The courts have recognised an orphan's pension for a child whose mother has died and whose father's whereabouts are unknown.
The High Court of Justice of the Valencian Community, in its ruling, has equated absolute orphanhood with the situation experienced by the minor, given that the father, who was absent, was deprived of parental authority and the mother was the only one who cared for him.
The Chamber considered that this was a similar situation of need and decided to make the rule more flexible in order to adapt it to reality and to the interests of the beneficiary.
As stated in the judgment, the legislator cannot take into account each and every possibility that arises in practice. Nor can situations such as the present one, which must be understood by analogy with article 39 of the General Benefits Regulation, be left unprotected, since for practical purposes it is as if the child from birth had had only one parent (his mother) who was the only one to fulfil the obligations imposed by parental authority. Read more.
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