Regulation Of The Minister Of Labour And Social Policy Of 3 January 2013 On The Manner And Procedure In Cases Of Family Benefits

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 3 stycznia 2013 r. w sprawie sposobu i trybu postępowania w sprawach o świadczenia rodzinne

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On the basis of article. 23 paragraph 1. 5 of the Act of 28 November 2003 on family benefits (Journal of laws of 2006, no. 139, item. 992, as amended. 2)) are managed as follows: § 1. The regulation defines: 1) and procedures in cases of granting family benefits;

2) designs: a) applications for entitlement to family benefits, b) a certificate from the tax office income subject to income tax from individuals on the principles referred to in article 1. 27, 30b, 30 c and 30e Act of 26 July 1991 on income tax from natural persons (Journal of laws of 2012.361, as amended. 3)), c) statements of income family, including claims settlement persons on the basis of the provisions of the flat-rate income tax of certain revenues by individuals, and other statements and the evidence necessary to determine the rights to family benefits , d) questionnaire interview, referred to in article 2. 23 paragraph 1. 4A of the Act of 28 November 2003 on family benefits, hereinafter referred to as the "Act".

§ 2. 1. the request for the fixing of the right to family allowance and family allowance, hereinafter referred to as "the application for child allowance", is set out in annex 1 to the regulation.

2. the application for family benefits shall be accompanied, as appropriate: 1) the reduced copy of the child's birth or other document stating the age of the child;

2) judgment of disability or moderate or severe disability, where the family is bringing up a child with disabilities;

3) school certificate or a statement of the child's attendance at school-where a child under 18 years of age; model statement is set out in annex 2 to the regulation;

4) University certificate or a statement of schooling higher – in the case of the learner or the person is a turnstile with a moderate or severe disability, if a person learns in high school; model statement is set out in annex 3 to this regulation;

5) documents stating the amount of income of the family, including: a) a certificate from the tax authority or the claims of the members of the family of taxable income on the principles referred to in article 1. 27, 30b, 30 c and 30e Act of 26 July 1991 on income tax from natural persons in the calendar year preceding the period zasiłkowy; designs of the certificate and Declaration are set out respectively in annexes 4 and 5 to the regulation, (b)), claims settlement family members on the basis of the provisions of the flat-rate income tax of certain revenues by natural persons income achieved in the calendar year preceding the period zasiłkowy; model statement is set out in annex 6 to the regulation, (c)), claims of the members of the family of non-taxable income income tax from individuals in the calendar year preceding the period zasiłkowy; model statement is specified in annex 7 to the regulation, d) the certificate or declaration of family members containing information about the amount of health insurance premiums in the calendar year preceding the period zasiłkowy; model statement is set out in annex 8 to Regulation e) a certificate of the competent authority of the municipality, a payment order or a statement about the size of the agricultural holding, expressed in hectares conversion rates the General area in the calendar year preceding the period zasiłkowy; model statement is set out in annex 9 to regulation, f) lease agreement – if you donate part or all of the family farm in the lease, based on an agreement concluded pursuant to the provisions of the social insurance of farmers, or devotion to farm in the lease in connection with the downloading of the pension specified in the rules about supporting rural development with funds from the guarantee section of the European agricultural guidance and guarantee fund , g) agreement to bring ground contributions – if the farm for use by an agricultural production cooperative, h) a copy of an enforceable court decision awarding maintenance to persons in the family or outside the family, or a copy of the minutes of the sitting that contains the content of the court settlement, or a copy of the approved by the court settlement concluded before the mediator, that oblige the creditor to the people in the family or outside the family , and) money orders or cash transfers documenting height paid child support, if family members are obliged to court judgment, court settlement or settlement concluded before a mediator in their pay to a person outside the family, j) if the person entitled has not received maintenance or received them in a height lower than stated in the judgment of the Court, court settlement or court settlement concluded before the mediator:-certificate of authority leading the enforcement of a total or partial ineffectiveness of enforcement of maintenance as well as the amount of executed maintenance, or-the information of the competent court or competent institution to take by a person qualified activities related to executing a writ abroad or in the event that such activities, in particular in the absence of a legal basis for taking them or inability to indicate by the person entitled the place of residence of the debtor abroad if the debtor resides abroad, k) a document setting out the date of the loss of income and monthly amount of lost income , l) a document setting out the amount of income earned by a family member and the number of months in which the income was derived, in the case of income in the calendar year preceding the period zasiłkowy, m) a document setting out the amount of income earned by a family member from the month following the month in which income has been reached-if the income after the calendar year preceding the period zasiłkowy;

