Court: Termination of support payments to children in care is unlawful

A court has ruled that terminating support for children under guardianship is unlawful. It condemned the Social Insurance Board's (SKA) actions as exceeding their authority and unjustly targeting the most vulnerable.
The first-tier Tallinn Administrative Court made the ruling Friday.
The court found that SKA exceeds its authority when it reassesses the circumstances of a guardianship court ruling.
It stressed that when assigning guardianship, a county court already determines whether the parents have fulfilled their duty to care for the child.
Under the law, the conditions for receiving support are met if the child's parents fail to fulfill their obligations. A named individual must also have been appointed as the child's guardian by court order.
Furthermore, the ruling stated that SKA has misinterpreted the Family Benefits Act.
In cases where parental custody has been revoked and guardianship has been assigned by court order, the court stated that "the termination of support payments is unlawful."
The administrative court also condemned SKA's broader approach. It argued that: "Making budget cuts at the expense of the most vulnerable is unjust and, in this case, contradicts existing law."
Additionally, the court ruled that SKA had violated administrative best practices by failing to conduct proper administrative proceedings.
The court stressed: "An individual must be treated as a subject in the process, not as an object."
As a result, the court annulled SKA's decision to terminate support payments to a grandparent. The grandparent had been appointed as the legal guardian of a minor by court order.
The decision comes in response to a growing number of complaints over the past six months. The court confirmed that it has received increasing objections to SKA's decisions on guardianship-related support payments.
In addition, Chancellor of Justice Ülle Madise has also received inquiries on this issue. This indicates broader legal concern.
While the decision has not yet entered into force, the ruling sets an important legal precedent.
Complaints in the field of social law can be filed with the administrative court without a state fee.
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Editor: Merili Nael, Andrew Whyte