04/11/2026
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04/11/2026
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Kuwait Court
KUWAIT CITY, Nov 4: The Court of Appeals upheld the ruling of a lower court, which affirmed the right of a Kuwaiti female employee to retire and receive a pension equivalent to 100 percent of her salary, reports Al-Seyassah daily.
Case files indicate that the defendant was legally appointed as the primary caregiver for her nephew who has permanent moderate intellectual disability as per Article 42 of Law No. 8/2010 on the rights of persons with disabilities. Attorney Ali Al-Ali filed the case, demanding the cancellation of the decision of the administrative authority to reject the retirement of his client despite the submission of an official certificate issued by the Public Authority for Disabled Affairs (PADA) designating her as the caregiver for her relative.
The higher court clarified that PADA has the sole authority to designate an individual as the legal caregiver for a person with a disability. It added that the role of the Public Institution for Social Security (PIFSS) is limited to verifying the pension eligibility requirements, such as length of service and social security contributions, not to review or challenge the caregiver designation certificate issued by PADA.
It asserted that the administrative authority’s refusal to process the retirement even if the employee met all the legal requirements is an unlawful and negative decision. Consequently, the higher court ordered suspension of the decision and its legal consequences, confirming the employee’s entitlement to pension equal to 100 percent of her salary. This ruling affirms the importance of adhering to the statutory mandates assigned to the relevant government bodies, ensuring that those caring for persons with disabilities can access the rights and benefits granted to them as per the law.
