As regards social insurance benefits, the starting point is that the person who wishes to receive the benefit must apply for it. However, as a general rule, this does not apply for child allowance but, rather, the allowance is paid out without an application. The Swedish Social Insurance Agency decided that child allowance would be paid out to a parent for two children. The parent requested that the decision be reconsidered and stated that she did not want to receive any child allowance. The reason for the request was that her husband, who is not covered by Swedish social insurance, received compensation for the children as part of his wages. That compensation was higher than the child allowances, but was paid only on condition that she did not receive any allowance from Swedish authorities. The Swedish Social Insurance Agency did not alter its decision and justified it on the basis that child allowance is a benefit that the entitled person cannot renounce. The Administrative Court in Stockholm rejected the appeal, while the Administrative Court of Appeal in Stockholm granted the appeal and overturned the decision of the Swedish Social Insurance Agency. The Supreme Administrative Court found that the mere lack of a requirement of an application does not deprive the person entitled to child allowance to refrain from disbursement of the allowance. The Supreme Administrative Court further stated that a request that child allowance not be disbursed does not affect the statutory right to child allowance. That right remains even if one parent refrains from the right to receive disbursement of the allowance. This also means that someone else’s right to child allowance is not affected. In summary, the Supreme Administrative Court found that the Swedish Social Insurance Agency had no support for not complying with the parent’s request that child allowance not be disbursed.
Read the judgment here: