Parent-caregiver law (zakon roditelj negovatelj): who qualifies and how to apply
Serbia's parent-caregiver law was adopted in 2026 and applies from 1 October 2026: who qualifies, the RSD 65,000 benefit, conditions and how to apply.
The parent-caregiver law: what exists and what does not
Inaccurate information has circulated on this topic for years, so it is important to state exactly what applies in September 2026. (The common Serbian search term is "zakon roditelj negovatelj".)
The parent-caregiver law exists as an adopted national statute. Its full name is the Law on Parent-Caregivers and Caregivers (Zakon o roditeljima negovateljima i negovateljima). The draft was published in spring 2026, the Government then approved the bill, and the National Assembly adopted it on 10 July 2026. It was published in "Sl. glasnik RS", no. 63/2026.
The law is not yet applied in practice. Its application, and the filing of applications, begin on 1 October 2026. Until then nobody holds a decision on the status under this law and no benefit has been paid. Funds for the first months of application were not planned in the original 2026 budget, so the pace of the first payments remains to be seen.
Before this law, parent-caregiver status did not exist at national level. Only two things existed. The first is the special cash benefit under Art. 94(6) of the Social Protection Law, which becomes available only in old age. The second is local measures by individual cities and municipalities, which prescribed their own cash support for parents of children with disabilities, with differing conditions and amounts.
The ministry has announced that before 1 October it will publish detailed guidance, a list of documents and an information line number. The law requires the minister responsible for social protection to adopt, within 60 days of the law entering into force (it entered into force on 18 July 2026), rules on the required documents, the manner of filing and the electronic register (Arts. 4, 8 and 13). Those rules and forms were not available at the time of writing.
Parent-caregiver: who qualifies for the status
On the question of who qualifies (in Serbian: "roditelj negovatelj ko ima pravo"), the conditions for the person cared for and for the caregiver need to be distinguished.
For the person cared for, one condition is key: a recognised right to the increased allowance for care and assistance by another person under social protection regulations. That right is recognised for 100% bodily impairment on one ground, for a permanent organic disorder of a neurological and psychiatric type, or for several impairments of 70% or more on at least two grounds (Art. 94 of the Social Protection Law). The law covers minor children, but also adults who are completely dependent on another person's care.
For the caregiver, according to published summaries of the law, the conditions are:
- citizenship of the Republic of Serbia, majority and legal capacity,
- the same registered residence as the person cared for,
- not being employed and not carrying on a business, independent or other professional activity,
- not being a pensioner,
- being under 65,
- being capable of providing the necessary care.
The status is intended primarily for a parent. A guardian can obtain it under the same conditions. If the parents are unable to provide care, one family member can obtain caregiver status: a spouse, an extramarital partner, a relative in the direct line of any degree, or a relative in the collateral line up to the second degree, provided they live in the same household as the person cared for. This applies where the parents have died or are unknown, or because of their condition cannot provide care, and the child or person is not under another person's guardianship (Art. 3). In a family with two or more children or persons with the increased allowance, both parents can obtain the status (Art. 2(5)), and in a single-parent family a family member can as well (Art. 3(3)).
The RSD 65,000 benefit and insurance
A parent-caregiver receives a monthly benefit of RSD 65,000. The amount is not permanently fixed. It is adjusted once a year, from 1 March, in line with growth in the average wage. According to the minister, the aim is for the benefit not to fall below the minimum wage.
The second part of the right is insurance. Pension and disability insurance and health insurance contributions are paid alongside the benefit. Time spent in the status therefore counts as an insurance period, which for many parents who have been out of the labour market for years is as important as the cash amount. The RSD 65,000 is a net amount: the law provides that it does not include income tax or pension, disability and health insurance contributions, which are paid separately from the budget (Art. 6(3)-(4)). The benefit is adjusted once a year, on 1 March, in line with growth in the average salary (Art. 6(7)).
According to the explanatory memorandum, existing rights do not lapse: the allowance and increased allowance for care and assistance and cash social assistance remain.
How to apply from 1 October 2026
The application is filed electronically or in person at the competent social work centre. The centre decides by a formal decision within 15 days of the documentation being complete. Electronic filing is done by accessing the electronic register of parent-caregivers and caregivers kept by the ministry, and the centre provides support with electronic filing (Arts. 8 and 13). The name of the portal had not been published at the time of writing.
As the basic evidence is the decision on the increased allowance, that prior procedure may in practice take the most time. Anyone who does not yet have it first goes through a medical assessment before the PIO Fund's assessment body, which we describe on the page about the care and assistance allowance.
If the centre refuses the application, the decision can be appealed, and an administrative dispute can be brought against the final decision. The appeal is lodged with the competent ministry through the social work centre, and the ministry responsible for social protection decides on it (Art. 8(6)-(8)). Because the law sets no special deadline, the appeal is filed within the general 15-day period from service of the decision (Art. 153 of the Law on General Administrative Procedure), and the deadline is also stated in the legal remedy instruction. The law is new and the centres' practice is only now forming, so the interpretation of individual conditions may differ from centre to centre in the first months.
