DRC Legal Alert: Issue 70, September – October 2021 [EN/UK]

News and Press Release
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1. Cabinet Provides One-Time Monetary Compensation and Annual Healthcare Assistance to Mine Victims

On 29 September 2021, the Cabinet issued Resolution No. 1020 adopting framework procedures for two mine victim social protection mechanisms:

i) one-time compensation;

ii) annual healthcare assistance.

Both of the assistances are provided only if a person has acquired a disability as a result of the accident. Mechanisms for the provision of both assistances are directed by the Mine Action Law (Article 10) and come in force starting from 1 January, 2022.

One-Time Compensation

  • To be provided on a one-time basis;

  • A claim must be submitted within 60 months after the establishment of direct cause between the accident and the disability;

Size of the Compensation:

  • For adults with a group I disability – 5-time the living wage (8,795 UAH);

  • For adults with a group II disability – 4-time the living wage (7,076 UAH);

  • For adults with a group III disability – 3-time the living wage (5,307 UAH);

  • For children with A-subgroup disability – 5-time the living wage (8,795 UAH);

  • For children with disability (outside A-subgroup) – 4-time the living wage (7,076 UAH).

Annual Healthcare Assistance

  • To be provided on an annual basis;

  • The claim must be (re)submitted annually (regularly) by 15 October;

  • If the person is eligible for annual healthcare assistance under other programmes, the person decides which one he/she is willing to keep;

  • Receiving the assistance automatically disqualifies the person from access to free sanatorium rehabilitation or related compensation.

Size of the Compensation:

  • Adults with group I and II disability, children with disabilities – 40% of the living wage (708 UAH);

  • Adults with group III disability – 35% of the living wage (619 UAH).

Further analysis on one-time compensation and annual healthcare assistance to mine victims will be provided under a special Legal Alert issue on the matter upon their entry into force.