6) a copy of the complete or abridged acts of death of a parent or a copy of an enforceable court decision awarding maintenance or a copy of the minutes of the sitting that contains the content of the court settlement, or a copy of the approved by the court settlement concluded before a mediator that oblige the creditor-in the case of the learner;

7) residence card – in the case of an alien on the territory of the Republic of Poland on the basis of a settlement permit, a permit for a long-term resident of the European communities, a temporary residence permit for a specified period of time granted in connection with the fact, referred to in article 1. 53 paragraph 1. 1 paragraph 13 of the law of 13 June 2003 on aliens (Journal of laws of 2011 # 264, item 1573 and from 2012.589 and 769), or with a view to obtaining in the Republic of Poland of refugee status or subsidiary protection;

8) a copy of a final decision of a court adjudicating a divorce or legal separation or a copy of complete or reduced the death certificate of the spouse or a parent of the child – in the case of a person alone raising a child;

9) a copy of the complete of the child's birth, where the father is unknown;

10) a copy of the final judgment dismissing an action for maintenance claims;

11) the decision of the court requiring a parent to bear the total cost of the maintenance of the child;

12) a copy of the final order of the court seised of the adoption or certificate of the Court or the adoption of judicial proceedings in the case of adoption of the child;

13) the decision of the Court to appoint a legal guardian of the child;

14) other documents, including the statement, necessary to establish the right to family allowance and family allowances.

§ 3. The applicant for the grant of a supplement to child benefit for care of the child during parental leave shall submit an application for family benefits, accompanied respectively: 1) employer's certificate or statement of the date and the period for which it has been granted parental leave, and at least a six-month period to remain in an employment relationship immediately before getting the right to parental leave; model statement is specified in annex 10 to the regulation;

2) certificate authority pension scheme or a statement that the applicant is reported to social security-where a person is subject to social insurance; model statement is set out in annex 11 to Regulation;

3) personal monthly report the insured person confirming the draining social security contributions, with the month preceding the month of application with, in the case of a declaration referred to in paragraph 2;

4) certificate facility providing 24-hour care, in case of the child, the number of days in the week where the 24-hour care, or a statement of not more than 5 days a week with the 24-hour care in a facility providing 24-hour care, including special educational-centre; model statement is specified in annex 12 to the regulation;


5) other documents, including the statement, necessary to establish the right to add to child benefit for care of the child during parental leave.

§ 4. The applicant for the grant of a supplement to child benefit for a child's school outside the place of residence to the application for family benefits joins respectively: 1) school certificate or a statement of the child's attendance to school outside the place of residence; model statement is specified in annex 13 to Regulation;

2) certificate or a statement confirming the temporary check-in addition to the student's place of residence; model statement is specified in annex 14 to the regulation;

3) other documents, including the statement, necessary to establish the right to add to child benefit for a child's school outside the place of residence.

§ 5. 1. the request for the fixing of rights to the one-off payment for the birth of a child is specified in annex 15 to the regulation.

2. The application shall be accompanied by: 1) documents referred to in § 2 paragraph 1. 2, points 1, 5, 7, 8, 12 and 13;

2) other documents, including the statement, necessary to establish the right to a one-off payment for the birth of a child.

§ 6. 1. the request for the fixing of the right to personal assistance allowance is specified in annex 16 to the regulation.

2. The application shall be accompanied by: 1) judgment of disability or disability-in the case of other persons than those mentioned in article 2. 16 paragraph. 2 paragraph 3 of the Act;

2) other documents, including the statement, necessary to establish the right to personal assistance allowance.

§ 7. 1. the request for the fixing of the right to special care allowance is specified in annex 17 to the regulation.

2. The application shall be accompanied by: 1) documents referred to in § 2 paragraph 1. 2 paragraph 5 and 7;

2) judgment of disability or severity of the disability;

3) the certificate or statement referred to in § 3, paragraph 4;

4) other documents, including the statement, necessary to establish the right to special care allowance.

§ 8. 1. the request for the fixing of the right to the provision of care is set out in annex 18 to the regulation.

2. The application shall be accompanied by: 1) judgment of disability or severity of the disability;

2) the certificate or statement referred to in § 3, paragraph 4;

3) other documents, including the statement, necessary to establish the rights to provide the care.

§ 9. 1. the request for the fixing of the right to allowance for raising a child alone for people who received until 1 May 2004 established on self service on the basis of the law of 18 July 1974 maintenance fund (Journal of laws of 1991, no. 45, item 200, as amended. 4)) is specified in annex 19 to regulation.

