“My husband was a servicemember. We were expecting a child. However, shortly before our baby was born, he was killed. I know that in the past, people in such situations were denied one-time financial assistance. Is it possible to receive this payment now?”
This question is increasingly raised by families of fallen servicemembers. The answer, under current Ukrainian legislation, is yes.
Who Is Entitled to One-Time Financial Assistance?
In the event of the death of a servicemember during martial law while defending the state, their family is entitled to a one-time financial assistance payment (hereinafter referred to as OTFA).
According to Article 16 of the Law of Ukraine “On Social and Legal Protection of Servicemembers and Members of Their Families” (hereinafter — the Law), OTFA is paid in cases of death, disability, or partial loss of working capacity (without disability status) of servicemembers, conscripts, and reservists called up for training, special assemblies, or service in the military reserve. The payment is granted to persons who are legally entitled to receive it under the Law.
The Role of a Personal Disposition
If a servicemember has executed a personal disposition, it takes priority. This is a written document in which the servicemember specifies who should receive the OTFA and in what percentage shares.
Under Part 4 of Article 16 of the Law, a servicemember, conscript, or reservist has the right to draw up a personal disposition in free written form in case of their death, indicating the chosen beneficiaries and their respective shares (in percentages).
According to Part 2 of Article 16-1 of the Law, if such a personal disposition exists, the right to receive OTFA belongs to the persons named in it, in the proportions defined by the servicemember.
Persons Entitled Regardless of the Personal Disposition
Regardless of the content of a personal disposition, the right to receive OTFA is guaranteed to:
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minor children, underage children, and adult children with disabilities;
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a disabled widow or widower;
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disabled parents of the deceased.
Their share amounts to 50% of the portion they would have received if OTFA had been granted in the absence of a personal disposition.
Entitlement in the Absence of a Personal Disposition
Under Part 3 of Article 16-1 of the Law, if there is no personal disposition, or if part of the assistance is not covered by it, the right to receive OTFA (or its remaining portion) is granted in equal shares to:
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children, including adopted children, children conceived during the servicemember’s lifetime and born after their death, as well as children for whom the deceased had been deprived of parental rights during their lifetime;
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the widow or widower;
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parents (adoptive parents), provided they were not deprived of parental rights or such rights had been restored at the time of death;
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grandchildren, if their parents had died before the servicemember’s death;
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a woman or man who lived with the deceased as one family without being legally married, provided this fact is established by a final court decision;
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other dependents entitled to a survivor’s pension under the Law of Ukraine “On Pension Provision for Persons Discharged from Military Service and Certain Other Persons.”
If any eligible recipient refuses their share, the amount is redistributed equally among the remaining recipients. Such refusal must be notarized (or оформed through a Ukrainian consulate if the person is abroad).
Required Documents to Apply for OTFA
To apply for OTFA, the following documents must be submitted to a district Territorial Recruitment and Social Support Center (TCRSC), regardless of the applicant’s place of registration:
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application for OTFA;
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identity document;
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tax identification number (or passport series and number for those who refused it for religious reasons);
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death certificate of the servicemember;
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copies of documents confirming family ties or dependency:
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marriage certificate (for spouse);
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birth certificate (for child);
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birth certificate of the deceased (for parents);
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document or court decision confirming dependency (for dependents);
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valid court decision confirming de facto family relations (for civil partners);
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for persons aged 16 and over — certificate of criminal record status or a full extract from state registers, including the “Diia” service;
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certificate of name change (if applicable);
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other documents related to the appointment or payment of assistance (if available);
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written consent to the processing of personal data.
Procedure for Granting and Paying OTFA
Step 1: Submission of documents
Documents are submitted to the district TCRSC, where copies are certified and a conclusion regarding eligible recipients is prepared.
Step 2: Transfer to the regional level
Within 7 working days, the district TCRSC forwards the complete set of documents to the regional (or city) TCRSC.
Step 3: Verification at the regional level
The regional TCRSC verifies the documents, confirms eligible recipients, and prepares a conclusion on the possibility of granting OTFA. The documents are then sent to the Ministry of Defense.
Step 4: Decision of the Ministry of Defense Commission
The Commission of the Ministry of Defense adopts a decision on granting or refusing the payment.
Step 5: Notification of applicants
Within 3 working days after the decision, information is communicated through the chain of command to the regional TCRSC, which notifies the applicants.
Payment Schedule
OTFA is paid in two stages:
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First payment — 1/5 of the total amount, transferred no later than five working days after the regional TCRSC receives the funds;
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Second payment — the remaining 4/5 of the amount, paid in equal monthly installments over 40 months.
