By Panagiotis Stathis
The Council of State (Council of State) gave the green light for increasing the pension received by seniors (grandparents, etc.) or third parties who exercise custody or parental care of a minor.
“Beneficiaries of an old age or disability allowance due to a child are not only the natural or adoptive parents of a minor child who are directly liable by law for the joint exercise of parental care of the minor child and those primarily liable for his maintenance, but also the retired eldest child (grandfather, grandmother, etc.) or a third party who has been entrusted with the exercise of guardianship or parental care of the minor child based on a court decision if this person is proven to be actually burdened with the child’s maintenance expenses”, states the Supreme Court.
Referring to relevant legislative provisions, the CoE notes that “in view of the intended purpose of introducing the supplement due to a child to the old-age or disability pension of an IKA-ETAM pensioner (providing financial assistance to deal with the increased needs entailed by the maintenance, upbringing , the education and professional and general education of the child), it follows that the beneficiaries of the supplement are the pensioners of the IKA-ETAM natural or adoptive parents of a child who has not reached the age of 18, who are by law directly liable for the joint exercise of parental care of the minor child and those liable in the first instance for the maintenance of the minor child commensurate with the needs of the minor child resulting from the circumstances of his life, i.e. his specific living conditions, each contributing accordingly with his own strength, since the child himself cannot support himself from the income from the property his or his personal work or any other income”.
However, with his decision he states that “furthermore, the beneficiary of the increase is the pensioner of the IKA-ETAM next of kin (grandfather, grandmother, etc.) or a third party, who has been assigned based on a court decision… the exercise of guardianship or the whole of the parental care of the minor child, provided, however, that this person is demonstrably indeed burdened with the necessary expenses for the maintenance, upbringing, education and professional and general education of the child, expenses that are included in the content of the maintenance of the child, due to the non-existence of the parents directly liable for maintenance (due to death or declaration of non-compliance) or due to the fact that the liable parents are unable to provide maintenance, because their own maintenance is endangered, or due to the fact that for factual or legal reasons, the judicial pursuit of maintenance against them in the country is impossible or particularly difficult, or because the parents are abroad”.