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15:23 Mon 17.11.25 |
The UNBA found four gaps in the draft law on basic social assistance |
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The draft law on changes in the provision of basic social assistance could become a tool for modernizing social policy. It strengthens the protection of families with children by eliminating fragmentation and increasing the targeting and effectiveness of assistance. At the same time, it requires the elimination of certain shortcomings. This conclusion was provided by the UNBA Committee on family law regarding draft law No. 14051 of 18 September 2025 «On amendments to certain legislative acts of Ukraine regarding the provision of basic social assistance». Advocates made four comments. First, amendments to the Law «On state social assistance to persons who are not entitled to a pension and persons with disabilities» limit assistance mainly to Group I, taking into account low income, excluding Groups II-III without clear criteria. This contradicts Article 46 of the Constitution, the Law «On the fundamentals of social protection of persons with disabilities» and Article 28 of the UN Convention on the rights of persons with disabilities, which prohibit discrimination on the basis of disability. Second, the proposed definition of «family» (Article 1 of the Law «On basic social assistance») does not include the separate concept of «single mother/father», which creates a gap: such families (with a child but without the other parent) may formally not meet the criterion of low income, losing their right to assistance. Thirdly, the transition from temporary state assistance under Article 181 of the Family Code to basic social assistance does not specify the grounds (court decision, register of debtors), which may lead to a refusal to pay due to the absence of «low income». This creates a risk for children deprived of maintenance. Fourth, the bill does not specify how to ensure continuity of payments during the transition from temporary state assistance to basic social assistance. The transitional provisions provide for six months of the old mechanism to remain in force, but do not guarantee the automatic start of new payments. |
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