2. The application shall be accompanied by: 1) the certificate field OU social insurance payment provision of the maintenance fund;

2) certificate authority leading the enforcement of a total or partial ineffectiveness of enforcement of child support awarded judgment;

3) other documents, including the statement, necessary to establish the right to the supplement referred to in paragraph 1. 1. § 10. The proceedings on the grant of family benefits at the request of the person who has no place of residence, shall be initiated by the municipality or city authority competent for the place of temporary residence. The application shall be accompanied by a document proving temporary check-in or confirm your residence in the place of residence.

§ 11. Application forms and other documents needed to establish the right to family benefits provides the competent authority conducting the proceedings in the case of family benefits.

§ 12. 1. The documents referred to in § 2 – 10, with the exception of the documents listed in § 2. 2 paragraph 3, 4 and 5 (b). (a) to (d) and (j), § 3 para 4, § 7 para. 2 paragraph 3 and § 8 paragraph 1. 2 paragraph 2 shall be submitted as copies of those documents.

2. Copies of documents necessary for the grant of family benefits authenticates the competent authority conducting the proceedings in the case of family benefits, the notary or the institution which has issued the document.

§ 13. 1. where the competent authority conducting the proceedings in the case of family benefits has questioned in a case involving family benefit granted to the present circumstances affecting the right to this benefit, it shall notify without delay the pickup person is a service of the need to submit within the prescribed period, not longer than 14 days from the date of receipt of the request, explanations on or provide the necessary documents.

2. Outline questionnaire interview, carried out by the competent authority, in the case where a person who deklarującej lonely child-raising, seeking a family benefit, there is doubt about the circumstances referred to in article 1. 3 paragraph 17a of the Act, is set out in annex No. 20 to the regulation.

§ 14. 1. Where a member of the family has a maintenance obligation to people outside the family, from the income of a family member shall be deducted the amount of maintenance paid to that person.

2. in the case of determining the income from a farm family income is determined on the basis of the average number of hectares conversion rates in the possession of the family in the calendar year preceding the period zasiłkowy.

3. Where a member of the family income beyond the borders of the Republic of Poland shall be made of their conversion on the basis of the average exchange rate of foreign currencies issued by the Polish National Bank from the last working day of the calendar year, with the income of the members of the family is the basis of the determination of the right to family benefits.

4. Where a member of the family will get beyond the borders of the Republic of Poland income, which did not in a calendar year, which is the basis for the determination of the right to family benefits, the conversion of this income is made on the basis of the average exchange rate of foreign currency from the last working day of the month following the month in which income has been achieved.

§ 15. 1. where the spouse of the person receiving the family benefits or the applicant for family benefits was lost, the person making the application for family benefits attached to the application a certificate of competent on the police unit of the adoption of the Declaration of loss of the spouse and, in the case of foreigners – the competent institution.

2. In determining the income of the family, no account shall be taken of the income derived by the missing spouse, and in determining the income per person in the family, no account shall be taken of that spouse.

§ 16. The regulation shall enter into force on the day following the day of delivery. 5) Minister of labour and social policy: Kosiniak-Kamysz 1) Minister of labour and social policy directs Government Administration Department – family, pursuant to § 1 paragraph 1. 2 paragraph 3 of the regulation President of the Council of Ministers of 18 November 2011 on the detailed scope of the Minister of labour and social policy (OJ No 248, poz. 1485).

2) Changes the consolidated text of the said Act were announced in the journal of laws of 2006 No 222, item. 1630, 2007 No. 64, item. 427, no. 105, item. 720, Nr 109, poz. 747, # 192. 1378 and # 200. 1446, 2008 No. 70, item. 416, no. 138, item. 872 and 875, no. 223, item. 1456 and # 237. 1654, from 2009, # 97, poz. 800 and No. 219. 1706, 2010 No. 50, item. 301, with 2011 No. 106, item. 622, # 149. 887, # 171, poz. 1016 and # 205. 1212 and from 2012. 1255 and 1548.

3) Changes the consolidated text of the said Act were announced in the journal of laws of 2012. 362, 596, 769, 1278, 1342, 1448, 1529 and 1540.

4) Changes the consolidated text of the said Act were announced in the journal of laws of 1997, no. 121, item. 770, 1998, no. 106, item. 668, 1999 No. 90, item. 1000, 2001 # 154, poz. 1791, from 2002 No. 241. 2074 and 2003 No. 83, item. 759 and No 228, item. 2255.5) this regulation was preceded by a regulation of the Minister of labour and social policy of 27 December 2011 on the way and procedure in cases of family benefits (OJ No 298, POS. 1769), which is repealed with effect from the entry into force of this Regulation pursuant to article. 14 of the Act of 7 December 2012. amending the law on family benefits and certain other laws (OJ. 1548).