When to consult a lawyer
The application for parent-caregiver status is filed with the social work center and does not require a lawyer. Legal advice makes sense when you do not yet have a decision on the increased allowance and must first go through the medical assessment, when the center rejects the application or does not decide within 15 days of the documentation being complete, and when it is disputed who in the family can obtain the status. The deadline for an appeal is 15 days from delivery of the decision, so it is useful to speak with a lawyer as soon as the decision arrives, bringing the decision on the increased allowance and proof of the caregiver's residence and employment status. Because the law is new and the centers' practice is only taking shape, a lawyer can also help assess how a particular condition is likely to be interpreted in your case.
Sources
- Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata, Sl. glasnik RS No. 43/2023), Items 38, 40 and 44
- Tariff on Attorneys' Fees and Expense Reimbursement, consolidated text (Sl. glasnik RS Nos. 43/2023 and 56/2025) (paragraf.rs)
- Law on Parent-Caregivers and Caregivers (Zakon o roditeljima negovateljima i negovateljima), Arts. 2-6, 8, 11, 13 and 14
- Social Protection Law (Zakon o socijalnoj zaštiti), Art. 94
- Law on General Administrative Procedure (Zakon o opštem upravnom postupku), Art. 153
What to do
- Check the basic condition: whether the child, or the person you care for, has been granted the increased allowance for care and assistance by another person by a decision of the social work centre. Without that decision the status cannot be obtained.
- If the increased allowance has not yet been granted, start that procedure with the social work centre first. The medical assessment is done by PIO Fund examiners and takes time, so it is worth starting straight away.
- Check the personal conditions: the status is intended for a person who is not employed, does not carry on a business or other independent activity, is not a pensioner and is under 65, and who has the same registered residence as the person cared for.
- If you are employed, do not resign before checking all the conditions and waiting for the ministry's official guidance. Ending employment is a condition for the status, but the order of the steps affects your employment and insurance rights.
- From 1 October 2026, apply electronically or in person at the social work centre for your place of residence. The Ministry of Labour, Employment, Veteran and Social Affairs has announced that it will publish the document list and an information line number before that date.
- Keep proof of the date you applied. If the centre does not decide in time or refuses the application, an appeal to the second-instance authority is available, followed by an administrative dispute.
What it costs
According to available information, filing with the social work centre is free of charge. Costs may arise from obtaining documents and medical findings and, if a lawyer is engaged, from drafting an appeal against a refusal.
Basis for the attorney fee: Tariff on Attorneys' Fees and Expense Reimbursement, Item 40 (appeal in administrative proceedings - the Item 38 fee for non-assessable matters, increased by 100%) and Item 44 (claim in an administrative dispute, non-assessable matter).
FAQ
Has the parent-caregiver law been adopted?
Yes. The draft was presented in spring 2026, the Government then approved the bill, and the National Assembly adopted the law on 10 July 2026. It was published in "Sl. glasnik RS", no. 63/2026, and applies from 1 October 2026. Online texts that speak of a draft or of local decisions by individual cities describe the earlier situation.
Parent-caregiver: who qualifies for the status?
A parent who lives with a child who has been granted the increased allowance for care and assistance, both for a minor child and for an adult who is completely dependent on another person's help. A guardian can obtain the status under the same conditions and, if the parents are unable, another family member can do so as a caregiver. The applicant must not be employed, a sole trader or a pensioner, and must be under 65.
How much is the parent-caregiver benefit?
The law provides for RSD 65,000 per month. The amount is adjusted once a year, from 1 March, in line with growth in the average wage. Pension and disability insurance and health insurance contributions are paid from the budget alongside the benefit, so time spent in the status counts as an insurance period.
Does the status mean losing the care allowance or social assistance?
No. The law expressly provides that the parent-caregiver's right to the benefit does not exclude the right of the child or person cared for to cash social assistance, the allowance and increased allowance for care and assistance, and other social benefits and services (Art. 6(6)).
When does the status end?
Under Art. 11 of the law, the status and the benefit end: at the parent-caregiver's request, when the reasons for which the status was obtained cease, when the parent cannot provide the necessary care or does not provide it, during detention or a prison sentence, on the parent-caregiver's death, on taking up employment or other work engagement, entrepreneurial or other professional activity, on obtaining a pension and on reaching 65. If the child or person cared for dies, the benefit with contributions ends six months after the date of death. Placement of the child in a social care institution or a foster family is a ground on which the status cannot be obtained (Art. 5).
What about parents who cared for a child for 15 years and have reached pension age?
That is a different, older right. Under Art. 94(6) of the Social Protection Law (Zakon o socijalnoj zaštiti), a parent who is not employed and has directly cared for at least 15 years for a child with a recognised increased allowance may obtain a special cash benefit equal to the lowest pension on reaching the pensionable age, if they have not obtained a pension.