Nikola Bodiroga, PhD, has prepared the legal analysis of the Article 84 of the Law on Social Protection, with the support of the non-governmental organization Praxis, within the project “Contribution to Social Inclusion and Combat against Discrimination of Marginalized Population in Serbia”, funded by the Norwegian Ministry of Foreign Affairs.

The analysis deals with the problem of exercise of the right to cash social assistance to a beneficiary who has the right to financial support, in relation to the obligation of an applicant to deliver, along with the application, the verdict reached against the relative who, according to the Family Law, is obliged to provide financial support, or court settlement specified in the procedure.

After presenting the general and special conditions for the exercise of the right to cash social assistance and analysis of the application of the Article 84 of the Law on Social Protection, which is based on Praxis practice and experience in providing free legal aid, the author concludes that Article 84 basically limits the right to cash social assistance. Assessing the effects of the application of this decision, it is stated that Article 84 does not significantly contribute to reduction of the amount of cash social assistance, and costs arising as a result of its application are should be covered both by the parties in the procedure and the state, while the goal was exactly the opposite. Finally, the author concludes that limiting the right to cash social assistance by introducing the obligation of litigation is incommensurate and threatens the very essence of the pledged right.

Download the analysis: The Right to Cash Social Assistance to a Beneficiary Who Has the Right to Financial Support – Legal Analysis of the Article 84 of the Law on Social Protection