(У)скраћивање права на помоћ и негу другог лица - ограничена ретроактивност решења
Denial of the Right to Assistance and Care of Another Person - Limited Retroactivity of the Decision

Author(s): Vuk Cucić
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Right to assistance and care of another person; Declarative administrative acts; Retro-activity;
Summary/Abstract: Those who, due to the nature and severity of their injury or illness, such as physical or sensory impairment, intellectual difficulties or changes in health, require the assistance and care of another person to meet their basic needs, are entitled to assistance and care of another person. This right is recognized in the Republic of Serbia as one of the rights derived from the pension and disability insurance (for insured persons and pension beneficiaries) or, in the event that a person cannot realize the said right on that legal basis, as a form of social protection. The regulations governing this right do not recognize it from the moment when the conditions for its realization have been met. Namely, the Law on Pension and Disability Insurance recognizes the right to financial compensation for the assistance and care of another person from the date of submission of the request for its recognition or, at the earliest, six months before that day. The Law on Social Protection is even stricter, and the right to an allowance for the assistance and care of another person and the right to an increased allowance for the assistance and care of another person are recognized from the date of submission of the application if the conditions for recognition of the right were met at the time of application submission. The author examines the possibility of eliminating the problem that arose by limiting the retroactivity of decisions recognizing these rights. De lege ferenda solutions are considered both at the level of special laws regulating these rights and at the level of the rules of general administrative procedure, through the appropriate amendment of the Law on General Administrative Procedure.

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