Supreme Court ruled: Subsidizing tuition in daycare centers will be paid until the end of the year

The Supreme Court has unanimously ruled that the transitional provision that was determined in relation to the application of the support tests for subsidizing tuition in daycare centers - according to which the students' families will benefit from the tuition subsidy only until the middle of the current school year - is inconsistent with the rules of law.
Procedures. In the majority opinion, it was determined that these rules require that the transitional provision be extended in such a way that the families will continue to enjoy the subsidy, in accordance with the criteria that were customary until now, until the end of the current school year.
The petitions concern the new support tests for subsidizing tuition fees in day care centers, which were officially published on August 19, 2021, ten days after Rosh Chodesh Elul - the date of the start of the school year in the ultra-Orthodox institutions. The new support tests state that families in which only the mother works or studies, while the father devotes his life to the Torah (the families of the students), will no longer benefit from the tuition subsidy in day care centers. The new support tests constitute a change in the long-standing policy according to which the families of the students benefited from the subsidy of tuition in the day care centers. In the support tests, a transitional provision was made according to which the old support tests (in which the students' families benefited from the tuition subsidy for day care centers) will continue to apply in parallel with the new support tests until 31.10.2021 (during the petition hearing this date was extended to 31.12.2021).
The Supreme Court held that no one has a vested right to receive a subsidy from the state even if it has been granted to him in the past. The daycare subsidy, like any other subsidy, reflects the national priorities and worldview of the government, which can never change. However, administrative law recognizes the governmental obligation to prescribe a transitional provision in cases where it is necessary in order to protect the legitimate interest of the citizen. This duty, as part of the duty of fairness of the government, applies in full force in cases where the subsidy is directly related to the core of the life of the citizen who plans his life and family life relying on the subsidy he receives will not be abolished Economically and adversely change his basic life patterns, without allowing him to prepare for the new reality.
In our case, the study framework is for many families the basis, or "anchor", around which the family plans its life for the entire school year. The high cost of day care centers means that in many cases the family budget for the school year is built around the tuition fees in the day care centers. The cessation of the subsidy in the established outline does not allow the families of the students sufficient time to prepare for the change that will be caused to their lifestyle and may harm the toddlers. These considerations are not given sufficient weight, and therefore it was unanimously determined that the transitional provision in its current form cannot stand.
 With regard to the remedy, it was decided by a majority of opinions (Justice E. Grosskopf and Justice A. Stein) that the old support tests will continue to apply in parallel with the new support tests until the end of the current school year (5722). Of the majority judges, however, believed that the proper remedy is to order that the old support tests continue to apply until another decision of the ministers, made within 30 days, and which will give its opinion on the complexities presented in the judgment.