period from October 1, 2022 (the date of termination of the established disability according to the MSEC certificate) to December 31, 2022. On November 18, 2022, the Main Directorate of the Pension Fund received a certificate stating that she was not recognized as a person with a disability. The citizen did not notify the Pension Fund that during her repeated examination by the MSEC, she was not assigned a disability group and continued to receive a disability pension from October 1, 2022, to December 31, 2022, which resulted in an overpayment of the pension in the amount of 6,900 hryvnias.

What did the court decide?

The court granted the claim. The excessively paid pension of 6,900 hryvnias will be recovered from the woman in favor of the Main Directorate of the Pension Fund of Ukraine in Lviv Oblast.

"Considering that the defendant received the disability pension without sufficient legal grounds for the period from October 1, 2022, to December 31, 2022, the court believes that there are legal grounds for satisfying the claim and recovering the overpaid pension of 6,900 hryvnias in favor of the Main Directorate of the Pension Fund of Ukraine in Lviv Oblast," the court emphasized.