The right of an EU civil servant to receive the double dependent child allowance for his severely disabled child

Nyelvek :  bg.es.cs.da.de.et.el.en.fr.ga.it.lv.lt.hu.mt.nl.pl.pt.ro.sk.sl.fi.sv
  • Ügy :  0899/2011/TN
    Vizsgálat megindítása 2011.05.30. - Határozat 2011.12.13.
  • Érintett intézmény(ek) :  <p>Európai Bizottsága</p>
  • Jogterület(ek) :  Általános, pénzügyi és intézményi ügyek
  • Az állítólagos hivatali visszásság típusa – i. a következők megsértése, illetve ii. a következőkkel kapcsolatos kötelességszegés :  Tisztességes eljárás [HHMEK 11. cikke]
  • Panasz tárgya(i) :  Igazgatás és személyzeti szabályzat
Child
Szerző:
Szerzői jog: Stocklib © Marzanna Syncerz

Summary of decision on complaint 899/2011/TN (confidential) against the European Commission

The complaint concerns the right of the complainant to receive a double dependent child allowance for his severely disabled child.

The Staff Regulations for EU civil servants provide that the dependent child allowance awarded to civil servants may be doubled if it is established that the child is suffering from a handicap which has caused the civil servant to incur heavy expenditure. The complainant's child has a severe congenital handicap. The Commission decided to grant the complainant the double allowance as from the date on which he applied for the double dependent child allowance, that is, almost two years after he took up his duties. The complainant argued that, when he started working for the EU administration, he provided a medical certificate confirming that his child has been 100% disabled since birth. However, due to a misunderstanding within the administration, a considerable amount of time elapsed before he was informed of the possibility to apply for the double allowance. The complainant considered that the Commission was wrong to deny him the double allowance as from the date on which he took up his duties.

In his letter to the Commission opening the inquiry, the Ombudsman noted that while the double allowance may only be granted upon application, he was not convinced that the Staff Regulations established that the right to family allowances must take effect as of the date on which an application is made. The Ombudsman also noted that the implementing rules for double dependant child allowance had been modified in December 2007, so that if the handicap is greater than or equal to 50%, the double allowance will be granted automatically, without the civil servant having to prove any heavy expenditure. The Ombudsman was not convinced that it was a fair or consistent practice to base the right to a double allowance on the date of application in cases where it is possible to establish a precise date, such as the date of birth, from which the child suffers from a handicap greater than or equal to 50%.

In its opinion to the Ombudsman, the Commission concluded that, in view of the modification of the rules in December 2007, it should have paid the complainant the double dependant child allowance retroactively, that is, from the date on which the complainant commenced working as an EU official. The Commission assured the Ombudsman that it would take the necessary steps to pay these allowances as of December 2007, and to re-examine the complainant's file for the period prior to December 2007.

The complainant thanked the Ombudsman for his efforts, which he believes produced a very satisfactory result. The Ombudsman closed the case as settled by the Commission.