The applicant, NHL, an Afghan national acting personally and as representative for her minor Ya.N., contested an order of the Social Assistance Directorate refusing to grant her family allowances for her child as provided by the Act on Family allowances for Children, Article 7 par. 1, because Bulgaria has no agreement on this with the Republic of Afghanistan.

The Administrative Court noted first that the applicant has been granted asylum in Bulgaria and according to the article 32, par. 2 of the Law on Asylum and Refugees, beneficiaries of international protection have the same rights and obligations as the Bulgarian citizens, except for the right to participate in elections and some other. The Act on Family allowances for children provide that these allowances are granted to foreign nationals residing and rising their children in Bulgaria based on reciprocity or if it is provided in another law or international treaty. The Administrative Court clarified that a lack of restrictions in this legislation on the access of the beneficiaries of international protection to the social system and in the absence of special rules for the beneficiaries of protection, shall be interpreted as treating them as the Bulgarian nationals, as provided by the Law on Asylum and Refugees, article 32, par. 2, item 1.  

The Administrative Court also took into consideration the provision of the Qualification Directive, and the obligation of the Member States to cover a minimum guaranteed income to beneficiaries of protection, family allowances for children being included in this guaranteed minimum income.

The administrative Court annulled the contested order and referred the case back to the Social Assistance Directorate for re-examination in the light of this judgement.