The Ministry of Health of Ukraine reminds the public that under martial law, the procedure for establishing and extending disability status has been significantly simplified for both adults and children.
A medical and social assessment is carried out for children whose parents apply to have a disability established on a doctor’s referral to the medical advisory commission (LKK), after diagnostic, treatment and rehabilitation measures have been completed and if there is evidence confirming a persistent impairment of body functions caused by diseases, consequences of injuries or congenital defects that limit daily activities.
The indications have also been defined that entitle children with disabilities under the age of 18 to state social assistance for 2 years, for 5 years, or until they turn 18.
After turning 18, a young person with a disability is referred by the medical advisory commission for a medical and social assessment by the medical and social expert commission of the relevant specialty.
Importantly, for the period of martial law, Order of the Ministry of Health of Ukraine No. 496 “On certain issues of providing primary health care under martial law” instructs primary care providers to provide primary care, as well as care for patients in emergency conditions, to displaced persons. Primary care providers approached by an internally displaced person, including a child’s parents, may not insist that they sign a declaration with a family doctor there.
Accordingly, there are no grounds to require a declaration between an internally displaced patient and the doctor who refers the child to the medical advisory commission.
To simplify the medical and social assessment, the Government of Ukraine adopted Cabinet of Ministers Resolution No. 225, which provides for establishing disability in absentia for people who apply during martial law, regardless of their place of registration, residence or stay.
Thus, if a child with a disability who has turned 18 cannot attend an examination by the medical and social expert commission, the commission may decide to establish disability in absentia based on the referral from the medical advisory commission.
The medical and social assessment on referral from the medical advisory commission is carried out regardless of the place of registration, residence or stay of the person applying for disability status.
In addition, under martial law, people with disabilities do not need to undergo a re-examination to confirm their disability in order to receive social payments, because under Cabinet of Ministers Resolution No. 390, disability status and the individual rehabilitation program (IRP) have been extended for the period of martial law.
A re-examination that falls due during martial law in Ukraine is postponed to no later than six months after martial law ends or is lifted.
Children and adults with disabilities can receive the following under their individual rehabilitation program without a re-examination by the medical advisory commission (LKK) or the medical and social expert commission (MSEK):
- social payments;
- rehabilitation services and assistive products (crutches, walkers, wheelchairs);
- incontinence products, such as diapers, catheters, etc.;
- educational services;
- relevant benefits.
Children with disabilities can undergo a medical examination for a repeat medical and social assessment within six months after martial law ends or is lifted. This makes it possible to ensure social protection and rehabilitation for children with disabilities while martial law is in effect in Ukraine.