Annex 1. [MODEL-AN APPLICATION FOR THE DETERMINATION OF THE RIGHT TO FAMILY ALLOWANCE AND FAMILY ALLOWANCE]

The annexes to regulation of the Minister of labour and social policy of 3 January 2013 (POS. 3) Appendix 1 model – request for DETERMINATION of ENTITLEMENT to FAMILY ALLOWANCES and FAMILY ALLOWANCES, Appendix 2. [MODEL-A STATEMENT OF THE CHILD'S ATTENDANCE TO SCHOOL]

Appendix 2 model – a statement of the CHILD'S ATTENDANCE to SCHOOL annex 3. [MODEL-A STATEMENT OF THE CHILD'S ATTENDANCE TO SCHOOL]

Annex 3 model – a statement of the CHILD'S ATTENDANCE to SCHOOL




Annex 4. [MODEL-a certificate from the TAX AUTHORITY of a MEMBER of the FAMILY INCOME SUBJECT to INCOME TAX FROM INDIVIDUALS on the principles set out in article 27, 30b, 30 c and 30e ACT of 26 July 1991 on income tax FROM NATURAL PERSONS (Journal of laws of 2012.361, as amended. D.), ACHIEVED in the calendar year PRECEDING the PERIOD ZASIŁKOWY] Appendix 4 model – a certificate from the TAX AUTHORITY of a MEMBER of the FAMILY INCOME SUBJECT to INCOME TAX FROM INDIVIDUALS on the PRINCIPLES referred to in article 1. 27, 30b, 30 c and 30e ACT of 26 July 1991 on income tax FROM NATURAL PERSONS (Journal of laws of 2012.361, as amended. D.), ACHIEVED in the calendar year PRECEDING the PERIOD ZASIŁKOWY annex 5. [MODEL-statement by the MEMBER of the FAMILY income SUBJECT to INCOME TAX FROM INDIVIDUALS on the principles set out in article 27, 30b, 30 c and 30e ACT of 26 July 1991 on income tax FROM NATURAL PERSONS (Journal of laws of 2012.361, as amended. D.), ACHIEVED in the calendar year PRECEDING the PERIOD ZASIŁKOWY] Appendix 5 model – STATEMENT by the MEMBER of the FAMILY income SUBJECT to INCOME TAX FROM INDIVIDUALS on the PRINCIPLES referred to in article 1. 27, 30b, 30 c and 30e ACT of 26 July 1991 on income tax FROM NATURAL PERSONS (Journal of laws of 2012.361, as amended. D.), ACHIEVED in the calendar year PRECEDING the PERIOD ZASIŁKOWY annex 6. [MODEL-STATEMENT BY THE MEMBER OF THE FAMILY WAS APPLIED ON THE BASIS OF THE PROVISIONS OF THE FLAT-RATE INCOME TAX CERTAIN INCOME OBTAINED BY NATURAL PERSONS INCOME ACHIEVED IN THE CALENDAR YEAR PRECEDING THE PERIOD OF ZASIŁKOWY]

Annex No. 6 MODEL-STATEMENT by the MEMBER of the FAMILY was APPLIED on the BASIS of the PROVISIONS of the FLAT-RATE INCOME TAX CERTAIN INCOME OBTAINED by NATURAL PERSONS income ACHIEVED in the calendar year PRECEDING the PERIOD ZASIŁKOWY annex 7. [MODEL-STATEMENT BY THE MEMBER OF THE FAMILY OF NON-TAXABLE INCOME INCOME TAX FROM INDIVIDUALS, ACHIEVED IN THE CALENDAR YEAR PRECEDING THE PERIOD OF ZASIŁKOWY]

Annex No. 7 model – STATEMENT by the MEMBER of the FAMILY income NON-TAXABLE INCOME TAX FROM INDIVIDUALS, ACHIEVED in the calendar year PRECEDING the PERIOD ZASIŁKOWY Annex 8. [MODEL-A STATEMENT OF THE AMOUNT OF HEALTH INSURANCE PREMIUMS IN THE CALENDAR YEAR PRECEDING THE PERIOD OF ZASIŁKOWY]

