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Disabled child benefit: the case of AA
documents: 0  |  Updates: 1 In March 2009, NA, a Jerusalem resident, filed a claim with the National Insurance Institute (NII) to realize her entitlement for a disabled child benefit for AA, her mentally disabled daughter. The daughter is extremely dependent on her mother and requires help in performing daily activities, far beyond the norm for her age, but despite that, the NII officials dismissed the claim on the grounds that her condition did not meet "the criteria specified in the regulations".

In July 2009, HaMoked appealed against the decision on NA's behalf, arguing that the evaluation of the NII committee did not reflect the true condition of the child and the extent of her dependency on others. To this HaMoked attached, inter alia, a psychological assessment report by a diagnostic committee of the Ministry of Welfare and Social Services, which held that the child requires intensive assistance in most areas of life. The appellate committee rejected the appeal on the grounds that AA's limitations did not qualify her for a disabled child benefit.

In January 2012, HaMoked appealed against the appellate committee's decision to the Jerusalem Regional Labor Court. The appeal argued that the committee had made an error in deciding that the child had no need of constant supervision, and this because the committee had ignored the diagnoses of the professional centers which had examined the child's level of functioning and degree of dependence on others. In the hearing, the partied agreed that the child's case be returned to the appellate committee.

In June 2010, the committee accepted HaMoked's appeal, and ruled that the mother was entitled to a disabled child benefit of 50%. NA received monthly payments retroactively, as of the date of the claim.


Updates
18.7.2010
Following an appeal by HaMoked: Center for the Defence of the Individual: a resident of Jerusalem will receive a disabled child benefit for her daughter
mail@hamoked.org.il (02) 627 1698   (02) 627 6317

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