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“Double payment: get a benefit and a pension for the loss of a breadwinner” — comments by 'Prime Advice' lawyers for

The widow of an employee of the Ministry of Internal Affairs after the death of her husband first received an allowance, and then issued a pension for the loss of the breadwinner. It is impossible to get two support measures, the departmental pension service center decided and deducted the amount originally transferred from the monthly payments. This was done illegally, the woman considered and went to court to return the money. Three instances refused her, and the Supreme Court explained that the wives of internal affairs officers can count on two measures of support when they receive them not at the same time, but in turn.

Support is prescribed

The situation is well illustrated by the peculiarities of the legislation on social and pension provision, says Alsu Mukhametdinova, a lawyer at the "Prime Advice". According to her, any provisions of the law in this area should be applied literally. This approach is not ideal, as it does not allow one to respond to specific cases. But it helps to prevent possible abuses and just mistakes on the part of applicants and authorized bodies. The Supreme Court, according to Mukhametdinova, reasonably pointed out that it is impossible to 'cut' the pension on the basis of an application for retention. In fact, the authorized body has gone beyond its powers.

Similar kind of disputes about the withholding in the payment of pension for survivor's pension arose before, says Galina Krivonogova, a lawyer at the "Prime Advice", for instance in cases № 2-331/2019, № 2-1162/2009. The key in these disputes, according to the expert, is the indication that the authorized body must act strictly in accordance with the procedure prescribed by law.

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