He quit and should be for study at the Academy of the Ministry of Internal Affairs. Can the state return a pension for the loss of the breadwinner, which then took?

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He quit and should be for study at the Academy of the Ministry of Internal Affairs. Can the state return a pension for the loss of the breadwinner, which then took? 24721_1
He quit and should be for study at the Academy of the Ministry of Internal Affairs. Can the state return a pension for the loss of the breadwinner, which then took? 24721_2

Only the reader Sergei addressed the editorial office. The reason is not the most joyful. Apparently, the guy will have to compensate for the state money spent on his studies at the Academy of the Ministry of Internal Affairs. But Sergey believes: the law may be humane and in this case could return a retirement in the loss of the breadwinner, which was taken after enrollment to students.

We tell how everything was. After the death of Father, Sergey received a pension due to the loss of the breadwinner. In July 2014, he became an adult, after that the payments stopped because he entered the Academy of the Ministry of Internal Affairs. There is a nuance here: if he was a student not a powerful or military university, then payout would continue (up to 23 years old, subject to education on day form of training).

What happened next. In October 2020, Sergey resigned from the internal affairs bodies. He was offered to compensate the costs of study at the Academy of the Ministry of Internal Affairs, this is almost 14.3 thousand rubles.

The question arose: maybe then the state will return the amount of pension that he did not receive because he studied at the Academy of the Ministry of Internal Affairs? But in the legislation for this reason was not found.

Sergey believes that it would be logical if the Academy of the Ministry of Internal Affairs made a recalculation of debt and reduced it on the sum of unpaid pension.

It is believed that during training at the Academy of the Ministry of Internal Affairs, a person is in state support, it is funded from the republican budget. From the same budget pay and pension for the loss of the breadwinner. And two payments after the age of majority in this case are not laid.

Sergey calls this approach not very fair, because his father worked and a certain amount of the expected taxes did not go to his retirement, no pension for the loss of the breadwinner. It turns out that all the money will remain in the republican budget.

- This question is not regulated by regulatory documents. I build your position on the basis of Article 47 of the Constitution: "Citizens of the Republic of Belarus guarantees the right to social security in old age, in case of illness, disability, disability, the loss of the breadwinner and in other cases provided for by law." And I believe that in this case my right remains unrealized, "explains Sergey. - For orphans who have lost both parents (the latter during training), exclude payment for education in accordance with the Code of Education. I can not understand why there are no such reservations about children who have lost one of the parents. Let not the whole amount, let them introduce the edress at least 30%, because the family becomes more difficult to live in economically.

At the Academy of the Ministry of Internal Affairs, the young man explained that they could not reduce the payment, since there is an instruction on the procedure for calculating and the conditions of reimbursement of funds spent by the Ministry of Internal Affairs to prepare employees.

In 2014, in seven months, the total payment of a pension for the loss of the breadwinner was almost 9.4 million rubles before the denomination (for the current money it is 937 rubles). The amount of payment is established taking into account the average monthly earnings of the breadwinner.

We give some calculations. Let's notify immediately: they are very exemplary, there is indexation and other nuances. If we assume that Sergey would pay a pension for the loss of the breadwinner until the end of the university, this amount could be about 4.8 thousand rubles.

In the Office of Social Protection of the Leninsky District of Minsk, in response to Sergey's letter, confirmed that in connection with the admission to the Academy of the Ministry of Internal Affairs, the pension was not supposed.

The other day the official response came from the Ministry of the Interior. "In accordance with part of the second paragraph 191 of the Regulations on the passage of service in the internal affairs bodies of the Republic of Belarus, approved by the Decree of March 15, 2012 No. 133, the collection of funds is not made in cases where persons required to reimburse the funds to the Republican Budget funds spent by the Ministry of Internal Affairs on their preparation Repeated on service in the internal affairs bodies. The possibility of exemption from compensation to the republican budget of funds spent on the preparation of students in the Education institutions of the Ministry of Internal Affairs, or the decrease in their amount in other cases is not envisaged, and therefore legislative grounds for recalculating the amount of funds spent on your preparation at the Academy of the Ministry of Internal Affairs, ", - reported in response.

Sergey was proposed to voluntarily return all the money for study until February 12. He did not do this, since he had no such amount, and the Academy of the Ministry of Internal Affairs in this case was supposed to go to court. Now the hero is waiting for everything to be resolved.

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