On Compliance of Section 12 (1) of the Law “On State Social Allowances” and Annex 9 to the Cabinet Regulation of 23 December 2014 Nr. 805 “Regulations Regarding the Criteria, Time Periods and Procedures Determining Predictable Disability, Disability, and the Loss of Ability to Work “ with the First Sentence of Article 91 and Article 109 of the Satversme of the Republic of Latvia
Case short name: Transportation benefits for persons with disabilitiesThe Constitutional Court held:
1. To recognise Section 12 (1) of the law “On State Social Allowance” as being compatible with the first sentence of Article 91 and Article 109 of the Satversme.
2. To recognise Annex 9 to the Cabinet Regulation of 23 December 2014 Nr. 805 “Regulations Regarding the Criteria, Time Periods and Procedures Determining Predictable Disability, Disability, and the Loss of Ability to Work”, insofar it does not envisage the granting of the transport mobility to a disabled person with restricted mobility, who has mental health disorders, as being incompatible with the first sentence of Article 91 and Article 109 of the Satversme of the Republic of Latvia and void as of the date of its adoption.
The legal norm issued by the Cabinet that defines the criteria for providing an opinion required for receiving compensation for transport costs is incompatible with the Satversme
A case initiated with regard to norms that define a disabled person’s right to a specially fitted vehicle and an allowance for the compensation of transport expenses