Under certain circumstances, a parent is entitled to parental allowance for care of children who reside in Sweden. The provisions thereon are found in the Social Insurance Code.
In a case regarding parental allowance for care of children the question was whether a person who requires a residence permit to stay in Sweden is to be deemed to reside here even where the relevant person lacks such a permit. The case regarded a parent who was residing in Sweden and had a permanent resident permit but was denied parental allowance for the reason that the child was not deemed to reside in Sweden because the child lacked a residence permit and the parents had not applied for such a permit.
The Supreme Administrative Court concluded that a residence permit is generally a prerequisite for a person to be eligible for residency-based benefits, but that there is no requirement for a residence permit for a person to be considered a resident of Sweden under the Social Insurance Code. The court found that The Swedish Social Insurance Agency thereby had no basis for denying the parent parental allowance due to the fact that the child did not reside here.
Read the judgment here: