According to the Chancellor of Justice, the Social Insurance Board must pay the guardian’s child support if the court has deprived or suspended the parents' custody rights and appointed a guardian for the child.

When appointing a guardian for a child, the court has already assessed that the child's parents are not fulfilling their obligation under the Family Law Act to raise and care for the child. Therefore, the Social Insurance Board must base its decision on the court ruling in the civil case.

The Chancellor of Justice emphasized that the law does not grant the Social Insurance Board the right to consider other circumstances when determining the support, such as whether the parents agreed to the restriction of their custody rights, whether the parents and child communicate, or whether the parents could request the court to restore their suspended custody rights. It is also arbitrary to conclude from these circumstances that the parents are exercising custody rights. The agency cannot refuse to grant support on the grounds that the guardian could demand maintenance from the parents on behalf of the child. Parents whose custody rights have been restricted by a court still have an obligation to provide maintenance for the child, but the right to receive guardian’s child support does not depend on maintenance received from the parents.

The Chancellor of Justice requested that the Social Insurance Board pay guardian’s child support to all children who have been assigned a guardian and whose parents have had their custody rights revoked or suspended by the court. This also applies when the court has significantly restricted parental custody rights in both scope and content, and the child is being raised by the guardian. Exceptions are possible if compelling arguments refute the position presented in the court ruling. The Chancellor of Justice also requested that the agency review all decisions denying guardian’s child support made after the change in the support payment practice.

More details on the Chancellor of Justice’s position can be read here.