According to the shahrebours, The question raised in this regard states: Regarding children who are placed under guardianship in accordance with the Law on the Protection of Unaccompanied and Abused Children and Adolescents of 1392, please answer the following questions: 1- Is it possible to separate the aforementioned child and adolescent subsidy in accordance with the Executive Regulations of Article 7 of the Law on Targeting Subsidies of 1389? In other words, is it possible to deposit the household head subsidy, which is considered as the child’s share, into the account of the new guardians? 2- Does taking action in this regard require submitting a petition or is this possible simply by an administrative order of the court or by individuals visiting the police offices +10 after the guardianship order has been issued and is it final? 3- If the answer is positive, should the subsidy be deposited into the account of the new guardians or should it be deposited into the account of the child or adolescent under guardianship?

Advisory Opinion of the General Legal Department of the Judiciary:

1- Although Section “A” of Article 7 of the Law on Targeting Subsidies, approved in 2009, with subsequent amendments and additions, provides for the payment of subsidies to the head of the household; however, Note 2 of the same article prescribes the opening of a subsidy targeting account in the name of the head of the eligible families or another qualified person determined by the government; Article 9 of the Executive Regulations of Article 7 of the Law on Targeting Subsidies, approved on 1/31/1389 by the ministers who are members of the Working Group for Reviewing the Regulations of the Law on Targeting Subsidies, also provides for the deposit of the contributions subject to the law into the account of another guardian at the discretion of the Subsidies Targeting Organization in cases such as the head of the household’s addiction to drugs, imprisonment, the absence of the guardian at the household’s place of residence, the incompetence of the head of the household, and also in the case of people who are kept in daycare centers and do not have a guardian; Accordingly, and in accordance with Article 17 of the Law on the Protection of Unaccompanied and Abused Children and Adolescents of 2013, which considers the guardian’s duty towards the child or adolescent in terms of maintenance, upbringing, and maintenance to be the same as the duties of parents towards their children, and in accordance with Note 6 of the Executive Regulations of the aforementioned law, approved on 19/4/1394 by the Council of Ministers with subsequent amendments and additions, which considers the child or adolescent under guardianship to be part of the family under the care of the sole guardian or guardians and has stipulated that from the time of the probationary guardianship order, the child or adolescent will enjoy all legal benefits in accordance with the relevant laws and regulations, as the case may be, it is possible to deposit the subsidy for unaccompanied and abused children and adolescents into the account of their next guardian from the time of the issuance of the probationary guardianship order. 2 and 3- In the case mentioned in the previous paragraph, when the new guardian of the child or adolescent under supervision applies to the Subsidy Targeting Organization and in accordance with the relevant regulations and instructions, the child or adolescent subsidy will be deposited into the account of the said guardian, and there is no need to go to court and issue a ruling; unless the organization refuses to accept the new guardian’s request without legal reason, in which case he can refer to the competent authorities to oblige the organization, and in any case, in accordance with Note 2, Article 7 of the Subsidy Targeting Law approved in 2009 with subsequent amendments, the subsidy will be deposited into the account of the guardian of the child or adolescent under supervision, and there is no legal reason for depositing the subsidy into the account of the child or adolescent under supervision.