A resident of Zhytomyr bought a house and is required to repay 16,035 hryvnias in social benefits, as ruled by the court.

The social protection authority granted temporary state social assistance to an unemployed man who had reached the general retirement age but was not entitled to pension benefits. However, he was later denied payments because he purchased housing. The citizen is required to repay 16,035 hryvnias. This information is stated in the decision of the Bohun District Court of Zhytomyr, published on November 22, 2024.

On November 30, 2020, a man submitted an application to the Bohun District Department of Social Protection of the Zhytomyr City Council for the appointment of temporary state social assistance for an unemployed person who had reached the general retirement age but was not entitled to pension benefits. Based on the submitted documents, a decision was made on January 12, 2021, to grant him temporary state social assistance for an unemployed person who had reached the general retirement age but was not entitled to pension benefits from November 30, 2020, to May 29, 2021. From May 30, 2021, to February 28, 2022, he received temporary state social assistance of 1,769 hryvnias monthly. To continue receiving payments and recalculating the previously granted temporary state social assistance for an unemployed person who had reached the general retirement age but was not entitled to pension benefits, the citizen needed to submit an application and a complete set of documents to the department.

On January 14, 2022, the man reapplied to the department for temporary state social assistance for an unemployed person. He attached a copy of the sale agreement for part of a residential house dated April 14, 2021, indicating that he acquired 58/200 of the residential house. The total amount of the agreement was 219,530 hryvnias. On January 18, 2022, the head of the department issued an order denying the citizen’s application for state assistance starting from May 30, 2021, due to the fact that he had purchased a second property on April 14, 2021. However, the assistance for the period from May 2021 to February 2022 had already been transferred and received by him. As a result of the established circumstances, an overpayment of temporary state social assistance was formed for the unemployed person who had reached the general retirement age but was not entitled to pension benefits for the period from May 30, 2021, to February 28, 2022, amounting to 16,035 hryvnias.

What was the court's decision?

The court granted the claim. The man is to repay the excess funds to the Bohun District Department of Social Protection of the Zhytomyr City Council in the form of temporary state social assistance for the unemployed person who had reached retirement age but was not entitled to pension benefits for the period from May 30, 2021, to February 28, 2022, amounting to 16,035 hryvnias.

"The court established that the defendant purchased a part of a residential house, the value of which on the date of purchase (payment) exceeds 50,000 hryvnias. These circumstances, namely the defendant's acquisition of a part of the residential house, did not entitle him to receive social assistance. According to the evidence provided by the plaintiff, the remaining social assistance that has not been returned to the plaintiff amounts to 16,035 hryvnias. Under these circumstances, the court concludes that the claims for the return of unjustly received social assistance from the defendant are justified, and therefore the claim should be granted in full," the court emphasized.