The Constitutional Court has initiated a case on the right of person to receive social security benefit when being kept in a closed prison
On 12 December 2011, the First Panel of the Constitutional Court initiated a case “On Compliance of Section 20 (1) Indent 1 of the Law on State Social Benefits with Article 91[1] and Article 109[2] of the Satversme of the Republic of Latvia”.
Contested Norm
Section 20 (1) indent 1 of the Law on State Social Benefits provides that disbursement of the State social allowances disbursed at regular intervals shall be discontinued temporarily while the recipient of the allowance or a child for whom an allowance is disbursed is fully State supported.
Facts
Based on the Law “On State Pensions”, the applicant Mr. Andrejs Klišins is entitled to disability pension; however, taking into account the fact that the period of social insurance of Mr. A. Klišins does not exceed three years, he was granted a state social security benefit based on the Law on State Social Benefits. Pursuant to the Contested Norm, disbursement of the benefit was discontinued due to the fact that he serves his sentence in an open prison and it can be considered that he is fully State supported.
The applicant indicates that normative acts do not define the term “full State support”; moreover, the regime of an open prison permits a person leaving the place of imprisonment for the period from two to five days. According to the applicant, during the leave, the person does not enjoy full State support. Moreover, persons having the right to receive disability pension would lose the right after becoming subject to full State support.
The applicant considers that the procedure established in the Contested Norm contradicts the principle of equality included in Article 91 of the Satversme, and infringes his right to social security.
Legal proceedings
The Saeima was asked to provide, before 17 February 2012, a reply on the facts of the case and legal justification thereof.
The term of preparation of the case is 12 May 2010.
[1] Article 91 of the Satversme: „All human beings in Latvia shall be equal before the law and the courts. Human rights shall be realised without discrimination of any kind.”
[2] Article 109 of the Satversme: „Everyone has the right to social security in old age, for work disability, for unemployment and in other cases as provided by law.”
Linked case: 2011-20-01