Republic Act No. 11861: Expanded Solo Parents Welfare Act

On 04 June 2022, Republic Act No. 11861 (R.A. 11861), otherwise known as the “Expanded Solo Parents Welfare Act” lapsed into law. This law amends Republic Act No. 8972 (R.A. 8972) or “Solo Parents’ Welfare Act of 2000” and grants additional support and benefits to solo parents in keeping with the policy of the state to promote social justice. 

The significant amendments brought about by R.A. 11862 are as follows:

1. Categories of Solo Parent
   
   Under the new law, the coverage of Solo Parents is expanded to include the spouse or any family member of a low/semi-skilled Overseas Filipino Workers (OFW) who is away from the country for an uninterrupted period of twelve (12) months. The coverage also includes solo grandparents who have sole parental care over their grandchildren. 
   
   The law reduces the period before a person can qualify to become a solo parent due to abandonment and legal separation from one (1) year to six (6) months. Additionally, the period of detention or sentence of a spouse for a criminal conviction is also reduced from one (1) year to three (3) months to become a solo parent.
   
   
2. Comprehensive Package of Social Protection Services
   
   Under Section 5 of RA 11862, the Department of Social Welfare and Development (“DSWD”) Secretary, in coordination with the heads of several government agencies, civil society organizations, and nongovernmental organizations (NGOs), shall develop a comprehensive package of social protection services for solo parents and their families.
   
   
3. Parental Leave and Telecommuting Programs
   
   Under Section 7 and 8, a solo parent is now entitled to a forfeitable and cumulative parental leave of not more than seven (7) days as long as they have worked for at least six (6) months, as compared to the old law wherein they must render one (1) year of service. Solo parents will also be given priority in a telecommuting program, as provided in Republic Act 11165 or the “Telecommuting Act.”
   
   
4. Educational Benefits
   
   RA 11862 shall also provide that scholarship programs will be given to solo parents and a full school scholarship for one (1) child of a solo parent in institutions of basic, higher, and technical vocational skills education as long as they meet the qualifications of the program. Priority shall also be given to other children of the solo parent, if any, in accordance with the law. 
   
   Under the same section, the children must be (i) dependent on the solo parent for support, (ii) unmarried, (iii) unemployed, and (iv) 22 years old and below.
   
   
5. Child Minding Centers
   
   Under Section 10, the Department of Labor and Employment and the Civil Service Commission shall encourage the establishment of Child-Minding Centers. These are facilities or areas provided by the employer in the workplace or in accessible locations to solo parent or workplace of the guardian where the children of the solo parent aged seven (7) and below are habitually received for care and supervision.
   
   
6. Social Safety Assistance
   
   Under Section 14, solo parents and their children shall be entitled to social safety assistance, such as food, medicine, and financial aid during disasters, calamities, pandemics, and other public health crises as declared by the Department of Health.
   
   
7. Additional Benefits
   
   Under Section 15, additional benefits added in the new law are listed as follows: 
   
   
   1. A cash subsidy of P1,000 per month for solo parents earning minimum wage and below; 
      
      
   2. A ten percent (10%) discount and value-added tax (VAT) exemption on baby’s milk, food, supplements, and diapers until the child is 6 years old for solo parents earning less than P250,000;
      
      
   3. Automatic overage under the National Health Insurance Program (NHIP) with premium contributions to be paid by the National Government;
      
      
   4. Prioritization of solo parents, especially solo mothers in re-entering the workforce, and their children as applicable, in apprenticeships, scholarships, livelihood training, reintegration programs for OFWS, employment information and matching services, and other poverty alleviation programs;
      
      
   5. Preference in low-cost housing projects and liberal terms of payment. 
   
   
8. Solo Parents Database
   
   Under Section 18, the DSWD and Department of Interior and Local Government shall set up a centralized database of all solo parents who have already been issued solo parent identification cards (SPIC) or booklets. Solo parents may apply for the issuance of a SPIC to be able to avail of the benefits under this law by submitting the necessary documentary requirements.
   
   
9. Protection for Abused, Abandoned, Neglected, and Adolescent Solo Parents
   
   Section 22 provides that solo parents who have been abused, abandoned, or neglected by his or her co-parent may seek the help of the DSWD, who shall coordinate with the respective barangay officials and/or police officers. If the alleged abusive co-parent is gainfully employed, the abused, abandoned, or neglected parent shall have the right to retain a portion of the former’s income for the support of the child. 
   
   The subsequent section extends assistance to adolescent solo parents, including victims of child marriages. He or she may seek assistance from the DSWD and DOH for the purpose counseling and other services.