In Poland the state supports families that are in a difficult situation because of, for example, low financial income or disability of one of the family members, in that also a child. There are several kinds of family benefits:

-        a family allowance and additional allowances,

-        nursing-related benefits – a nursing allowance and a nursing benefit,

-        a one-time allowance after a childbirth,

-        an allowance paid by a commune after a childbirth (rules of which are established by each commune individually, additional information can be found in a particular commune office),

 

Authorities of a commune in which a particular family is living are competent to accept applications and issuing decisions in each case. Therefore requests to define a particular family's right to obtain a benefit should be submitted to a commune office where family is currently living. The realization of family benefits is conducted usually by commune or municipal office for social services (GOPS or MOPS)

 

Family benefits are regulated in the following legal acts:

 

-        Act of 28 November 2003 on family benefits (Journal of Law of the Republic of Poland 2003 No 228, item 2255 with changes) – http://isap.sejm.gov.pl/DetailsServlet?id=WDU20032282255,

 

-        Ordinance of the Council of Ministers of 11 August 2009 on an amount of income of a family or income of a person receiving education that is the basis for applying for family benefits and on amounts of family benefits (J.L. 2009 No 129, item 1058 - http://isap.sejm.gov.pl/DetailsServlet?id=WDU20091291058.

 

 

Foreigners are eligible for family benefits if they are:

-        citizens of the EU countries. In this case regulations on coordination of social services systems are used. The rules of such coordination can be read about at http://www.mpips.gov.pl/index.php?gid=57. A list of necessary forms to use social services for the EU citizens can be found at http://www.mpips.gov.pl/index.php?gid=58.

-        subject to bilateral contracts on social security (currently this applies to citizens of Canada, the USA and Macedonia) – benefits are granted on the basis of the rules defined in such contracts,

-        residing on the territory of Poland together with their family members on the basis of:

- a permit to settle,

- a long-term residents' EC residence permit,

- a residence period for a fixed period granted to a foreigner who has a long-term residents' EC residence permit that was granted in another EU country and a foreigner wants to perform work or economic activities according to the Polish legal regulations, begin or continue studies or vocational training or if he/she has proved that there are other circumstances that justify his/her stay on the territory of Poland,

-        granted a status of refugee or subsidiary protection.

 

A condition that has to be fulfilled in order for foreigners to be granted family benefits is the fact that they are residing in Poland at the time. Foreigners who are living abroad will not be granted benefits unless regulations on coordination or international bilateral contracts set up different rules in this matter.

 

It is worth knowing the frames of a benefit period that is a period within which family benefits are granted. This period is – according to the regulations valid until November 1, 2009 – from September 1 till August 31 of the next calendar year. From November 1, 2009 on this period lasts from November 1 till October 30 of the next calendar year.

 

 

Families that have low income can be subject to obtaining survivor-ship pension. It is granted to partly cover the expenses connected with maintenance of a child. The following persons are eligible for this kind of benefit:

-        parents (also one parent or a legal guardian of a child appointed by a court)

-        a factual guardian of a child (a person who is taking care of a child and has requested to a court to be appointed as a guardian),

-        a person receiving education (a person who is over 18 years of age and is receiving education and not being maintained by parents who either died or are obliged by a court to pay their dues),

 

A condition to be granted a family allowance is an amount of a monthly income of a particular family per one family member (or a monthly income of a person receiving education) that does not exceed 504 zlotys. If one of family members is a child with disability certified by a court (in that also a considerable degree of disability) a family allowance can be granted if an income does not exceed 583 zlotys.

 

A certificate that confirms an amount of income is issued by a proper fiscal office.

 

Defining an income of a family per one member is quite complicated but general rules are as below described.

 

An income of a family is an average monthly income gained by family members in a calendar year prior to a benefit period. Average income of all family members (usually a married couple) is added and then divided by a number of all family members (a married couple and children – in that also children who reached the age of 25 with disability certified by a court if a family is eligible for a nursing benefit because of that; children being taken care of by a guardian appointed by a court as well as children who are married or have their own child are not considered family members in this case). Usually family members who are living together are taken into consideration. A pattern of a suitable certificate can be found at the website of the Ministry of Labour and Social Policy - http://www.mpips.gov.pl/index.php?gid=318.

