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25.08.2026
CYPRUS SOCIETY
19:43

“Simply citing the law” when rejecting applications for benefits “does not constitute sufficient justification”

Intervention by the Commissioner for Administration in a Single-Parent Case
ALPHANEWSLIVE


To ensure that the complainant’s applications for the Child and Single-Parent Family Allowance for the years 2024 and 2025 are reviewed, requests that the Welfare Benefits Management Service (YDEP) to have Administrative Commissioner Maria Stylianou Lottidi, in her report regarding the rejection of a woman’s applications for payment of the aforementioned allowances.

According to the report, the complainant filed two complaints with the Commissioner’s Office regarding the delay in processing her applications for the Child Allowance and Single-Parent Family Allowance for the yearsyears 2024 and 2025. It should be noted that in both cases, the YDEP decided to reject the complainant’s relevant applications for the Child and Single-Parent Family Allowance for those years, since, upon review of her applications, it was determined that she did not meet the requirements for lawful and continuous residence in the areas under the effective control of the Republic of Cyprus, during the five years prior to the submission of the applications, specifically for the period from January 2020 to June 2022.

During the review of the case, it is noted that, following the initial letter from the Commissioner’s Office, an official from the YDEP requested on August 7, 2025, to submit a detailed bank account statement from a Scottish bank for the period in question. It should be added that the complainant filed an internal appeal in October 2025, against the denial of her application for the Child and Single-Parent Family Allowance for the year 2024, submitting new supporting evidence, including a detailed statement of her bank account from the bank in question for the period in question, as requested.

“The application in question was rejected because her continuous residence in the Republic of Cyprus from January 2021 through March 2022 was not substantiated,” it states, noting that the assessment found she began working in the Republic on July 18, 2022.

As noted, the Commissioner’s Office, in a new letter to the Directorate of Employment and Social Security (YDEP) and the Deputy Ministry of Social Welfare (YKP), brought to their attention the complainant’s request for a reassessment of her two cases, based on her allegations that the YDEP rejected the relevant applications without sufficient justification and without taking into account all the supporting documents and evidence that had been submitted to the Agency and the MinistryMinistry, both in the context of the administrative appeal regarding the application for the year 2024 and in the context of the application for the year 2025, thereby violating, among other things, the principle of proportionality and the principle of good administration.

The YDEP and the YKP were requested, among other things, to state the reasons why the evidence submitted by the complainant was deemed insufficient when assessing the condition of her residence in the Republic, as well as to provide information regarding any additional evidence required from her for the comprehensive review of her case.

It should be noted that the periods for which her residence in the Republic of Cyprus is in question (2020–2022) coincide with the period of the COVID-19 pandemic “during which travel was restricted,” and that, during those years, the complainant worked exclusively online, starting on December 1, 2019, that is, before the start of the pandemic, until March 31, 2022—a fact she had proven with a relevant certification from her former employer in Scotland, the report states.

It is further noted that, for the remainder of 2022, she registered as unemployed with the Public Employment Service and received the corresponding Unemployment Benefit to which she was entitled from the Social Insurance Services (YKA), and that during the period in question, she took government and other exams in the Republic, “a fact which, she argues, substantiates her physical presence in the Republic.”

It should be noted that “to date,” the Social Security Services (YKA) has not responded to any letters from the Commissioner’s Office regarding its requests, while, in July, they were sent a new email containing the decision to reject the hierarchical appeal of the 2024 application, which states that the reason for the rejection is insufficient documentation of continuous and permanent residence in the Republic from January 2020 through June 2022, “without, however, providing any further explanation as to why the evidence submitted was deemed insufficient.”

Referring to relevant legislation, the Commissioner notes that administrative acts issued following the exercise of discretionary power must be sufficiently and properly justified.

She further notes that the legislation also states that the principles of good administration require administrative bodies, when exercising their discretion, to act in accordance with a sense of justice, so that, when applying the relevant legislative provisions in each specific case, unreasonable and unfair outcomes are avoided.

The Commissioner notes that the application of the relevant legal framework “should not overlook the social purpose served by the benefits in question, which form part of the State’s social policy and are intended, among other things, to provide financial support to families with children and, in particular, to provide support to single-parent families, in which the care and financial responsibility for the children fall primarily on one parent.”

Noting that this social purpose does not negate the conditions set by the legislature for the granting of benefits nor does it justify circumventing any substantive condition, it states that, when reviewing applications, all submitted evidence must be carefully and comprehensively evaluated to determine whether it substantiates the complainant’s actual residence in the Republic.

At the same time, it continues, in accordance with the principle of good administration, if the evidence is deemed insufficient, clear information must be provided regarding the reasons why it is not considered satisfactory, so as to avoid any potential suspicion of arbitrariness. “Simply invoking the law does not constitute sufficient justification,” he adds.

In this light, he adds, “and taking into account that the complainant has submitted a series of documents to substantiate her actual residence in the Republic, both during the review of her applications and following a relevant request from the Directorate of Immigration, as well as before our Office, it is deemed appropriate that this evidence be evaluated comprehensively and on a case-by-case basis.”

The Commissioner recommends to the Head of the YDEP that, within the scope of his authority and in accordance with the principles of good faith, sound administration, and due diligence, ensure that the complainant’s applications for the Child and Single-Parent Family Allowance for the years 2024 and 2025 are reconsidered, taking into account all the evidence presented to the YDEP, including the additional evidence submitted at her request.

“Furthermore, during the review, it must be made clear, with sufficient justification, whether or not this evidence substantiates fulfillment of the residency requirement provided for by law, so that the complainant has a clear understanding of the reasons for the final decision on her applications,” the report states. It should be noted that the report is also being forwarded to the Deputy Minister of Welfare for her information.

SEE ALSO: OSAC Calls on the Ministry of Labor to Provide Pension Protection for Informal Caregivers | AlphaNews

Source: KYPE

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