Publication date: 16.05.2024
The Court of Appeals of the russian federation expressed its opinion on the amount of assistance for a child with a disability and allowance for the care of such a child.
On April 11, 2024, the Administrative Court of Cassation as part of the Supreme Court issued an important decision in case No. 500/429/23, which has a significant impact on social assistance for children with disabilities and the allowance for caring for them. The court ruled that the amount of social assistance for a child with a disability and allowances for care cannot be lower than the amount of the subsistence minimum established by law.
Circumstances of the Case
The plaintiff, the father of a child with a disability, applied to the social policy department of the city council with a request to transfer the amount of state social assistance for a child with a disability and an allowance for caring for it. He justified his appeal with the provisions of Part 2 of Article 46 of the Constitution of Ukraine, which guarantees that social benefits cannot be less than the subsistence minimum.
Having received a refusal to carry out the recalculation, the plaintiff appealed this decision in court. The District Administrative Court and the Appeals Administrative Court rejected the claim, taking into account the fact that the monthly supplement in the amount that is not enough for the subsistence minimum is established only if the amount of state social assistance together with the care allowance is less than subsistence minimum, established by law for persons who have lost their ability to work.
Conclusions of the Supreme Court
The cassation administrative court as part of the Supreme Court annulled the decision of the courts of previous instances and made a new decision, which satisfied the claim.The main arguments of the court were based on the following provisions:
Constitutional Guarantees: Part 3 of Article 46 of the Constitution of Ukraine states that pensions, other types of social benefits and assistance, which are the main source of livelihood, must ensure a standard of living not lower than the subsistence minimum established by law. The plaintiff and his child with a disability fall under the conditions defined by this constitutional norm, so their standard of living should not be lower than the subsistence minimum.
Direct Application of the Constitution: To resolve this dispute, the courts must apply the norms of the Constitution of Ukraine as norms of direct effect, which have the highest legal force, including over the laws of Ukraine and resolutions of the Cabinet of Ministers of Ukraine.
Separation of Payments: The Supreme Court has concluded that social assistance for a disabled child and Carer's Allowance cannot be considered together. These payments concern two people: the child and his guardian. Allowance for a disabled child is intended for the maintenance of the child and cannot be less than the subsistence minimum, and the care allowance is paid for the maintenance of a person who provides care and does not have other types of income.You may be interested in the following articles: lawyer consultation, lawyer consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers, documents, lawyer's assistance online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online
Consequences of the Decision
This decision of the Supreme Court creates a precedent that forces the social protection authorities to review the approaches to the calculation of social benefits for children with disabilities and allowances for their care. Establishing minimum social benefits at the level of the living wage is an important step in ensuring a decent standard of living for families raising children with disabilities.It also confirms that constitutional norms have direct effect and must be taken into account when making decisions about social assistance.
In the future, this resolution may serve as a basis for reviewing other cases where social benefits do not meet the subsistence minimum established by law. This will ensure the protection of citizens' rights to social security and increase the level of legal certainty in the field of social assistance.
