The work entitled Eligibility for childcare allowance in case of food allergy deals with and studies the rules, the state structure and the suitability of this structure. It describes some basic terms used in connection with the welfare state. The work also presents the legal regulation of the welfare state, or legal sources, both international and national. Special attention is paid to parental care and family benefits. The focus is on one of the family benefits, namely the right to a childcare allowance, especially in the case of a food allergy. Allergies are becoming more and more common, even with children. Therefore, in its list, the by-law provides for an allowance for the care of a child in the event of a food allergy, but only if the child is allergic to at least three basic foods. However, since the reactions to allergens in individual children are different, I analyzed the legal practice in this area. Judging by case law, entitlement to care allowance for a child who is allergic to food is only and exclusively if it is an allergy to at least three basic foods, regardless of the reaction the child experiences. So, if a child shows an allergy in the way that he either sneezes, snorts, has indigestion or similar, and is allergic to three foods, he is entitled to receive care supplement, but the one who is allergic to only one basic food, but his life is threatened by ingestion or contact with an allergen which threatens his life, he is not entitled to the care supplement, as the regulation stipulates that he must be allergic to at least three basic foods.
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