The Supreme Court ruled today (Wednesday) unanimously that the daycare subsidy for students will continue until the end of the current school year. The judges ruled that the transitional provision, which was determined in relation to the application of support tests to subsidize tuition in day care centers, according to which the families of the students will benefit from the tuition subsidy only until the middle of the current school year, is inconsistent with administrative law.
In the majority opinion, it was determined that these rules require that the transitional provision be extended in such a way that the families will continue to enjoy the subsidy, in accordance with the criteria that were customary until now, until the end of the current school year.
The new support tests state that families in which only the mother works or studies, while the father devotes his life to the Torah (the families of the students), will no longer benefit from the tuition subsidy in day care centers.
The new support tests constitute a change in the long-standing policy according to which the families of the students benefited from the subsidy of tuition in the day care centers.
The support tests set a transitional provision according to which the old support tests will continue to apply in parallel with the new support tests until 31.10.2021 and after that they will expire.
The Supreme Court held that no one has a vested right to receive a subsidy from the state even if it has been granted to him in the past.
The daycare subsidy, like any other subsidy, reflects the national priorities and worldview of the government, which can never change.
However, administrative law recognizes the governmental obligation to prescribe a transitional provision in cases where it is necessary in order to protect the legitimate interest of the citizen.
This duty, as part of the duty of fairness of the government, applies in full force in cases where the subsidy is directly related to the core life of the citizen who plans his life and family life relying on the subsidy he receives not being abolished or changed in one fell swoop Economically and adversely change his basic life patterns, without allowing him to prepare for the new reality.
It should be noted that for many families the study framework forms the basis, or "anchor", around which the family plans its life for the entire school year.
The high cost of day care centers means that in many cases the family budget for the school year is built around the tuition fees in the day care centers.
The cessation of the subsidy in the established outline does not allow the families of the students sufficient time to prepare for the change that will be caused to their lifestyle and may harm the toddlers.
These considerations are not given sufficient weight, and therefore it was unanimously determined that the transitional provision in its current form cannot stand.
With regard to the remedy, it was agreed by a majority (Judge Ofer Grosskopf and Judge Alex Stein) that the old support tests will continue to apply in parallel with the new support tests until the end of the current school year (5722). The majority, however, believed that the appropriate remedy was to order that the old tests of support continue to apply until another decision of the ministers, made within 30 days, and which would give its opinion on the complexities presented in the judgment.
MK Yaakov Asher on the High Court's decision: "Even the High Court judges understood that Lieberman's brutal move against the ultra-Orthodox mothers does not stand any legal and logical test and threw him off all the ridges, I congratulate the Emet organization This one.
With the help of the name, until next year, this evil government will pass from the world along with its many decrees. "
MK Moshe Arbel: "The High Court's unanimous decision regarding the decree of the dormitories indicates the hatred of the malicious government for the Torah scholars who passed them on to their minds and the gatekeepers who fell asleep on guard.
The great danger unfortunately was only postponed to next year.
Our prayer is that the right of the Torah labor of the kollel students who will receive a subsidy for this year's seasons will move a malicious government out of the country. "
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