If a soldier is missing in action: benefits for missing-in-action personnel and how to claim them

A situation where a servicemember goes missing is not only emotionally devastating for the family, but also legally complicated. In addition to search efforts and interaction with the TCC (Territorial Center for Recruitment and Social Support), the military unit, and investigative authorities, a practical question arises: does the monetary allowance remain payable, and who is entitled to receive it? Current Ukrainian legislation provides for such payments, but the procedure for receiving them now directly depends on whether the servicemember left a personal instruction in case of captivity or missing status, and on which relatives apply for the funds.

What payments are provided if a servicemember is missing?

Yes, if a servicemember is missing, their monetary allowance continues to be paid. The law directly states that for servicemembers who are missing, monetary allowance is preserved, and the payment procedure is determined by the Cabinet of Ministers of Ukraine. Such allowance includes the position salary, the military rank salary, monthly additional types of monetary allowance, and one-time additional types of monetary allowance. It is also subject to indexation.

However, it is important to understand the key point: today the payment procedure depends on two things. First, whether the servicemember made a personal instruction in case of captivity or being missing. Second, who among close persons applies for the funds. If such an instruction exists, the money is paid to the person or persons specified by the servicemember, in the shares they indicated. If there is no instruction, the statutory order of priority and percentage limitations apply.

Who is entitled to payments for a missing servicemember

If there is no personal instruction, the law defines the list of persons who may receive part of the monetary allowance: in the total amount up to 50% for the first priority group or up to 20% for the second priority group, after legally required deductions. That is why in each specific case you should first verify whether a personal instruction exists in the servicemember’s personal file.

If the servicemember left a personal instruction

A servicemember has the right, in a written free-form document, to make a personal instruction in case of captivity, internment, or missing status, and to determine who exactly should receive their monetary allowance and in what percentage shares. If such an instruction specifies a 100% distribution, payment is made according to that document. If less than 100% is allocated, the undistributed part does not automatically transfer to the family; it remains reserved for the servicemember.

Who receives funds if there is no personal instruction

In the absence of a personal instruction, the law and the government procedure provide a different model. A portion of the monetary allowance is paid to certain relatives in the statutory order of priority and within a defined percentage of the amount after mandatory deductions. The remaining part is reserved for the servicemember.

First priority group

If there is no instruction, the right to receive, in total, 50% of the monetary allowance belongs to: the wife or husband; legal representatives of minor children; children with a disability since childhood regardless of age or their legal representatives; and the servicemember’s parents. At the same time, the law excludes from this group persons who receive alimony from the servicemember, as well as parents deprived of parental rights if those rights have not been restored. Within this 50%, payment is distributed among these persons in equal shares.

Second priority group

If there is neither a personal instruction nor persons of the first priority group, the right to payment arises for adult children and full siblings for whom the servicemember is the legal representative. For them, the law provides not the full amount, but a total of 20% of the monetary allowance after the established deductions, also in equal shares.

How much is paid for a missing servicemember

The amount of payments is not one fixed sum for everyone. The law defines the components of the monetary allowance, and the government procedure clarifies that for a missing servicemember the preserved payments include: the position salary at the last place of service, the military rank salary, monthly additional types of monetary allowance, a bonus, and one-time additional types of monetary allowance. Changes in length of service and current allowance rules are also taken into account, and the amount is subject to indexation. In practice, the actual amount depends on the position, rank, length of service, allowances, bonuses, and deductions applicable to the specific servicemember.

One hundred percent of the amount may be received by the person or persons expressly specified by the servicemember in the personal instruction, if the servicemember distributed the entire amount among them in percentages. The law allows the servicemember to determine the shares in percentages, and the government procedure directly provides that if the distribution is not 100%, the undistributed share remains reserved for the servicemember.

If there is no personal instruction, the first priority group receives only 50% of the total amount after deductions. If there is also no first priority group, the second priority group may claim a total of 20%. Accordingly, the rest of the amount is not lost, but it is not automatically paid to the family: it remains reserved for the servicemember in treasury deposit accounts. If the servicemember is released from captivity, the due but unpaid allowance is paid to the servicemember; in case of death, the sums are included in the estate, and the family may need to obtain a death certificate.

What changed in payments starting February 1, 2025

The key change is that starting February 1, 2025, a new approach to distributing monetary allowance in cases of captivity or missing status took effect. The law established the servicemember’s right to make a separate personal instruction specifically for such a case, and later the government updated the subordinate procedure by Resolution No. 449 of April 15, 2025, explicitly extending its application from February 1, 2025.

In practice, this means three things. First, the personal instruction became the central document: it allows the servicemember to decide who will receive the funds and in what amount. Second, if there is no such document, the logic of automatically paying the entire amount to one family member no longer applies; instead, the law establishes a model of 50% for the first priority group or 20% for the second. Third, the remaining funds are now explicitly reserved for the servicemember, rather than being deemed amounts that must necessarily be immediately paid to the family. That is why for many families the procedure has effectively become more complex and more formalized.

How to receive payments for a missing servicemember

To receive payments, you should apply not to a court and not to the TCC as the first addressee, but to the commander, head, or director of the military unit, institution, or organization where the servicemember was on monetary allowance. The application for payment of monetary allowance is submitted to that official. The procedure directly provides that the payment is made based on an application by the designated person.

The application can be submitted in person in paper form, sent by mail, or, if technically possible, in electronic form to an email address or through information and communication systems. After receiving the application and documents, the commander reviews them and makes a decision to pay the due share or to refuse. The applicant must be notified in writing of the result within 15 calendar days from the date of filing the application, and in case of refusal, the reason must be stated.

