February 02, 2026
The Administrative Court in Zagreb issued a verdict ordering the Ministry of Labour, Pension System, Family and Social Policy to pay the arrears of the inclusive allowance to the heirs of the deceased applicants. This decision represents a potential precedent because it breaks the previous practice according to which procedures were suspended by the death of the user. The central theme of this legal battle is the succesion of inclusive allowance. The court believes that the state must not profit from its own slowness in making decisions. Many citizens have died waiting for bureaucracy, and now hope is opening up for their families. While this sounds like a victory for justice, the path to payout is not easy or quick.
What exactly is an inclusive allowance?
An inclusive allowance is a cash benefit intended for people with disabilities. Its purpose is to compensate for the increased cost of living caused by disability and to enable equal participation in society. The amount ranges from 138 to 720 euros per month, depending on the degree of health impairment. It is not social assistance for the poor, but a right that comes from disability.
Unfortunately, administration is slow. The law has entered into force, but the solutions are months late. Many users, often severe oncology patients, died before they received a solution. The state then suspended the proceedings, claiming that it was a personal right that ended at death. This is where the problem arises, because the inheritance of the inclusive allowance was not envisaged in such cases. Families were left without the means that their loved ones legally belonged to during their lifetime.
Succesion of inclusive allowance through the Institute of Sample Dispute
Given that the Administrative Court received hundreds of identical lawsuits, it was decided to conduct the so-called sample dispute. A sample dispute is a legal institute used when there are a large number of lawsuits with the same legal issue. Instead of the court dealing with each case separately and wasting resources, one typical case is chosen. The judgment in this “exemplary” case becomes a guide for all other similar cases.
In this particular case, the court chose the case of a widow whose husband died while waiting for a decision. Judge Tomislav Krušlin ruled in her favor. It was concluded that the proceedings must continue despite the death. This approach of the court directly enables the inheritance of the inclusive allowance to those who legally deserved it, but did not live to see it due to the slowness of the system. This is a key change in case law.
Verdict in response to the administration’s silence
The verdict of the Administrative Court in Zagreb is very clear in its message to the Ministry. The court found that the state cannot use its own delay as an excuse for not paying the money. If the person submitted the application on time and met the conditions, the right to compensation arose at that moment. The fact that the administration did not issue a decision on time must not be to the detriment of citizens.
The court considers that medical expertise can also be carried out on the basis of documentation, even if the person has died. Thus, death is not an obstacle to establishing rights. It is hereby confirmed that the right to inherit the inclusive allowance exists for the period from the submission of the application until the death of the beneficiary.
If this verdict upholds, the heirs will be able to claim thousands of euros in arrears. Many families are eagerly awaiting the inheritance of an inclusive allowance to cover the costs incurred during the illness of their loved ones.
Caution: The verdict is still not final
This is only a first-instance, non-final verdict. The competent ministry has the legal right to appeal to the High Administrative Court. This means that the legal battle for the inheritance of the inclusive allowance is not over yet. The High Administrative Court may uphold this decision, but it may also reverse or revoke it. Only when, and if, the verdict becomes final, will the obligation to pay for all similar cases be created.
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