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The Constitutional Court, acting ex officio, found that the Parliament had infringed the Fundamental Law by failing to regulate the conditions of eligibility for disability allowance for persons with a permanent or final communication disability (speech impairment) who are unable to live independently or who need the permanent assistance of others. In the case underlying the petition, the petitioner suffers from a disease that limits his ability to communicate, for which he applied for disability benefits to the district office of the competent government office, which rejected his application. The petitioner then turned to court, but his claim was rejected there too. According to the petition, section 1 (2) of Government Decree 141/2000 (VIII. 9.) on the rules for the classification and review of severe disability and the payment of disability allowance, which sets out the rules for the classification and review of severe disability and the payment of disability allowance, violates the requirement of equal treatment by placing persons with speech disabilities in a more disadvantaged position compared to other categories of disability. In his constitutional complaint, the petitioner requested a declaration that the contested court decision and the provision of the government decree referred to were contrary to the Fundamental Law and asked for their annulment. In its decision, the Constitutional Court explained that the Fundamental Law provides for the right to support in case of “disability”. This includes communication impairment as well if it severely limits or hinders effective and equal participation in society. There is no reason why persons with such a disability should automatically, without any possibility of an actual assessment of their condition, be completely excluded from entitlement to disability benefit, even though there is currently (among others, because of the contested government regulation) no form of benefit for such persons. This is not compatible with the equality clause of the Fundamental Law. The lack of regulation results in discrimination between people living with disabilities who have a similar serious condition and are therefore in a comparable situation in relation to their condition. The Constitutional Court, acting ex officio, establishes that there is a conflict with the Fundamental Law manifested in an omission as the law-maker had failed to regulate the conditions of eligibility for disability allowance for persons with a permanent or final communication disability (speech impairment) who are unable to live independently or who need the permanent assistance of others. The Constitutional Court, therefore, called upon the Parliament to comply with its legislative duty by 31 December 2023.