The issue of documenting the need for constant care has become more relevant in the war.
The relevant need can be confirmed by one of the following documents:
Please note that medical and social expert commissions, in accordance with Resolution No. 1317 of December 3, 2009 «Issues of Medical and Social Expertise», determined the need for constant third-party care exclusively for persons with group 1 disabilities. At the same time, in some conclusions adopted before the relevant legal requirement came into force, medical and social expert commissions confirmed the need for outside care also for persons with group 2 disabilities.
The legislation specifies which of the listed documents is a supporting document for resolving which issue. For example, according to the content of the thirteenth paragraph of part twelve of Article 26, paragraph 3, as amended by the Law of Ukraine «On Military Duty and Military Service», the need for constant care is confirmed by the conclusion of a medical and social expert commission or a medical advisory commission of a health care institution, or by the decision of an expert team assessing the person's daily functioning.
In turn, taking into account the provisions of paragraphs 1 and 2 of the Procedure for Providing Monthly Financial Assistance to a Person Living with a Person with a Disability of Group I or II as a Result of a Mental Disorder Who, According to the Conclusion of the Medical Commission of a Health Care Institution, Needs Permanent Outside Care, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1192 of August 2, 2000, the need for permanent outside care is confirmed by OR the conclusion of the medical commission of the health care institution regarding the need for permanent outside care with.
In addition, the relevant rules and provisions are also found in the Laws of Ukraine «On State Social Assistance to Persons with Disabilities from Childhood and Children with Disabilities», «On State Social Assistance to Persons Not entitled to Pensions and Persons with Disabilities» and «On Mobilization Training and Mobilization», as well as in the Resolutions of the Cabinet of Ministers of Ukraine of September 23, 2020 No. 859 «Some Issues of Appointment and Payment of Compensation to Individuals Providing Social Care Services on a Non-Professional Basis» and No. 1040 «Some Issues of Appointment and Payment of Compensation to Individuals Providing Social Care Services without Carrying Out Business Activities on a Professional Basis» of October 06, 2021.
Finally, we emphasize that the Ministry of Health of Ukraine has prepared a draft departmental order «On Amendments to the Order of the Ministry of Health of Ukraine No. 407 of March 09, 2021» (https://moz.gov.ua/uk/povidomlennya-pro-oprilyudnennya-nakazu-pro-vnesennya-zmin-do-nakazu-ministerstva-ohoroni-zdorov-ya-ukrayini-vid-09-bereznya-2021-roku-407), which plans to introduce a single form «Conclusion on the presence of impaired body functions, due to which a person cannot move independently and/or self-care and needs constant third-party care» instead of the above-mentioned primary accounting documentation forms No. 080-4/о and No. 080-2/о.
