In this article the temporary disability benefit procedure of payments is stated.
The letter of the Ministry of Labour and social policy of Ukraine from 29.06.08 of No. 2 7675/0/14-08/020
Due to a large number of addresses from working bodies of Social insurance fund on temporary disability (further – Fund) and strakhovayotel concerning application of standards of articles 24, 25 of the Law of Ukraine About the Government budget of Ukraine for 2008 and about modification of some zakonoyodatelny acts of Ukraine (further – the Law No. 107) after May 22, 2008 – dates of acceptance by the Constitutional Court of Ukraine of the Decision on recognition their nekonstitutsiyoonny, Ministry of Labor conveys recommendations about this question for application in work and informings of working bodies of Fund and insurers.
According to the Decision of the Constitutional Court of Ukraine from 22.05.08 of No. 10-rp/2008 of norm of points 24, 25 razdela the II Law No. 107 (except point 25 subparagraph 8) by which changes are made to Bases of a zakonodatelyyostvo of Ukraine about obligatory state social insurance, and the Law of Ukraine About obshcheyoobyazatelny state social strakhovayoniya in connection with temporary disability and the expenses connected with burial (further – Zayokon No. 2240) became invalid from the date of acceptance a resheyoniya about their recognition by the unconstitutional. That is for the insured events which have come after May 22, 2008, it is necessary to apply the procedure of payments of insurance payments operating before coming into effect of the Law No. 107.
For the insured events which have come from January 1 to May 22, 2008, it is necessary to apply sleyoduyushchy calculation of the help for a temporary netrudospoyosobnost and the help for pregnancy and childbirth.
According to article 53 of the Law of Ukraine About obshcheobyazatelyyony state social insurance in connection with temporary disability and the expenses caused by burial (further – the Law No. 2240) taking into account the changes brought by the Law of Ukraine About the Government budget of Ukraine for 2008 and about modification of some acts of Ukraine from 28.12.07 of No. 107, at calculation of an average salary (income) for providing with temporary disability benefit, on a bereyomennost and childbirth all types of a salary (income) within the limiting sum of a monthly salary (income) for fulfilled time on which insurance contributions for obshcheobyayozatelny state social insurance in connection with temporary disability and rasxodami, caused by burial are assessed are considered.
The list of expenses on unfinished time which don’t join in calculation of insurance payments, is specified in subparagraph 2.2.12 of the Instruction on statistics of the zarabotyony payment approved by the order of the State committee of statistics of Ukraine from 13.01.04 of No. 5© (further – the Instruction). Payments in time during which the worker didn’t work shouldn’t join in calculation also, but behind it the average earnings estimated according to the resolution of the Office Miyonistrov Ukrainy from 08.02.95 of No. 100 (payment of all types of holidays) remained.
According to paragraph 3 points 4 of the Order of calculation of a sredyony salary (income) for calculation of payments for obligatory state social insurance (further – the Order), the Cabinet council of Ukraine approved as a postayonovleniye from 26.09.01 of No. 1266, with changes, months settlement perioda (with first on the first) in which the zayostrakhovanny person didn’t work for good reasons (temporary disability, a maternity leave, a child care leave before achievement of three-year age by it and six-year age on medical certificate), are excluded from the settlement period. In case the zastrakhoyovanny person a part of month in the settlement period didn’t work for the specified good reasons, for calculation of an average salary the pooshchriyotelny and compensatory payments having razoyovy character, and payments which aren’t provided by acts of the legislation or which are made over the norms established by specified acts, in such month are considered in proportion to otrabotanyony time (paragraph 2 points 9 of the Order).
If the insured person in the settlement period was all month in holiday (annual, dopolyonitelny, in connection with training, without preservation of a zayorabotny payment, etc.), this month isn’t excluded from the settlement period, and at calculation of an average salary for charge of insurance payments calculation joins the preyomiya added in this month within the limiting sum of a monthly salary. Other incentive and kompensatsionyony payments having single character (Instruction point 2.3), join in calculation of insurance payment in proportion to fulfilled time.
If in the settlement period the insured person a part of month was in holiday, and a part of month was ill – payments of single character in such month also don’t join, as there are no working days.
If the insured person a part of month was in holiday, and a part of month worked, payments of razoyovy character join in calculation in proportion to fulfilled time.
If in the settlement period the insured person a part of month was on holiday, a part of month – was ill, and a part – worked, payments of single character should join in such month for the fulfilled working days.
In case of other calculation sick-lists, vyyodanny from 01.01.08 to 22.05.08, are subject to recalculation.
Concerning granting to the insured liyoets of the help at the birth of the child and on the care of the child before achievement of three years by it the specified types of the help are appointed according to Ukraiyona’s Law About the state help to families with children, taking into account the changes brought by point 23 of the section II of the Law No. 107, and point 12 of the resolution of Cabinet council of Ukraine from 28.05.08 of No. 530 – bodies of work and social protection of the population and vyplachivayutsya at the expense of subventions from the government budget to local budgets.
Deputy minister V. Ivankevich.