Right to the benefit by reduction of day for taken care of minor with cancer or serious disease in spite of being sent to school
Newspaper the Law, Number 9350, Section the Sentence of the day, 4 of February of 2019, Publishing Wolters Kluwer
The schooling of the minor cannot be obstacle to the recognition of the benefit because of being unthinkable that nowadays, no minor, by severe that is the limitations that suffer, does not go to some center of schooling, treatment, special center or of another type, for, as far as possible, to improve its situation and to try that it acquires the knowledge that its situation allows him.
With a view to obtain the benefit, the necessity of attention of a minor does not have to be understood as a continuous and absolute necessity; as a necessity of direct care, continuous and permanent, but he can be clear although the minor is sent to school because during the time that is in its address, yes she needs intense well-taken care of on the part of his ancestors.
In the case, the father in center asks for the benefit by day reduction being his sent to school daughter and receiving student specialized attention, and neither article 190 of the General Law of the Social Security (LAW 16531/2015) nor article 2 of Real Decreto 1148/2011 (LAW 15824/2011) anticipates as causes of extinction of the benefit that the one that the minor is sent to school.
The minor has recognized a degree of incapacity of 64% and is great employee.
The Room emphasizes that the schooling of the minor cannot be obstacle to the recognition of the benefit because of being unthinkable that nowadays, no minor, by severe which they are the limitations that suffer, does not go to some center of schooling, treatment, special center or of another type for, as far as possible, to improve its situation and to try that it acquires the knowledge that its situation allows him.
The one does not have either to be an obstacle that the father or the mother has not had to ask for leaves of absence, permissions or licenses to be able to take to end the care of their daughter because they have been possible to help of relatives or to make compatible it with his work, or a certain tolerance or understanding of his employers, or even a combination of both.
The own configuration of the benefit, and the one that the reduction of the day is it at least in a 50%, by itself reveals that the applicant of the subsidy is not going to dedicate the totality of his time to the care of the minor, because a part of the time will dedicate it to the accomplishment of its work.
The concurrence of the requirement of a direct, continuous and permanent care cannot be denied by the mere circumstance to only be a sent to school minor.
In addition, in the case, and in spite of the schooling of the minor, it has been proven a high number of justified, total lack or partial in school days to come undergoing the minor, of frequent way, complications of his pathology that force, almost on a daily basis, it indicates the sentence, to his parents to take care of it in his own address to apply the prescribed treatment or to take it to him to a medical center so that the minor is taken care of.
By all this it confirms the TSJ that suffering the daughter of the applicant a serious disease, that demands some important demands of attendance direct, continued and permanent on the part of its ancestors, being the reduction of the day of the father effective means to make compatible these needs of well-taken care of with the labor activity, concur the legal requirements and prescribed to accede to the benefit that will have to begin to accrue itself when the father credits that he has begun to reduce his day of work.
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