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Social services

3.1                  Introduction
 
In Poland individuals who are in difficult situation can count on some support to overcome their problems and reach independence. Institutions that are competent in terms of providing with such support are social service offices and poviat centres for family support (PCPR). Available forms of support are: financial, material or special (psychological, legal, counseling).
 
3.2                  Legal acts
 
Rules that apply to granting social services for foreigners are regulated in the following legal acts:
 
-                    Act of 13 June 2003 on providing foreigners with protection on the territory of the Republic of Poland (Journal of Law of the Republic of Poland 2003 No 128, item 1176 with changes) – http://isap.sejm.gov.pl/DetailsServlet?id=WDU20031281176,
-                    Act of 12 March 2004 on social services (J.L. 2008 No 115, item 728) – http://isap.sejm.gov.pl/DetailsServlet?id=WDU20081150728,
-                    Ordinance of the Minister of Labour and Social Policy on providing foreigners who possess a status of refugee or were granted subsidiary protection with support on the territory of the Republic of Poland (J.L 2009 No 45, item 366) – http://isap.sejm.gov.pl/DetailsServlet?id=WDU20090450366 .
 
3.3                   Who is eligible for social services in Poland?
 
Social services are granted for persons and families who are dealing with such problems as:
-                    poverty,
-                    orphan-hood,
-                    homelessness,
-                    unemployment,
-                    disability,
-                    long-term or serious illness,
-                    domestic violence,
-                    a need for protection of a victim of trafficking in human beings,
-                    a need for protection of maternity and families with numerous children,
-                    difficulty in integration of foreigners who were granted a status of refugee in Poland or subsidiary protection,
-                    alcoholism or drug addiction,
-                    fate accidents and critical situations,
-                    natural calamity or ecological catastrophe.
 
Social services in Poland, unless international agreements regulate it in a different way, are granted for foreigners who:
·         are residing in Poland on the basis of:
- a permit to settle,
- a long-term residents' EC residence permit,
- a residence permit for a fixed period issued in virtue of a fact that they were granted a long-term residents' EC residence permit in another country and are planning to work or perform economic activities according to Polish regulations in that matter, begin or continue studies or vocational training, or if they prove that circumstances that justify their stay on the territory of Poland,
- a status of refugee or subsidiary protection.
·         are residing in Poland on the basis of a permit for tolerated stay – social services are granted to provide such foreigners with: a shelter, food, necessary attire and purpose allowance,
·         are the EU citizens or citizens of countries associated in the European Free Trade Association (EFTA) – parties of an agreement on European Economic Area or Swiss Confederation. Services are granted for their family members who have a right to reside or to reside permanently on the territory of Poland. Family members can be: a spouse, a child under 21 years of age being supported by an EU citizen or his/her spouse, parent, parent-in-law being supported by an EU citizen or his/her spouse.
·         are victims of trafficking in human beings. Such foreigners are granted a right for benefits such as: critical intervention, shelter, food, necessary attire and purpose allowance. Services are granted for those who stay on the territory of Poland, cooperate with an organ conducting proceedings in a case of trafficking in human beings and who have broken off all the contacts with persons suspected of conducting criminal deeds defined as trafficking in human beings.
 
3.4 Social services granted
 
Information about social services for refugees or foreigners granted subsidiary protection – see chapter Support for refugees and foreigners granted subsidiary protection.
 
Information about social services for foreigners applying for a status of refugee – see chapter Support for foreigners applying for a status of refugee.
 
The below presented information refers to remaining foreigners.
 
In order to be granted social services a foreigner should call at a centre for social services in his/her commune. A social worker conducts a family interview. A decision upon granting social services can be referred to an organ and within a period that should be defined in a particular decision.
 
a)      financial benefits – is granted for persons of low income. In a case of a person who is running a one-person household an income cannot exceed 477 zlotys and in a case of a person in a family – 351 zlotys per person.
·         Constant allowance – is meant for persons entirely incapable of working due to their reached age or disability. It can be granted for persons who possess a certificate stating a degree of their disability or inability to work,
·         periodic allowance – a period for which a benefit is granted is defined by a commune authorities,
·         purpose allowance and special purpose allowance – they aim to satisfy basic existence needs. They are used to buy food/fuel/medicines/clothes etc. Special purpose allowance can be granted in exceptional situations for a person/family whose income is higher than 477/351 zlotys,
·         allowance and a loan to reach economic independence – can be granted in a financial or material (tools, machines etc.) form,
·         support for foster families,
·         support to reach independence and continue education.
 
 
b) non-financial benefits:
·         shelter, food, attire,
·         covering the costs of a funeral,
·         counseling (legal, psychological, family) and institutional support – granted regardless to an individual's income.
 
