Social assistance must be granted on the basis of the client's actual disposable income 

Deputy-Ombudsman Mikko Sarja has commented on the appropriateness of the guidelines for benefits of the Social Insurance Institution of Finland (Kela). Kela, based on its guidelines, considered Veikkaus' winnings from gambling and private financial assistance to be the client’s income if the client had received such winnings and assistance in the previous months.  

According to the Deputy-Ombudsman, the Act on Social Assistance does not contain a provision that would entitle Kela to include in the calculation of social assistance such income that the client does not actually have at their disposal when social assistance is determined. As a rule, the provisions on disposable income prevent calculated (fictitious) income from being considered as a person’s disposable income. 

Kela’s actions were based on its own guidelines for benefits. The Deputy Ombudsman emphasises the fact that an authority’s guidelines that are not legally binding cannot be used to restrict an individual’s right to services and support measures that have been laid down in law. 

The Deputy Ombudsman has requested that Kela report the measures it has taken as a result of the decision. In addition, the Deputy Ombudsman has proposed that the Ministry of Social Affairs and Health assess whether there is a need to make changes to the provisions laid down on the client's disposable income in the Act on Social Assistance. 

The full text of Deputy-Ombudsman Mikko Sarja’s decision no 1192/2022 has been published (in Finnish) on the Parliamentary Ombudsman's website at www.oikeusasiamies.fi.

For more information, please contact Principal Legal Adviser Tapio Räty, tel. +358 (0)9 432 3379 and Temporary Legal Adviser Eeva-Maria Tuominen, tel. +358 (0)9 432 3395.