The Parliament of Ukraine Committee on Social Policy and the Protection of Veterans’ Rights has recommended that parliament adopt Bill No. 14191 at second reading and in its entirety, subject to the necessary technical and legal amendments.
The bill changes the approach to state social assistance for people with disabilities from childhood and children with disabilities. Whilst preparing the document for the second reading, some of the comments previously raised by “The League of the Strong” and other civil society organisations were taken into account.
Previously, representatives of the civil society sector had drawn attention to the risks associated with a possible curtailment of beneficiaries’ rights, a new system for calculating payments, the piecemeal introduction of needs assessments, and an insufficiently defined mechanism for funding social services.
What has changed in the draft bill
One of the key changes is the enshrinement in law of funding for social services for children with disabilities from the state budget. Specifically, this refers to comprehensive state support that will combine cash payments with social, medical and educational services, including early intervention.
The final version also retains a significant increase in the level of state support. For example, for a child with a disability in sub-group A, aged between 6 and 18, who is being brought up by their biological family, the payment rises from 8,840.50 UAH to 18,000 UAH per month, and for a child not in sub-group A — from 3,572.50 UAH to 13,500 UAH.
During the finalisation of the draft law, a provision was removed that could have led to the abolition of pensions for people with a Group III disability from childhood. It was this provision that caused the greatest concern among people with disabilities and their families.
The plan to introduce a piecemeal needs assessment exclusively for children with disabilities was also abandoned. In the final version, the care allowance will once again be awarded on the basis of the conclusion of a medical advisory committee, rather than through a separate assessment system that would apply to only one category of recipients.
Another change concerns the mechanism for calculating payments. Whilst the model based on a reference amount remains in place, the draft law sets a minimum threshold: from 1 January 2027, it cannot be less than 4,000 hryvnias.
In addition, the procedure for paying benefits to children who are fully supported by the state has been amended. For orphans and children deprived of parental care, benefits will be paid in full into their personal accounts until 2028. For other children, half of the funds will be paid into their personal account, and the remainder will go to the institution for social services actually provided under a contract.
‘We can see that, during the finalisation of the draft law, some of the risks highlighted by “The League of the Strong” and other civil society organisations have been successfully addressed. It is particularly important that the text contains no provision that could jeopardise the pensions of people with a Group III disability from childhood, and that funding for a range of social services is secured through the state budget,” said Daria Kukurika, Executive Director of “The League of the Strong” public association.
What issues remain unresolved
The specific procedures for the provision and funding of new social services are to be set out by the Cabinet of Ministers in subordinate legislation. The extent to which these services will be accessible and how the new system will work in practice will depend on the content of these documents.
“Following further refinement, the draft bill has changed significantly. It has addressed some of the most critical risks and introduced important provisions that strengthen social safeguards for children and people with disabilities. In particular, these include an increase in state assistance, the funding of social services from the state budget, and the preservation of the existing rights of benefit recipients. In this version, the document is much better suited to the needs of people with disabilities and their families and could mark an important step in the development of the state support system. At the same time, it is of fundamental importance to us that, during its consideration in The Parliament of Ukraine, no risky provisions are reintroduced into the draft law, and that the guarantees it provides are properly implemented in practice,” said Daria Kukurika, Executive Director of the public association “The League of the Strong”.
It should be recalled that “The League of the Strong” had previously addressed the relevant committee of The Parliament of Ukraine with an official letter setting out its comments and proposals regarding draft law No. 14191. Separately, the organisation, together with other civil society representatives, published a joint statement calling for the document to be further refined.
During the preparation of the draft bill for its second reading, some of these comments were taken into account, and certain risky provisions were removed from the document. “The League of the Strong” will continue to monitor the progress of draft bill No. 14191 and will provide updates on any further changes.