 

A survivor-ship pension can be granted until:

-        a child completes 18 years of age, or

-        a child completes education but not longer than until completion of 21 years of age, or

-        a child completes 24 years of age if he/she continues education at school or university and possesses a medical certificate stating a moderate or considerable degree of disability.

 

An amount of a survivor-ship pension is equal monthly:

-        68 zlotys for a child under 5 years of age,

-        91 zlotys for a child aged between 5 and 18 years,

-        98 zlotys for a child aged between 18 and 24 years.

 

A survivor-ship pension cannot be granted if:

-        a child/a person receiving education is married,

-        a child/a person receiving education stays in a foster family or in an institution providing full-time maintenance (for example foster home, detention facility for juveniles or correctional facility for juveniles),

-        an adult child/a person receiving education is subject to a survivor-ship pension for his/her own child,

-        a person who maintains a child alone and there was no alimony benefit decided upon by a court to be paid by a child's parent (unless parents or one parent died, a father of a child is unknown, a request for alimony payment was rejected, or a court put an obligation to cover the costs of maintenance of a child on one parent and took it off the other parent).

-        a family member is eligible for a survivor-ship pension abroad (unless regulations on coordination or international bilateral contracts regulate it in a different way – for more information see chapter 3.7 useful links).

 

A survivor-ship pension can be extended with additional allowances in virtue of:

-        a childbirth – it can be granted to a parent or a statutory guardian of a child, is granted once and is equal 1000 zlotys per child being born or adopted,

-        taking care of a child during a parental leave -  it can be granted for not longer that 24 months unless more than one child was given birth to at the same time or a child has a medical certificate stating disability or considerable degree of disability. In such cases allowance is granted relevantly for up to 36 or 72 months. Its amount equals 400 zlotys.

-        maintaining a child by a single parent – only if there was no alimony obligation put on another parent – because one of the parents died, a father is unknown or a request for alimony payment was rejected. The amount of an allowance equals 170 zlotys monthly per one child but not more that 340 zlotys for all children. In a case of confirmed disability an amount raises by 80 zlotys per child but not more than 160 zlotys for all children.

-        maintaining a child in a multi-child family (three or more children) – an amount of an allowance equals 80 zlotys monthly for a third and a next child that are eligible for a survivor-ship pension

-        education or rehabilitation of a disabled child – an allowance is granted until a child reaches 16 years of age if possesses a certificate of disability. It can also be granted if a child is between 16 and 24 years of age if he/she possesses a certificate of disability or a considerable degree of disability. An amount of an allowance is equal 60 zlotys monthly for children under 5 years of age and 80 zlotys for children between 5 and 24 years of age,

-        a school year commencement – this allowance is also for children beginning education in “0” grade (zerówka). It is paid once a year and its amount is equal 100 zlotys per a child,

-        receiving education by a child outside his/her permanent residence -  it is granted between September and June and is for children who have to commute to school. Its amount is equal 90 zlotys monthly per a child if a child lives in a town where a schol is located or 50 zlotys monthly per a child if a school is located in another town.

 

Relevant patterns of requests to define a right to obtain a survivor-ship pension and other allowances as well as other benefits can be found at the website of the Ministry of Labour and Social Policy – http://www.mpips.gov.pl/index.php?gid=318.

 

 

A one-time allowance after a childbirth is eligible for a parent, a statutory guardian or a factual guardian regardless to their income and is equal 1000 zlotys.

 

From November 1, 2009 on this allowance is eligible under a condition that a mother was under medical supervision from at least 10^th week of her pregnancy until a labour. This has to be stated in a proper medical document. This regulation does not apply to statutory or factual guardians.

 

In order to obtain this allowance an individual should submit a request not later than 12 months after a child was born or taken statutory/factual care of and not later than until a child reaches 18 years of age.

