Kuwait Court of Cassation principle number 738

A Kuwaiti female employee is entitled to a social allowance for her children, whether born to a Kuwaiti or a foreign father. Condition: she supports her children from the date of their father's death or his incapacity to work or earn, while he receives no salary, pension or assistance from the public treasury on a periodic basis, or she supports her children without receiving maintenance from the person obligated to maintain them. Reason: to enable the female employee to cover her children's living expenses. Article 1/3,2 of Civil Service Council Decision No. (1) of 1979 concerning the granting of a social allowance to employees in government entities. The challenged judgment's departure from this view and its restriction of entitlement to the social allowance to children of a Kuwaiti father, thereby restricting the generality of the text and introducing, through interpretation, a rule different from the legislature's intent. This renders it defective and necessitates its cassation. Example.