Court of Appeal Upholds Right of Kuwaiti Woman to Full Pension While Caring for Disabled Nephew

The Administrative Appeals Court upheld the first-instance court’s ruling that a Kuwaiti employee assigned to care for her disabled nephew is entitled to mandatory retirement and to receive a pension equal to 100% of her full salary, based on Article 42 of Law No. 8 of 2010 concerning the rights of persons with disabilities.

The judgment came in a lawsuit filed by lawyer Ali Al-Ali, who sought to annul the administrative authority’s decision to refuse to retire his client, despite the issuance of an official certificate by the Public Authority for Persons with Disabilities assigning her to care for her nephew, who suffers from a moderate permanent intellectual disability.

The court affirmed that the authority to determine the person legally assigned to care for persons with disabilities rests with the Public Authority for Persons with Disabilities, while the role of the Public Institution for Social Security is limited to verifying that the conditions for pension entitlement, length of service, and insurance contributions are met, without extending to reviewing the assignment decision issued by the Authority.

It considered the administrative authority’s refusal to retire the employee, despite her meeting the legal conditions, as an unlawful negative decision that must be annulled, along with its legal consequences, foremost among which is the entitlement to a pension equal to 100% of her full salary.

The judgment affirms the legal rights of those assigned to care for persons with disabilities and underscores the necessity for relevant authorities to adhere to their legally defined competencies, thereby ensuring that eligible individuals receive their prescribed pension benefits.