Title: Clarification Issued on Subsidy Transfers for Children Under Legal Guardianship
In a significant administrative clarification, Iran’s judiciary has outlined the clear and streamlined procedure for transferring national subsidy payments for children placed under new legal guardianship. This move underscores the state’s commitment to ensuring the welfare of vulnerable children and the legal integrity of family structures.
The Legal Framework
The advisory opinion from the General Directorate of Legal Affairs of the Judiciary addresses specific questions regarding the subsidy status of children and adolescents placed under guardianship according to the 2013 Law for the Protection of Children and Adolescents Without Guardians or with Unfit Guardians.
The central question was whether the portion of the household subsidy allocated to a child could be separated and transferred to the account of their new legal guardian, replacing the previous one.
A Clear Path for Subsidy Transfer
The legal opinion provides a definitive affirmative answer. It states that, based on a combination of the 2009 Targeted Subsidies Law and the 2013 child protection law, the transfer of a child’s subsidy to the new guardian’s account is not only possible but mandated.
The reasoning hinges on the legal principle established in the 2013 law, which equates the duties of a legal guardian to those of a biological parent. Consequently, from the moment a provisional guardianship order is issued, the child is legally considered a dependent of the new guardian family unit. The subsidy payment, therefore, follows this legal relationship.
Streamlined Administrative Process
Crucially, the opinion simplifies the procedure for guardians. It clarifies that in standard cases, there is no need to file a formal lawsuit or obtain a new court order to effect the transfer.
The process requires the new guardian to directly approach the Targeted Subsidies Organization with the relevant guardianship documents. The organization is then obligated to reroute the child’s subsidy payment into the guardian’s account in accordance with its established regulations.
This administrative pathway is designed to minimize bureaucratic hurdles, ensuring that financial support reaches the child and their new family without unnecessary delay. The opinion further specifies that the subsidy is to be paid to the guardian’s account, as there is no current legal provision for depositing it directly into an account under the child’s name.
This clarification provides certainty and reinforces the social safety net for children in new family environments, aligning financial support mechanisms with the nation’s family and child protection laws.