RA Ministry of Labor and Social Affairs will not get back the overpaid pension amounts
16:27, May 9, 2016 | News, Own news
Based on the objection filed by Artur Arakelyan with the support of HCA Vanadzor to the claim on seizure of amounts, lodged to the court against him by Vanadzor Regional Division of the State Social Security Service (SSSS) of the RA Ministry of Labor and Social Affairs, the Court dismissed the claim.
At the age of 1, 16-year-old Shushanik Arakelyan was recognized as a child with disabilities and was awarded а disability social pension.
After her mother died, her father A. Arakelyan, unable to care for the child, took the 7-year-old girl to the children’s home in Kharberd and in the meantime continued to receive his daughter pension.
By its claim lodged to the court, the Vanadzor Regional Division of SSSS of the RA MLSA invoked the RA Law on State Pensions and required that the court seized from A. Arakelyan 1,072,680 AMD as overpaid pension amounts. The complaint was substantiated by the fact that the child lived in a children’s home and her care was ensured by the state; in this case, A. Arakelyan was obliged by Law to inform the relevant authorities that his daughter lived in a children’s home, and then the payment of the disability social pension should have been terminated.
In the objection to the claim filed with the court with the support of HCA Vanadzor, the defendant party inter alia invoked Article 41 of the Law above (Termination and Resumption of the Right to Pension, Termination and Resumption of Pension Payments) and stated that this case contained no grounds for terminating the pension payment as stipulated by the Law and A. Arakelyan in fact was under no obligation to inform about it the Division granting the pension. Moreover, according to RA Government Decree № 665-N dated May 5, 2011, it was the administration of the children’s home who were under such an obligation in this case. Given this, A. Arakelyan could not have caused any damage to the state by his actions or inaction (omission).
Based on the arguments underlying the objections above and the fact that this case showed no abnormal behavior of the citizen, the General Jurisdiction Court of Lori Marz (Region) by its judgment of April 20, 2016 dismissed the claim of the Vanadzor Regional Division of SSSS of the RA MLSA against A. Arakelyan.
According to the information under the disposal of the Organization, various divisions of the State Social Security, RA MLSA, as well filed previously similar claims against citizens, some of which were dismissed by courts of law. The trial examination of some cases is still in progress, and HCA Vanadzor expresses its willingness to provide free legal aid to citizens in this terms.