 

A request should be submitted with the following attachments:

-        a parent's/a guardian's identification document,

-        an act of birth of a child,

-        a written statement that an allowance has not been already paid (for example on the basis of a request submitted by the other parent).

 

 

Nursing-related benefits are: a nursing allowance and a nursing benefit.

 

A nursing allowance is granted to partly cover the expenses related to a need to provide care and help for a person who is not capable to function by him/herself. It is granted to:

-        a disabled child (a person under 16 years of age that has a certificate of disability)

-        a disabled person over 16 years of age if he/she possesses a medical certificate of disability or a considerable degree of disability if it occurred before such a person reached 21 years of age,

-        a person over 75 years of age.

 

It is not granted to persons:

-        who are staying in institutions providing full-time maintenance,

-        who are eligible for a nursing benefit,

-        whose family member is eligible for benefits abroad to cover expenses of taking care of that person (unless regulations on coordination or bilateral contracts regulate it in a different way).

 

A nursing allowance is equal 153 zlotys monthly.

 

A nursing benefit is granted if an average monthly income per one family member does not exceed an amount of 583 zlotys.

 

A nursing benefit is eligible for persons who cannot perform work activities or resign of being employed due to a necessity of taking care of a child that is not capable of taking care of him/herself.

It is then eligible for:

-                    one of the persons who are obliged to support a child financially (one of the parents/grandparents/children/siblings) or

-                    a factual guardian of a child (if he/she submitted a request to adopt this child).

 

A child that is in need of being taken care of can be in that case:

·         a child possessing a certificate confirming his/her disability (a certificate should contain recommendations for constant or long-term care or support of another person due to highly limited ability for self-care as well as a necessity for constant cooperation with a guardian in a process of treatment, rehabilitation and education); or

·         a person possessing a certificate confirming considerable degree of disability.

 

A nursing benefit is not granted if:

-        a person taking care of a child has an established right to a retirement pension, disability pension, social welfare pension, compensatory benefit for teachers or pre-retirement pension,

-        a person in need for care is married,

-        a person in need is placed in a foster family, except for foster families related to a child, in an institution providing full-time maintenance, except for medical care,

-        a family member has an established right to an early retirement pension in virtue of taking care of a person in need,

-        a family member has an established right to a family benefit in virtue of taking care of a child during a parental leave or a nursing allowance for this or another child in the family,

-        a family member has an established right to get benefits abroad to cover the costs of taking care of a child (unless relevant regulations define this matter in a different way).

 

A nursing benefit is equal 420 zlotys monthly.

 

 

Family benefits are realized by each commune authorities and by a subordinate office for social services that makes all decisions referring to applications submitted. In order to be granted a family benefit a parent, a guardian, a person receiving education or an authorized representative submits an application in a commune office.

 

Forms and patterns of applications for family benefits can be found at the website of the Ministry of Labour and Social Policy – htp://www.mpips.gov.pl/index.php?gid=318 or in a commune office.

 

There are other documents required to be enclosed to an application. Depending on a kind of benefit they can be:

Ø a certificate confirming an income per one family member that is required for income tax payment by general rules, issued by a fiscal office,

Ø certificates or statements referring to an amount of another income,

Ø a statement on declared income of persons who are obliged to pay lump sums of income tax,

Ø other certificates or statements as well as documents necessary to decide on eligibility for family benefits, in that:

- a valid ruling of a family court deciding on adoption or a certificate form a family court or adoption services about pending court proceedings to adopt a child,

- a valid family court decision on appointing a statutory guardian of a child,

- a certificate confirming a term of a parental leave.

 

In case of any change that influence the right for family benefits – for instance a number of family member or an amount of income as well as such fact as one family member living abroad – it is required to inform social services about it (as well as any other organ granting family benefits).

 

In certain cases in which some kind of uncertainties occur (for instance a family situation changes or a child is no longer maintained by a single parent) authorities of a commune can conduct an interview. It is a conversation with a person who is applying for a particular kind of benefit, with the other parent, with neighbours or a teacher of a child – people who can give important information about a child.