Court of Appeal Approves Full Pension for Citizen Raising Disabled Nephew

- 3,285 Kuwaiti dinars per month and retroactive settlement of outstanding dues amounting to 20,000 dinars

The Court of Appeal ordered the Public Institution for Social Security to pay a full 100% pension to a Kuwaiti national tasked with caring for his nephew with a disability, at a rate of 3,285 Kuwaiti dinars per month, along with a retroactive settlement of his outstanding financial dues totaling 20,000 dinars, following the defense by lawyer Falah Maslahh Al-Baloud.

The case details stem from the institution’s refusal to complete the pension disbursement procedures for the citizen, citing Article 42 of Law No. 8 of 2010 concerning the rights of persons with disabilities. The institution argued that an uncle does not fall within the categories authorized to care for a person with a disability, based on its interpretation of the law and its amendments.

The institution further contended that the General Authority for Persons with Disabilities’ decision to appoint the citizen as caregiver for his nephew violated Article 25 of Law No. 73 of 2020, which amended certain provisions of the Law on the Rights of Persons with Disabilities. It emphasized that recourse should be made to the competent court to appoint a relative who meets the legal conditions for caregiving.

In response, lawyer Falah Maslahh Al-Baloud affirmed the validity of the General Authority for Persons with Disabilities’ decision to appoint his client as caregiver for his nephew and insisted on his client’s right to receive the full statutory pension allocated to caregivers of persons with disabilities.

The Court of Appeal concluded by upholding the citizen’s right to receive his full pension at 100%, amounting to 3,285 Kuwaiti dinars per month, along with a retroactive settlement of his accumulated dues totaling 20,000 dinars.