“New cases of the Supreme Court” — comment by Tatiana Tereshchenko for Pravo.ru
From February 8 to 12, the judges of the Supreme Court consider 20 civil cases. Here is one of them:
The widow of a veteran of the Ministry of Internal Affairs wanted to receive a pension for the loss of a breadwinner through the department, but she was refused. The courts decided that only those who were dependent on their spouse during his lifetime, that is, had no other income, can count on the payment. And the plaintiff, while married, received an old-age pension for about three years. She is paid 7,600 rubles per month. Whether she can also count on a pension from the Ministry of Internal Affairs, the Supreme Court will decide (case No. 5-КГ20-125-К2).
The lower courts did not find out whether the applicant has the right to receive two pensions, says Tatyana Tereshchenko, head of the analytical department of the Prime Advice Law Firm. As the expert emphasizes, the presence of any income in itself does not exclude dependency.