Constitutional Court Clarifies the Rules for Calculating Income When Determining Childcare Benefits

Теlegram CС - https://t.me/consot_kz

 

The Constitutional Court received an application challenging the constitutionality of paragraph 1 of Article 85 of the Social Code, which governs the calculation of the social benefit payable for childcare until a child reaches the age of one and a half years.

The applicant argued that, when her benefit was calculated, a month in which she had received no income was included in the calculation because she had been on maternity leave in January 2025. In her view, this reduced the amount of the benefit and created discriminatory conditions for employed pregnant women.

Having examined the application and the relevant legislation, the Constitutional Court noted that the Republic of Kazakhstan is a social state and that the Constitution guarantees citizens the right to social security, the protection of motherhood and childhood, and equality before the law and the courts.

The Court explained that the childcare benefit is a form of state social support intended to partially compensate for the loss of income during the period of childcare leave. At the same time, the Constitution allows the legislature to establish the rules governing the calculation of such benefits. In implementing the constitutional guarantees of social security, the legislature has set out the relevant calculation mechanism in the Social Code.

Under paragraph 1 of Article 85 of the Social Code, the average monthly income used to calculate the childcare benefit is determined by dividing the total income on which social contributions were paid during the twenty-four calendar months preceding the month in which entitlement to the benefit arose. The Constitutional Court emphasized that this calculation method applies equally to all recipients of the relevant social benefits who are in comparable legal and factual circumstances.

The Constitutional Court also drew attention to Article 133 of the Labour Code, which governs the payment of temporary disability benefits financed by the employer. Under this provision, temporary disability benefits are not payable for periods of incapacity that occur during unpaid leave. Accordingly, the calculation of social benefits is based on the income actually received and on which social contributions were paid during the statutory reference period.

The Constitutional Court further noted that determining the methodology for calculating social benefits falls within the legislature’s policy-making authority. Therefore, assessing the appropriateness or specific content of the calculation mechanism chosen by the legislature does not fall within the scope of constitutional review, provided that the constitutional guarantees are adequately reflected in the legislation.

The Court also reiterated its previously established legal position that the care and upbringing of children are the natural right and responsibility of parents, and that marriage, the family, motherhood, fatherhood, and childhood are under the protection of the State.