Kuwait Court of Cassation principle number 489

Summary: - Issuance of Law 8 of 2010 concerning the Rights of Persons with Disabilities and its establishment of a Public Authority for Disability Affairs. Its effect. This Authority becomes exclusively competent for all rights required by law for persons with disabilities, including allowances, pensions, and financial and nonfinancial assistance. - The Director General of the Public Authority for Disability Affairs. He has capacity to represent it before the courts in all disputes brought by or against it concerning application of the provisions of Law 8 of 2010. Rule: The provision in Article 43 of Law No. 8 of 2010—concerning the Rights of Persons with Disabilities—that “A person with a disability who is unable to work shall be entitled to a disability pension in accordance with the conditions prescribed by a decision of the Authority,” the provision in Article 47 thereof that “An authority concerned with the affairs of persons with disabilities, having legal personality, shall be established, called the Public Authority for Disability Affairs ......”, and the provision in Article 51 thereof that “The Authority shall have a Director General appointed by decree ...... and the Director General shall represent the Authority before the courts and in its relations with third parties ............” indicate—as disclosed by the Explanatory Memorandum—that, upon issuance of this Law, the Public Authority for Disability Affairs became exclusively competent to determine and implement what the Law required concerning the rights it established for persons with disabilities in respect of allowances, pensions, and financial and nonfinancial assistance—of whatever kind—in accordance with the rules prescribed in this regard, and that the Director General of this Authority has capacity to represent it in all disputes brought by or against it before the courts concerning application of the provisions of this Law.