Persons who use social services benefits are obliged to cooperate with social services centre. They can also be obliged to realize a social contract that is signed by a person applying for support. Rights and obligations of each party of an agreement are defined there and refer to actions performed to overcome difficult situation of a given person or family. Financial benefits are granted for persons and families who meet so called income criteria. That means that it can only be granted for those who have the lowest income.
 
3.5 Support for foreigners applying for a status of refugee
 
Social services for foreigners applying for a status of refugee consists of:
·         services provided in centres for refugees:
- accommodation,
- daily nourishment or financial equivalent (for children under 3 years of age or attending pre-school/school)
- pocket change for little self-expenses
- permanent financial support to buy supplies for cleaning and personal hygiene,
- one-time financial support or a voucher to buy clothes and shoes,
- Polish language lessons and necessary materials,
- didactic supplies for children receiving public education,
- covering costs of after-school recreational and sport activities for children,
- financing public transportation on order to take part in proceedings of granting a status of refugee, at times of treating/protective injections or other exceptional cases,
·         or instead of services provided in centres – financial benefits granted outside centres to cover the costs of residence in Poland.
 
Financial benefits are granted in justified circumstances (for instance when it is necessary to guarantee safety or to keep family ties.
An application for social services in a form of financial benefit is decided upon by the Head of the Office for Foreigners and he is also to decide when to terminate such support. Social services for for applying for a status of refugee are granted for the period of proceedings in a case and 2 months after a day the final decision is received by a particular foreigner (or 14 days if proceedings is discontinued).
 
In a case of willing to return to the country of origin social services are granted until the day on which a foreigner is planning to leave.
 
The above described forms of services do not apply to persons who:
-        stay on the territory of Poland due to a residence permit for a fixed period, a permit to settle or a long-term residents' EC residence permit,
-        stay in a care-educational institution,
-        stay in a guarded facility or detention facility to be expelled,
-        are in temporary detention or are sentenced for deprivation of freedom.
In cases different than the above described ones this kind of support cannot be granted after 2 months from the moment a decision on granting or non-granting a status of refugee is received (or 14 days if proceedings is discontinued).
-        are granted subsidiary protection,
-        stay on the territory of Poland on the basis of a permit for tolerated stay.
 
Support to voluntary return consists of:
-        covering the costs of tickets to travel by the cheapest possible way of public transportation to a country of a foreigner's choice that he/she has the right to enter,
-        covering administrative costs referred to obtaining required visas and permits,
-        covering the costs of food for the time of a trip.
A decision about supporting in voluntary return is issued by the Head of the Office for Foreigners who is also responsible for organizing voluntary return. Support is also provided by the International Organizations for Migration (IOM) – www.iom.pl .
 
A foreigner can be deprived of social services in a case of severe violation of rules of social cooperation while staying in a centre for refugees. A decision to do so is made by the Head of the Office for Foreigners and can be referred to. Social services can also be discontinued if a foreigner who uses support is not present in a centre for a period longer than 3 days, it is discontinued until the moment of return.
 
3.6 Support for refugees and foreigners granted subsidiary protection
 
It mainly refers to a support to integrate with society. Such foreigners can call to a poviat centre for family support (PCPR) in their area and request for such support. An application can be submitted within 60 days from the moment of being granted a status of refugee or subsidiary protection.
 
An application should consist of:
-        a declaration stating a foreigner's willing to settle on the territory of a given voivodship,
-        a statement saying that no application of this kind was submitted in any other voivodship,
-        statement on readiness to join an agreed on integration program
 
An application should be also enclosed with documents that confirm granting of a status of refugee or subsidiary protection.
 
A foreigner is eligible for financial benefits to support him/herself and to cover the costs connected with learning the Polish language. Such benefits are equal:
- for the first 6 months:
- up to 1175 monthly for one-person households,
- up to 70% of the above amount per person in two-member families,
- up to 60% of the above amount per person in three-person families,
- up to 50% of the above amount per person in four-member families.
 
- between the 7th and 12th month an amount is equal 90% of relevant amounts listed above.
 
A progress that a refugee or a foreigner granted subsidiary protection is making in terms of integration is monitored and evaluated by a social worker. What is taken into consideration are especially: how they are dealing with learning the Polish language, looking for work, functioning in a society.
 
Foreigners married to Polish citizens are not eligible for support to integrate.