Regulation Of The Minister Of Labour And Social Policy Dated 9 January 2009 On The Refund Of Social Security Contributions Of People With Disabilities

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 9 stycznia 2009 r. w sprawie refundacji składek na ubezpieczenia społeczne osób niepełnosprawnych

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On the basis of article. 25 d of paragraph 1. 4 of the Act of 27 August 1997 on the professional and social rehabilitation and employment of persons with disabilities (Journal of laws 2008 No. 14, item 92, as amended. 2)) are managed as follows: § 1. The regulation defines: 1) the specific terms and conditions for the provision and transmission of social insurance contributions refund, hereinafter referred to as the "refund of premiums", a person with a disability to performing an economic activity, a disabled farmer and farmer principal to pay contributions for a disabled household member, hereinafter referred to as "applicants";

2) the deadline for submission and model application referred to in article 2. 25 c of paragraph 1. 1 of the Act of 27 August 1997 on the vocational rehabilitation and social and employment of persons with disabilities, hereinafter referred to as "the Act", and the list of documents attached to the application;

3) the requirements which must be fulfilled by the applicant supplying documents in electronic form via remote data transfer.

§ 2. Specifies the pattern of the application for payment of the refund of premiums: 1) a disabled person performing an economic activity, with the symbol Wn-U-G, which is Appendix 1 to regulation, hereinafter referred to as "request Wn-U-G";

2) a disabled farmer or farmer obliged to pay contributions for a disabled household member, symbol Wn-U-A, annex 2 to the regulation, hereinafter referred to as "request Wn-U-A".

§ 3. [1] the refund of premiums is granted as de minimis aid which fulfils the conditions laid down in Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of article. 107 and 108 of the Treaty on the functioning of the European Union to de minimis aid (OJ. EU L 352 of 24.12.2013, p. 1) or Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of article. 107 and 108 of the Treaty on the functioning of the European Union to de minimis aid in the agriculture sector (OJ. EU L 352 of 24.12.2013, p. 9) or in the relevant provisions of European Union law on de minimis aid in the fisheries and aquaculture sector.

§ 4. [2] (repealed).

§ 5. [3] (repealed).

§ 6. 1. A disabled person engaged in an economic activity shall submit an application in Wn--G within the last day of the month in which the period to the payment of social security contributions, in accordance with the provisions of the social insurance system.

2. Disabled the farmer or farmer shall be obliged to pay contributions for a disabled household member shall submit an application Wn-U-and within 20. day of the month following the month in which the contributions were made in a timely manner for a given quarter, in accordance with the provisions of the social insurance of farmers.

§ 7. 1. A disabled person engaged in an economic activity shall forward to the State Fund for rehabilitation of disabled persons, hereinafter referred to as "the Fund", together with the first proposal, the Wn-U-G: 1) the data of the applicant including: a) the full and abbreviated name, as long as it has, and the name of the applicant, b) numbers: social security NUMBER, and TAX IDENTIFICATION NUMBER, as long as their giving is apparent from the provisions of the law, c) the address of the residence of the applicant, d) mailing address, if different than residence address , e) your first and last name, telephone and fax numbers, and e-mail address, if it has, of the person responsible for contacts with the Fund;

2) copies of the current evidence of full and abbreviated name of the applicant, in so far as it has, first and last name of the applicant and the numbers REGON and NIP, as long as their giving is apparent from the provisions of the law;

3) a copy of the current decision on disability or of a decision on disability or treated on a par with this decision;

4) the submitter's authorization data or documents referred to in paragraphs 1 to 3, to act on behalf of the applicant.

2. Disabled the farmer or farmer shall be obliged to pay contributions for a disabled household member shall send to the Fund, together with the first proposal, the Wn-U-A: 1) data about the applicant containing: a) the name and the name of the applicant, b) numbers: SOCIAL SECURITY and TAX IDENTIFICATION NUMBER, as long as their giving is apparent from the provisions of the law, c) the address of the residence of the applicant, d) mailing address, if different than residence address, e) the first name, last name, telephone and fax numbers, and e-mail address , as long as it has, the person responsible for contacts with the Fund;

2) copies of the current evidence of the name and surname of the applicant and the VAT number, if its giving is apparent from the provisions of the law;

3) a copy of the current decision on disability or of a decision on disability or treated on a par with that decision disabled a farmer or a disabled household member;

4) [4] a copy of the decision or other evidence are subject to social insurance of farmers, containing an indication of the contribution payer, and title insurance, issued: a) until 31 December 1990 by the Office of the municipality, or (b)) by the President of the Agricultural Social Insurance Fund;

5) the submitter's authorization data or documents referred to in paragraphs 1 to 4, to act on behalf of the applicant.

§ 8. 1. an applicant intending to submit in electronic form application Wn-U-G or U-Wn-request and receive from the Fund ID and password to access the program information provided by the Fund within 14 days from the date of filing of the application in the form of a written record.

2. the applicant exporter request Wn-U-G or Wn-U-and in electronic form authenticates these documents electronic signature verified by using a qualified certificate, on the principles set out in the Act of 18 September 2001 on electronic signatures (OJ No 130, poz. 1450, as amended. 3)), or a certificate delivered by the Fund.

