Article 5 of the Saudi Elderly Rights and Care Law
المادة 5 من نظام حقوق كبير السن ورعايته
The article treats an elderly person as needy if they are wholly or partly unable to secure the necessities of life because of a shortfall in their financial, physical, psychological or mental capacities.
Official text (Arabic)
This article has not been amended since the law was issued.
لأغراض تطبيق أحكام النظام، يعد كبير السن محتاجًا إذا كان غير قادر على أن يؤمّن لنفسه ضروريات الحياة كليًّا أو جزئيًّا نتيجة لقصور في قدراته المالية أو البدنية أو النفسية أو العقلية، وتحدد اللائحة الأحكام والضوابط اللازمة لذلك.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 5 explained in plain English
Many provisions of the Law do not apply to every elderly person, but to the needy elderly person. For this reason the article sets out, "for the purposes of applying the provisions of the Law", when an elderly person is considered needy, which is when two things come together:
- Inability: they are unable to secure the necessities of life for themselves, whether the inability is wholly or partly.
- The cause: the inability results from a shortfall in their financial, physical, psychological or mental capacities.
So need here is not limited to financial poverty; a person may be well off financially but physically or mentally unable to arrange the necessities of their life. Article 1 provides that care of a needy elderly person means providing their essential needs of housing, food, clothing, and health, physical, psychological, social and recreational care.
The article refers to the Implementing Regulations to set the necessary provisions and controls, so it does not state detailed criteria such as a particular income threshold. After this definition comes Article 6, which sets out which family members must support the needy elderly person. Anyone wanting to know whether a relative's situation falls within this description should consult a lawyer specializing in personal status cases and the rights of the elderly.
Practical example
Fatima is 67 and lives in Madinah. Her income is sufficient for her, but she has suffered severe physical weakness that prevents her from arranging her food and getting around. Under this article she may be considered needy despite her financial means, because partial inability to secure the necessities of life due to a physical shortfall falls within the description, subject to the controls set by the Regulations.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 5 of the Saudi Elderly Rights and Care Law
When is an elderly person considered needy?
If they are wholly or partly unable to secure the necessities of life for themselves because of a shortfall in their financial, physical, psychological or mental capacities.
Must an elderly person be poor to be considered needy?
The text is not limited to financial shortfall; it also covers physical, psychological or mental shortfall.
Who sets the controls for need?
The article provides that the Implementing Regulations set the necessary provisions and controls for it.
More articles on Definition and Rights of the Elderly
- Article 1
The article defines the key terms of the Elderly Rights and Care Law, chiefly that an elderly person is any citizen aged 60 or over.
يقصد بالألفاظ والعبارات الآتية -أينما وردت في هذا النظام- المعاني المبينة أمام كل منها: 1- النظام: نظام حقوق كبير السن ورعايته. 2- اللائحة: اللائحة التنفيذية لل
- Article 2
The article sets the goals that the Ministry of Human Resources and Social Development works to achieve, in coordination with the relevant bodies, to serve the elderly and protect their rights.
تقوم الوزارة بالتنسيق مع الجهات ذات العلاقة لتحقيق ما يأتي: 1- تمكين كبار السن من العيش في بيئة تحفظ حقوقهم وتصون كرامتهم. 2- نشر التوعية والتثقيف المجتمعي لبيا
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.