Dependent child (336, 337, 338, 339, 340,-666)

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Keywords: Dependent child
Total judgments found: 23

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• Judgment 270

  
  36th Session, 1976
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  If the parents are separated, "payment of [the higher school]allowance is warranted where the child attends school away from the place of residence of the parent with whom he normally lives [...] if [...] the child attends school at the place of residence of the parent who has custody of him, that is a normal situation and there is no reason to pay the allowance at the higher rate. It is immaterial that the parents are separated and that, though living with his mother, the child is a dependant of the father. It is true that in the present case the child's maintenance is in general more costly to the father than it would be if father and son were living together. But that is a consequence not of the choice of school but of the separation of the parents, and the organisation cannot be held liable therefor."

  Keywords:

  allowance; amount; condition; dependent child; education expenses; parents separated; rate; residence;
  

  
  
  

• Judgment 219

  
  31st Session, 1973
  International Patent Institute
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The "provision [...] is applicable only to a staff member who has dependent children [...] It follows that the complainant is not entitled to an education allowance since he has no dependent children [...] The fact that he has not himself incurred the educational expenses of his children is a further reason why [the provision] is inapplicable to his case."

  Keywords:

  allowance; condition; dependent child; education expenses; right;
  

  Consideration 2

  Extract:

  "Maintenance, like dependence, can be defined in different ways. While it can be argued that a contribution to maintenance is a form of maintenance, it can also be claimed that only complete maintenance can truly be called maintenance." The meaning of the applicable texts has not been clearly stated in the new Staff Regulations.

  Keywords:

  criteria; dependant; dependent child; interpretation; parents separated;
  

  Consideration 2

  Extract:

  Had it been intended that an official ordered to pay a maintenance allowance should be entitled to receive child allowances, special provisions would have been included in the regulations to deal with such cases "either by giving the Director-General discretionary power to determine the amount of the allowance in each case on its merits, or by making the amount of the child allowance dependent on the amount of the maintenance allowance; at the very least provision would have been made for the payment of the child allowance to the parent having custody."

  Keywords:

  dependent child; family allowance; parents separated;
  

  Consideration 2

  Extract:

  Under the former as well as the present material rules, "a child is the dependant of the person who actually maintains him. In the case at issue the word 'actually', which means 'really', as opposed to 'theoretically', 'apparently' or 'illusorily', is not in question. The parties do not agree, however, as to the interpretation of the word 'maintain'."

  Keywords:

  definition; dependent child;
  

  Consideration 2

  Extract:

  "[T]he complainant not only does not have custody of the children, but he makes a financial contribution which is probably smaller than that made by their mother, and therefore does not actually maintain his children according to the strict interpretation of the term adopted [...] His claim for the payment of child allowances therefore fails."

  Keywords:

  condition; dependent child; family allowance; parents separated; right;
  

  Consideration 2

  Extract:

  Vide Judgment 216, consideration 2.

  Reference(s)

  ILOAT Judgment(s): 216
  

  Keywords:

  allowance; condition; dependent child; family allowance; parents separated;
  

  
  
  

• Judgment 216

  
  31st Session, 1973
  International Patent Institute
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  Vide Judgment 219, consideration 3.

  Reference(s)

  ILOAT Judgment(s): 219
  

  Keywords:

  allowance; condition; dependent child; education expenses; parents separated; right;
  

  Consideration 2

  Extract:

  Vide Judgment 219, consideration 2.

  Reference(s)

  ILOAT Judgment(s): 219
  

  Keywords:

  criteria; dependant; dependent child; interpretation;
  

  Consideration 2

  Extract:

  Vide Judgment 219, consideration 2.

  Reference(s)

  ILOAT Judgment(s): 219
  

  Keywords:

  dependent child; family allowance; parents separated;
  

  Consideration 2

  Extract:

  Vide Judgment 219, consideration 2.

  Reference(s)

  ILOAT Judgment(s): 219
  

  Keywords:

  definition; dependent child;
  

  Consideration 2

  Extract:

  Vide Judgment 219, consideration 2.

  Reference(s)

  ILOAT Judgment(s): 219
  

  Keywords:

  condition; dependent child; family allowance; parents separated; right;
  

  Consideration 2

  Extract:

  The complainant recognises "that he is not entitled to an allowance as head of the family on account of the payments he makes on behalf of the children of his first marriage, who are in their mother's custody. It follows that he cannot claim the child allowance either, since the grant of both allowances depends on the fulfillment of the same condition."

  Keywords:

  allowance; condition; dependent child; family allowance; parents separated;
  

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