In March 2009, an East Jerusalem resident filed a claim with the National Insurance Institute (NII), to realize her eligibility for a disabled child benefit for her 14-year-old, mentally disabled daughter. The NII rejected the claim, arguing the child's condition did not meet "the criteria specified in the regulations".
The mother contacted HaMoked, which then appealed on her behalf against the NII decision, stating that the decision to reject the claim did not reflect properly the child's condition and her degree of dependency on help from others. HaMoked attached to the objection a psychological assessment report by a Welfare Ministry diagnostic committee, which found that the child needs extensive support in most areas. Also attached was a pedagogical report of the special education school she attends, as well as a summary of the relevant medical records. The appellate committee rejected the appeal, claiming that the child's disability did not qualify her for a disabled child benefit.
On January 24, 2010,
HaMoked appealed against the appellate committee's decision to the Regional Labor Court in Jerusalem.
In the appeal, HaMoked stated that the committee had erred in dismissing the child's basic condition, diagnosed by the diagnostic centers which had evaluated her performance, and in declaring that the child was not dependent on help from others. During the proceeding, the parties agreed that the child's case be returned to the appellate committee.
In June 2010, the mother was notified that the appellate committee had accepted HaMoked's appeal, and decided the child was entitled to a disabled child benefit. The mother started receiving a monthly benefit of 1,413 NIS, for a 50% disability level. In addition, she received
42,134 NIS for the preceding period of eligibility.
