Revocation of daycare subsidy level – who bears the payment | Change of circumstances | Ask the Rabbi - SHEILOT.COM

Revocation of daycare subsidy level – who bears the payment

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Question

Hello.

He enrolled his son in a daycare on the assumption that he had a subsidy level, and even when the subsidy was revoked from all the avreichim, his subsidy level remained. He checked whether he had the subsidy and was told that he did. After a month, his subsidy was revoked retroactively. Who has to absorb the shortfall caused by the loss of the subsidy – the daycare or the avrech? It should be noted that this is a large amount, and it never occurred to anyone that an ordinary avrech would pay such a sum.

Answer

Shalom u’vracha.

The parents are obligated to pay the entire amount.

Source

The daycare certainly did not agree to forgo its share, and the fact that the parents did not agree to pay the high amount is regarded as a “mistake in the stipulated wage” (ta’ut be-ketzitza), as explained in siman 332: it is as if no stipulation was made, and one then follows the lower going rate among workers – and in the present case, the entire amount that is the market value for placing a child in a daycare.

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