The Administrative Court of Appeals determined that the Public Institution for Social Security must disburse the full retirement benefits to the Kuwaiti man legally tasked with caring for his nephew who has a disability. The ruling came after the institution had declined to finalize the pension arrangements despite an official assignment from the competent authority. Attorney Falah Musleh Al-Baloud argued successfully that the assignment decision by the Public Authority for Disability Affairs met all legal standards and entitled his client to the stipulated benefits under applicable law.
The dispute began when the social security body refused to proceed with the pension on grounds that an uncle fell outside the categories eligible to serve as caregiver under its reading of the Law on the Rights of Persons with Disabilities and its amendments. The institution maintained that such an assignment raised a legal complication requiring referral to a specialized court to designate a qualifying relative. The court rejected that position and affirmed the validity of the existing assignment.
According to the judgment the Public Authority for Disability Affairs holds primary responsibility for designating caregivers while the social security institution’s function is confined to confirming service periods contributions and eligibility thresholds. The appeals panel found that the refusal amounted to an unlawful negative administrative decision that warranted reversal along with all associated financial consequences. This clarification aligns with precedents that prioritize the best interests of persons with disabilities and the rights of assigned family caregivers.
A review by the Public Authority for Disability Affairs shows that Article 42 of Law No. 8 of 2010 permits assigned caregivers of individuals with moderate or severe permanent disabilities to receive a pension equal to 100 percent of the full salary without a minimum retirement age once service requirements are satisfied. For male caregivers the threshold stands at 20 years of service while female caregivers qualify after 15 years. The authority’s data further indicate that such provisions support families managing long-term care responsibilities across Kuwait.
The ruling entitles the caregiver to monthly payments of 3,285 dinars together with a lump-sum settlement of 20,000 dinars covering past dues. Legal specialists following similar cases noted that the decision reinforces the binding nature of assignment certificates issued by the disability affairs authority. Courts have issued comparable findings in recent years to resolve interpretive differences between administrative bodies and affected families.
Implementation of the judgment will require the Public Institution for Social Security to update its records and release the accumulated funds without further delay. The Public Authority for Disability Affairs has documented a steady increase in caregiver assignment requests as awareness of available benefits grows among Kuwaiti households. Officials at the authority have previously stated that these legal accommodations aim to ease the financial burden on families providing continuous support to relatives with disabilities.
