A woman receives a pension for the loss of her breadwinner, but she has incurred an overpayment of the pension for the period from 01.04.2015 to 30.11.2020, amounting to 106,901 hryvnias, which she is required to repay, reports Politeka.net.
This served as the basis for the consideration of the case in the Podil District Court of Kyiv.
On May 19, 2015, the woman applied to the Pension Fund of Ukraine (PFU) for the appointment of a pension due to the death of a man. Based on this application, she was granted a pension amounting to 30% of the deceased man's salary, as reported by Politeka.
However, a ruling by the Shevchenkivskyi District Court of Kyiv annulled this decision, and the Main Department of the PFU in Kyiv was required to grant a pension amounting to 70% of the deceased's salary. The total pension amount was 3020 hryvnias.
After recalculation, she began receiving the pension at the new rate. However, she was also receiving a pension for the loss of her deceased son, which legally limited her pension to only 45% of the deceased's salary. Consequently, this resulted in a pension overpayment that the woman was obligated to return.
During the proceedings, the Pension Fund of Ukraine was unable to provide evidence that the woman acted in bad faith when submitting her pension application. The court noted that there was no proof of any abuse on her part, and no evidence of dishonesty was presented. Therefore, the court dismissed the PFU's claim against the woman, stating that the demands were unfounded.
Thus, the court ruled in favor of the woman, denying the Pension Fund's request.