Right of internally displaced persons to 50% benefits on payment for housing and communal services within limits of consumption rates

Extracts for legal literacy News

In order to establish social and legal guarantees for the protection of the rights and legitimate interests of internally displaced persons on the territory of the Donetsk People’s Republic, Law No. 171 – IIНС of July 17, 2020 “On internally displaced persons” was adopted.

Thus, the Law “On internally displaced persons” provides for a 50 percent benefit for payment of housing and communal services within the limits of consumption rates, the provision of which is regulated by the Decree of the Presidium of the Government of the Donetsk People’s Republic No. 2-1 of 13.01.2022 “On the regulation of issues on providing benefits for payment of housing and communal services, their accounting and compensation”.

Clause 11 of section II of the Procedure for the personalized registration of persons entitled to benefits for payment of housing and communal services, and the provision of benefits for payment of housing and communal services by service providers, approved by the Decree of the Presidium of the Government of the DPR No. 2-1, provides for a list of services, benefits of payments for which is provided, namely:

1) maintenance of multi-apartment residential buildings, facilities and land around houses;

2) gas supply;

3) power supply;

4) centralized heating;

5) centralized hot water supply;

6) centralized cold water supply;

7) centralized water disposal;

8) removal of municipal solid waste.

Persons entitled to benefits for payment of housing and communal services can apply to the Department of Labour and Social Protection of the Population of the administrations of districts, cities, districts in the cities of the Donetsk People’s Republic (hereinafter – DLSPP) at the place of registration with an application in the prescribed form. Together with the application, copies are provided (with the presentation of the originals):

1) a document confirming the right to a benefit for payment of housing and communal services, i.e. IDP certificate;

2) identity documents of the beneficiary and members of his/her family who are entitled to benefits for payment of housing and communal services (passport, temporary identity card of a citizen of the Donetsk People’s Republic, address certificate, certificate of permanent residence on the territory of the Donetsk People’s Republic, residence permit);

3) the registration number of the taxpayer’s account card or a certificate of assignment of an taxpayer identification number (TIN) of the beneficiary and members of his/her family who are entitled to benefits for payment of housing and communal services; for individuals who, due to their religious beliefs, have refused to accept the registration number of the taxpayer’s account card or TIN – a certificate of the right to make payments according to the series and number of the passport or a copy of the passport page with the appropriate mark (for the applicant and all persons registered in the residential premises );

4) certificates of the family composition or of persons registered in a residential building (house) in the form approved by the Ministry of Labour and Social Policy of the Donetsk People’s Republic or an address certificate of a unit of the Migration Service of the Ministry of Internal Affairs of the Donetsk People’s Republic (the date of issue of the certificate is not earlier than 10 days before the date of the application);

5) birth certificates of a child under the age of 14, if necessary;

6) a certificate confirming full-time education in organizations engaged in educational activities for persons under the age of 23, if necessary.

It is important to note that if the beneficiary has the right to receive benefits on several grounds that are valid on the territory of the DPR, the benefit is granted on one of the grounds of the beneficiary’s choice.

The DLSPP accepts and considers the application and documents provided by the beneficiary, as well as makes a decision within five working days from the date of the application:

– on the issuance of a certificate confirming the beneficiary’s right to a benefit for payment of housing and communal services (hereinafter referred to as the Certificate) for presentation to service providers;

– on refusal to issue a Certificate if the beneficiary provides an incomplete package of documents.

After receiving the Certificate, the beneficiary must contact the service providers directly by providing the following package of documents:

1) an application;

2) a copy of the document confirming the right to benefits for payment of housing and communal services;

3) a copy of the identity document of the beneficiary (passport, temporary identity card of a citizen of the Donetsk People’s Republic, address certificate, certificate of permanent residence on the territory of the Donetsk People’s Republic, residence permit);

4) a copy of the Certificate.

Service providers provide benefits from the date specified in the Certificate.

It is important to emphasize that benefits for payment of housing and communal services are provided only within the limits established by the Decree of the Presidium of the Government of the DPR No. 2-1.

Also, it should be taken into account that when beneficiaries and persons who do not have the benefit for payments of housing and communal services live together in a residential building (house), the latter pay for housing and communal services in full.

Annually, from August 01 to December 31 inclusive, registered beneficiaries must confirm the right to a benefit in the DLSPP, where he/she is registered.

The beneficiary must:

1) in case of changing in the composition of the family, provide the DLSPP with a certificate of the family composition or with a certificate of persons registered in the residential premises (house) in the form approved by the Ministry of Labour of the DPR, within 10 (ten) calendar days from the date of occurrence of such circumstances;

2) in case of change of place of registration, apply to the DLSPP at the previous place of registration with an application for deregistration within 10 (ten) calendar days from the date of occurrence of such circumstances;

3) for providing benefits for payment of housing and communal services, provide a copy of the Certificate to service providers.