Annex No. 8 model – a statement of the AMOUNT of HEALTH INSURANCE PREMIUMS in the calendar year PRECEDING the PERIOD ZASIŁKOWY Annex 9. [MODEL-STATEMENT BY THE MEMBER OF THE FAMILY ABOUT THE SIZE OF THE AGRICULTURAL HOLDING, EXPRESSED IN HECTARES CONVERSION RATES THE GENERAL AREA IN THE CALENDAR YEAR PRECEDING THE PERIOD OF ZASIŁKOWY]

Annex No. 9 DESIGN-STATEMENT by the MEMBER of the FAMILY about the size of the AGRICULTURAL HOLDING, EXPRESSED in hectares CONVERSION RATES the GENERAL AREA in the calendar year PRECEDING the PERIOD ZASIŁKOWY annex 10. [MODEL-A STATEMENT OF THE DATE AND THE PERIOD FOR WHICH IT HAS BEEN GRANTED PARENTAL LEAVE, AND AT LEAST A SIX-MONTH PERIOD TO REMAIN IN AN EMPLOYMENT RELATIONSHIP IMMEDIATELY BEFORE GETTING THE RIGHT TO LEAVE WYCHOWOWAWCZEGO]

Annex No. 10 model – a STATEMENT of the date and the PERIOD for which it HAS BEEN GRANTED PARENTAL LEAVE, and at least a SIX-MONTH PERIOD to REMAIN in an employment relationship IMMEDIATELY BEFORE GETTING the RIGHT to LEAVE WYCHOWOWAWCZEGO Annex 11. [MODEL-STATEMENT OF APPLICATION FOR SOCIAL SECURITY]

Annex No. 11 model – a statement of APPLICATION for SOCIAL SECURITY annex 12. [MODEL-a statement of NOT MORE THAN 5 DAYS a week with the 24-HOUR CARE in a FACILITY PROVIDING 24-HOUR care, including SPECIAL EDUCATIONAL-CENTRE]

Annex No. 12 model – a statement of NOT MORE THAN 5 DAYS a week with the 24-HOUR CARE in a FACILITY PROVIDING 24-HOUR care, including SPECIAL EDUCATIONAL-CENTRE annex 13. [MODEL-A STATEMENT OF THE CHILD'S ATTENDANCE TO SCHOOL OUTSIDE THE PLACE OF RESIDENCE]

Annex No. 13 model – a statement of the CHILD'S ATTENDANCE to SCHOOL OUTSIDE the PLACE of RESIDENCE of annex 14. [MODEL-A STATEMENT CONFIRMING THE TEMPORARY CHECK-IN ADDITION TO THE STUDENT'S PLACE OF RESIDENCE]

Annex No. 14 model – a STATEMENT CONFIRMING the TEMPORARY STUDENT CHECK-in OUTSIDE the PLACE of RESIDENCE of Annex 15. [PATTERN-REQUEST TO SET RIGHTS TO THE ONE-OFF PAYMENT FOR THE BIRTH OF A CHILD]

Appendix No 15 model – request for DETERMINATION of ENTITLEMENT to the one-off PAYMENT for the BIRTH of a CHILD, annex 16. [MODEL-AN APPLICATION FOR THE DETERMINATION OF THE RIGHT TO PERSONAL ASSISTANCE ALLOWANCE]

Annex No. 16 PATTERN-request for DETERMINATION of ENTITLEMENT to CARE ALLOWANCE Annex 17. [PATTERN-REQUEST TO SET A RIGHT TO SPECIAL CARE ALLOWANCE]

Annex No. 17 PATTERN-request to set a RIGHT to SPECIAL CARE ALLOWANCE Annex 18. [MODEL-AN APPLICATION FOR THE DETERMINATION OF RIGHTS TO BENEFITS CARE]

Annex No. 18 MODEL-request for DETERMINATION of ENTITLEMENT to ATTENDANCE BENEFITS annex 19. [PATTERN-request to set the RIGHT to allowance for RAISING a CHILD ALONE for PEOPLE who received until 1 May 2004 ESTABLISHED on SELF SERVICE on the BASIS of the LAW of 18 July 1974 MAINTENANCE Fund (Journal of laws of 1991, no. 45, item 200, as amended. D.)]

Annex # 19 PATTERN – the proposal to establish the RIGHT to allowance for RAISING a CHILD ALONE for PEOPLE who received until 1 May 2004 ESTABLISHED on SELF SERVICE on the BASIS of the LAW of 18 July 1974 MAINTENANCE Fund (Journal of laws of 1991, no. 45, item 200, as amended. D.)







Annex 20. [MODEL-QUESTIONNAIRE INTERVIEW]

Annex No. 20 model – INTERVIEW QUESTIONNAIRE

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