The case concerned a request made by an Ukrainian national beneficiary of temporary protection, to contest the decision of the Director of the "Social Assistance" Directorate - Varna, containing a refusal to grant a one-time aid for a student enrolled in the first, second, third and fourth grades.

The applicant argued that she and her family are entitled to social assistance and that the contested decision violated the Law on Family Benefits for Children, Article 10 (6), the UN Convention on the Rights of the Child.

The Administrative Court of Varna allowed the appeal and annulled the contested decision. The court found that the contested decision was issued by respecting the procedural rules for issuing administrative acts, but the question was whether the substantive law was incorrectly applied.

The court noted that the provision of Art. 10a para. 1 of the Law on Family Benefits for children provides that families whose children are enrolled in the first grade or are enrolled or continue their education in the second, third and fourth grades of school, are granted a one-time aid to cover part of the costs at the beginning of the school year, when these children live permanently in Bulgaria and are not placed outside the family pursuant to Article 26 of the Child Protection Act. According to para. 2, the aid under para. 1 of Article 10a is granted regardless of the family's income. Also, Article 3 of the same law provides that the families of foreign citizens are entitled to same benefits, as long as they reside permanently and raise their children in Bulgaria and if the receipt of such benefits is provided for in another law or in an international treaty to which the Republic of Bulgaria is a party.

The Administrative Court of Varna referred to Articles 13 and 16 of the European Social Charter as well as to Article 27 of the UN Convention for the Rights of the Child to state that the aid under Article 10a para. 1 of the Law on Family Benefits for Children is part of the social assistance system, it falls entirely within the scope of Art. 16 of the European Social Charter and should be interpreted as part of the states' obligations under Article 27 of the CPC.

The Administrative Court concluded that Article 3 item 5 of the Law on Family Benefits for children also includes foreign citizens who have been granted temporary protection and have the right to stay on the territory of the Republic of Bulgaria. A different conclusion would lead to a situation of discrimination.

The contested decision was annulled, and the authority was instructed to follow the interpretation and application of the law as stated by the court.