The Department of Social Inclusion, Youth, Families and Equality of the Junta de Andalucía will apply the maximum age for continuing to be a large family to the youngest child and not to the eldest as has been the case until now. This is the change introduced into the … first final provision of the modification of Decree 172/2020 -recognition of the status of single-parent family in Andalusia- which regulates the procedure for recognition of a large family and its category, the issuance, renewal, modification and revocation of the title and the large family card. The deadline to make claims regarding this change is open until January 14.
Sources from the Ministry of Social Inclusion explain to EP that, until now, the validity of the large family title depended on the age of the eldest child, so that when the eldest child was 26 years old, the family was obliged to renew the large family status. Today, with the change promoted by the Ministry of Loles Lopezit is proposed that the maximum age does not apply to the eldest son but to the youngest. Additionally, it is the family’s duty to report failure to comply with many requirements to retain title.
In the decree on the single-parent family, the Andalusian Government proposes to set the maximum age of children in single-parent Andalusian families at 25 years, a condition which could also be acquired “in the event of forced temporary absence of one of the two parents which prevents them from exercising family responsibilities for a period equal to or greater than one year”.
Will also be considered a single-parent family “in the event of forced temporary absence of one of the two parents which prevents them from exercising family responsibilities for a period equal to or greater than one year”.
This is reflected in the draft decree which regulates the recognition of the status of single-parent family in Andalusia consulted by the EP. The proposed rule – which may undergo changes during the still open processing process – consists of 18 articles, two additional provisions, one repealing provision and two final provisions. The objective of the decree is “the recognition and identification of single-parent families as a social group which requires particular and differentiated attention in family social policies”, underlines the document, still in draft. The López ministry defends that this rule “will lead to a increased legal security for these families by having a title which accredits said condition valid throughout the territory of the community, in particular with regard to the services which may correspond to them and the aid from which they may benefit, in the procedures of management and processing of services by the different services.
Parent status
The proposal made by the Council involves considering single-parent family the nucleus composed of a single parent and one or more descendants who are linked to them by filiation, adoption, guardianship or permanent family placement or guardianship and who are exclusively financially dependent on them. For the purposes of this rule, the status of parent shall be equal to one who is responsible for the guardianship, custody or accommodation of minors.
The single-parent family will be assimilated to the family unit in which, Even if there are two parents, one of the following situations occurs. First, those in which the father or mother who has sole custody of the children has not received the alimony determined judicially or by regulatory agreement for three consecutive or alternating months during the period of twelve months preceding the filing of the application, and provided that this alimony has been claimed judicially by civil execution or by criminal means for non-payment of alimony. Likewise, when the parent with dependents has suffered family abandonment from the other parent; when the parent with dependents has been the victim of gender-based violence by the other parent; in the event of forced temporary absence of one of the two parents which prevents them from exercising their family responsibilities for a period equal to or greater than one year.
For the status of a single-parent family to be recognized and maintained, the descendants must have “under 26”. However, when the child has a degree of disability equal to or greater than 33% or is incapable of working, “this age limit will not be taken into account”. Single-parent families will be recognized with a title that allows them official accreditation as such before any administration or public or private entity in the territory of Andalusia, which will be issued, upon request and verification of the conditions that give right to it, by the competent service for families.
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