3. the official receipt of the document in electronic form transmitted by using the personal data shall be in accordance with the provisions relating to the conditions of organizational and technical service of electronic documents public entities.

4. the applicant referred to in paragraph 1. 2:1) record in it the certificate referred to in paragraph 1. 2;

2) shall promptly inform the Fund about a) opt out of the submission of documents in electronic form, (b)) the loss or suspicion of signature-creation data.

§ 9. Time limits for submission of the application in the application-G and Wn-Wn-U-and restores on the request of the applicant, if it is probable that that failure has occurred without his fault.

§ 10. After receipt of the request in the application-G or Wn-Wn-U-Fund: 1) checks it in terms of accounting and formal, and, within 14 days from the date of receipt of the application, inform the applicant of the application complete and correctly filled or inform the applicant of the identified irregularities regarding the request and calls for their removal, along with instructions to leave the application without consideration for their failure;

2) shall determine whether the applicant has a backlog in commitments to the Fund in excess of the total amount of 100 PLN;

3) shall determine the amount of the applicable refund contributions;

4) passes a fixed amount of the refund of contributions to the bank account indicated by the applicant;

5) issues a certificate of grant de minimis aid.

§ 11. The applicant shall use the refund of premiums keeps documentation that allows you to check the compatibility of the aid with the provisions of the regulation for a period of 10 years from the date of granting of the aid.

§ 12. The provisions of § 7 and § 8 paragraph 1. 4 paragraph 1 does not apply to applicants who first passed the required information before the date of entry into force of the regulation on the basis of existing legislation.

§ 13. Refunds of contributions under the conditions and in accordance with the regulation grants, from premiums paid: 1) for the month of January 2009-by disabled people carrying out economic activity;

2) for the first quarter of 2009.-disabled farmers or farmers obliged to pay contributions for a disabled household member.

§ 14. [5] Regulation shall apply until 30 June 2021.

§ 15. The regulation shall enter into force on the date of the notice. 4) 1) Minister of labour and social policy directs Government Administration Department-social security, on the basis of § 1 para. 2 paragraph 2 of the regulation of the Prime Minister of 16 November 2007 on the detailed scope of the Minister of labour and social policy (OJ No 216, 1598).

2) Changes the consolidated text of the said Act were announced in the journal of laws 2008 No. 223, item. 1463, # 227. 1505 & # 237. 1652 and 2009 # 6, item. 33.3) a change in the said Act were announced in the journal of laws of 2002 No. 153, item. 1271, 2003 No 124, item. 1152 and # 217. 2125, 2004 No. 96, item. 959, 2005 No. 64, item. 565 and 2006. # 145, item. 1050.4) on the date of entry into force of this Regulation shall be repealed the Ordinance of the Minister of labour and social policy of 13 December 2007 on the refund of social security contributions of persons with disabilities (Journal of laws No. 240, 1754 and 2008 # 61, item 382 and # 207, POS. 1304), preserved in force pursuant to article. 9 of the Act of 5 December 2008 amending the law on professional and social rehabilitation and employment of disabled persons (Journal of laws No. 237, poz. 1652).

Annex 1. [MODEL-Wn-U-G]

The annexes to regulation of the Minister of labour and social policy of January 9, 2009 (42)


Appendix 1 MODEL-Wn-U-G [6] Annex 2. [MODEL-Wn-U-A]

Appendix 2 MODEL-Wn-U-A [7] [1] § 3 is added to be determined by § 1 paragraph 1 regulation of the Minister of labour and social policy dated 24 June 2014, the amending Regulation on refund of social security contributions of people with disabilities (OJ. 853). The change came into force on June 30, 2014.

[2] § 4 repealed by section 1 of paragraph 2 of the regulation of the Minister of labour and social policy dated 24 June 2014, the amending Regulation on refund of social security contributions of people with disabilities (OJ. 853). The change came into force on June 30, 2014.

[3] § 5 repealed by section 1 of paragraph 2 of the regulation of the Minister of labour and social policy dated 24 June 2014, the amending Regulation on refund of social security contributions of people with disabilities (OJ. 853). The change came into force on June 30, 2014.

[4] § 7 para. 2 paragraph 4 as amended stipulated by § 1 paragraph 3 regulation of the Minister of labour and social policy dated 24 June 2014, the amending Regulation on refund of social security contributions of people with disabilities (OJ. 853). The change came into force on June 30, 2014.

[5] § 14 as amended stipulated by § 1 paragraph 4 of the regulation of the Minister of labour and social policy dated 24 June 2014, the amending Regulation on refund of social security contributions of people with disabilities (OJ. 853). The change came into force on June 30, 2014.

[6] see Appendix 1 in the version agreed by § 1 paragraph 5 of the regulation of the Minister of labour and social policy dated 24 June 2014, the amending Regulation on refund of social security contributions of people with disabilities (OJ. 853). The change came into force on June 30, 2014.

[7] Appendix 2 in the version set by § 1 paragraph 5 of regulation of the Minister of labour and social policy dated 24 June 2014, the amending Regulation on refund of social security contributions of people with disabilities (OJ. 853). The change came into force on June 30, 2014.

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