What documents are required to arrange the payments

The basic package of documents consists of a copy of the applicant’s passport, a copy of the document confirming the taxpayer identification number (or the relevant information in the passport), and bank account details in IBAN format. This is the minimum without which payment will not be made.

Next, you attach documents that confirm the specific person’s right to receive the payment. For a wife or husband, this is a marriage certificate or an extract from the civil status acts register. For children, a birth certificate. For legal representatives of children, documents on guardianship, custody, or adoption. For children with a disability since childhood, a document confirming disability status. For parents, the servicemember’s birth certificate. If the parents were once deprived of parental rights and later those rights were restored, a relevant court decision is attached. If a person who had the right to receive a share has died, a copy of the death certificate may also be required to recalculate shares.

If some documents are missing, this does not always mean a dead end. The procedure allows the commander to obtain certain information from state registers. However, submitting an incomplete package is a formal ground for refusal, so in practice it is better to gather the most complete set possible at once. If a refusal has already been issued due to incomplete documents, the law does not deprive you of the right to file the application again after correcting the deficiencies.

What is a servicemember’s personal instruction and why it matters

A personal instruction in case of captivity or missing status is a written free-form document in which the servicemember designates one or more persons who will receive their monetary allowance and specifies each person’s share in percentages. Such a document may be certified by the commander of the military unit or by a notary; in 2025, the state separately regulated the possibility of certifying a number of such documents without contacting a notary.

The instruction specifies the servicemember’s details, the place and time of execution, and information about the persons to whom payments should be made. To facilitate locating such persons, the government recommends indicating their full name, date of birth, address, taxpayer number, phone number, and email address. If the instruction does not distribute the entire amount, the undistributed share is not automatically divided among others; it remains reserved for the servicemember. That is why the presence of such a document often determines whether the family will receive 100% of the amount or only a part under the general rule.

What to do if payments are refused or a dispute arises

Typical grounds for refusal are directly specified in the procedure. These include: filing the application by a person who does not belong to the list of recipients defined by law or by the instruction; an incomplete set of documents; and establishment of circumstances of voluntary surrender into captivity, unauthorized leaving of the unit, or desertion. Separately, the procedure provides restrictions for persons who have citizenship of the Russian Federation or the Republic of Belarus, permanently reside there, or are convicted of treason, collaboration activity, or aiding the aggressor state.

If the military unit does not assign the payments, you should first obtain a written refusal or at least a written confirmation of how the application was reviewed. Next, you should check whether the list of recipients is correctly determined, whether the document package is complete, and whether there is a personal instruction that was not taken into account. If the issue is with documents, it is advisable to correct the deficiencies and submit the application again. If the dispute concerns entitlement, priority, shares, or an unjustified refusal, the decision may be challenged in court. Some families later face related social protection issues, including a survivor’s pension.

Legal assistance is especially important when there is a conflict between several relatives, when the military unit refers to the applicant’s lack of entitlement, when it is necessary to prove the family relationship, establish restoration of parental rights, request information about the personal instruction, or prepare a claim to an administrative court regarding an unlawful refusal. In such situations, the services of a military law attorney may be needed.

Typical mistakes families make when arranging payments

The most common mistake is contacting the wrong addressee. The application must be submitted to the commander or head of the military unit or institution that provides the monetary allowance, not simply to the TCC, a social protection body, or any other institution.

The second mistake is an incomplete package of documents. Even when the family relationship seems obvious, the lack of formal confirmation often becomes the basis for refusal. The third is confusion about recipient priority groups: relatives often believe that all close persons automatically have the right to equal shares, although the law does not provide for that. The fourth is ignoring the personal instruction. If it exists, it takes precedence over the general priority model.

Frequently asked questions

What payments does the family receive if a servicemember is missing?

The family may receive the servicemember’s monetary allowance, which includes the position salary, the rank salary, monthly additional payments, bonuses, and one-time additional types of monetary allowance. The exact scope depends on whether there is a personal instruction: either up to 100% according to the servicemember’s will, or 50% or 20% under the statutory rules.

Who is entitled to payments for a missing servicemember?

First and foremost, the persons designated by the servicemember in the personal instruction. If there is no such document, the first priority group has the right: the wife or husband; minor children through legal representatives; children with a disability since childhood; parents. If they are absent, certain persons of the second priority group may become entitled.

What is a servicemember’s personal instruction?

This is a written instruction in case of captivity, internment, or missing status, in which the servicemember determines to whom and in what shares their monetary allowance should be paid. It is made in free form and may be certified by the commander or a notary.

What to do if the military unit does not assign payments?

You should request a written decision stating the reasons, verify the completeness of the documents, find out whether a personal instruction exists, and, if necessary, submit the application again after correcting deficiencies. If the refusal is unjustified, it can be challenged in court.

Can a refusal to pay be appealed?

Yes. The procedure directly provides that a decision to refuse payment of monetary allowance may be appealed in court.

When should you contact a lawyer in a case about payments for a missing servicemember?

When there is a dispute between relatives, problems confirming entitlement, an unaccounted-for personal instruction, prolonged inaction by the military unit, or when it is already necessary to prepare procedural documents for court appeal. In such cases, a mistake at the very first stage often delays payments for months.

Conclusion

If a servicemember is missing, the right to their monetary allowance does not disappear, but the payment mechanism is now clearly tied to the personal instruction and to the circle of persons defined by law. Therefore, it is important for the family not merely to apply for payments, but to do so legally correctly: determine whether a personal instruction exists, identify your priority group, submit the application to the proper addressee, and collect a complete package of documents. If the military unit refuses or a dispute arises about shares or entitlement, this becomes an issue that should be addressed substantively—based on documents and with the help of a lawyer.