Advanced Search

The Act Of 28 November 2003 On Family Benefits

Original Language Title: USTAWA z dnia 28 listopada 2003 r. o świadczeniach rodzinnych

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

ACT

of 28 November 2003

on family benefits

Chapter 1

General provisions

Article 1. [ Regulatory scope] 1. The Act lays down the conditions for the acquisition of the right to family benefits and the principle of determining, granting and paying these benefits.

2. Family benefits shall be entitled:

1) Polish citizens;

2. foreigners:

(a) to which the provisions on the coordination of social security systems apply,

(b) if this is due to the binding of the Republic of Poland bilateral agreements on social security,

c) staying in the territory of the Republic of Poland on the basis of a permanent residence permit, a residence permit for a long-term resident of the European Union, a temporary residence permit granted in connection with the circumstances referred to in art. 127 or Art. 186 para. 1 point 3 of the Act of 12 December 2013. o foreigners (Dz. U. Entry 1650), or in connection with obtaining in the Republic of Poland the status of a refugee or subsidiary protection, if they reside with the members of the families in the territory of the Republic of Poland,

(d) holding a residence card with the annotation 'access to the labour market', excluding third-country nationals who have been authorised to work in the territory of a Member State for a period not exceeding six months, nationals of third countries adopted for the purpose of studies and nationals of third countries who have the right to work on the basis of a visa.

3. Family benefits shall be entitled to the persons referred to in paragraph 3. 2, if they reside in the territory of the Republic of Poland for the benefit period in which they receive family benefits, unless the provisions on the coordination of social security systems or bilateral international agreements on collateral This is not the case

Article 2. [ Types of family benefits] The family benefits are:

(1) family allowances and family allowances;

2) care benefits: nursing care allowance, special care allowance and nursing care benefit;

3) a forgetty paid by the municipalities, on the basis of art. 22a;

4) a one-time oblivion with the birth of a child.

Article 3. [ Definitions] Whenever there is a law in the law:

1) income-this means, after deduction of the amounts of alimony provided to other persons:

(a) taxable income on the basis of the rules laid down in Article 27, 30b, 30c and 30e of the Act of 26 July 1991. o Income tax on individuals (Dz. U. 2012 r. items 361, of late. zm.), less the costs of obtaining income, the income tax due on natural persons, social contributions not included in the cost of obtaining income, and contributions to health insurance,

(b) as declared in the statement, income from taxable activities under the flat-rate income tax provisions on certain income accruing to natural persons, less the flat-rate income tax due and contributions to social and health insurance,

c) [ 1] other non-taxable income on the basis of personal income tax rules:

-the pensions laid down in the provisions on the provision of war and military invalids and of their families,

-pensions paid to repressed persons and members of their families, granted in accordance with the rules laid down in the provisions on the provision of war and military invalids and their families,

-the cash benefits and the energy lump sum specified in the provisions on the cash benefit and the powers conferred on the soldiers of the replacement military service forcibly employed in coal mines, quarries, uranium ore plants and building battalions,

-the combatant allowance, the energy lump sum and the compensatory allowance laid down in the combatant regulations and of certain persons who are victims of war and post-war repression,

-the cash benefit specified in the provisions on financial provision entitled to persons deported to forced labour and embedded in the work camps by the Third German Reich or the Union of Soviet Socialist Republics,

-pensions received by persons who have lost their sight as a result of hostilities between 1939 and 1945, or of explosions remaining after that war of unexploded orchards and unexploded orchards,

-invalidity pensions for the invalidity of war, the amounts of supplies received by the victims of war and their family members, the survivors ' pensions of persons whose invalidity arose in connection with the forced stay in the works of the Third German Reich in the years 1939-1945, obtained from abroad,

-the sickness benefits referred to in the provisions on social insurance of farmers and in the social security scheme,

-non-repayable foreign aid received from foreign governments, international organisations or international financial institutions, from non-repayable assistance granted on the basis of a unilateral declaration or agreement concluded with those countries, organizations or institutions by the Council of Ministers, the competent minister or government agencies, including in cases where the transfer of these funds is made through an entity authorized to distribute funds of non-refundable foreign aid to the entities to which it is used This help,

-claims on employment or scholarship of natural persons residing in the territory of the Republic of Poland, temporarily residing abroad, in the amount corresponding to the equivalent of allowances for business trips outside the borders of the country established for employees employed in state or local government units of the budget sphere on the basis of the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. zm.),

-monetary claims paid to policemen, soldiers, customs officers and employees of military units and police units used outside the State in order to participate in armed conflict or to strengthen the forces of a State or of an alliance state, mission a peaceful action to prevent acts of terrorism or their effects, as well as the pecuniary claims paid to soldiers, police officers, customs officers and workers acting as observers in the missions of international organisations and multinational forces,

-cash receivables from the business relationship received during the candidate's service by the officers of the Police, the State Fire Service, the Border Guard and the Government Protection Bureau, calculated for the period during which those persons obtained the income,

-the revenue of the members of the agricultural production cooperatives for membership of the agricultural production cooperatives, less the social contributions,

-support for children,

-doctoral and habilitation scholarships granted on the basis of the Act of 14 March 2003. with scientific degrees and scientific title, and about degrees and title in the field of art (Dz. U. Nr. 65, pos. 595, of late. zm.), doctoral scholarships as defined in art. 200 of the Act of 27 July 2005. -Law on higher education (Dz. U. 2012 r. items 572, late. zm.), scholarships of sports awarded on the basis of the Act of 25 June 2010. o sport (Dz. U. No 127, item. 857, with late. zm.) and other scholarships of a social character granted to students or students,

-the amounts of allowances which are not subject to income tax on natural persons, obtained by persons carrying out activities relating to the exercise of social and civic obligations,

-the amounts of money received from the rental of guest rooms in residential buildings located in rural areas on the farm for persons who are on the farm, and obtained from the nutrition of such persons,

-the appendices for the secret teaching laid down in the Act of 26 January 1982. -The Teacher's Card (Dz. U. 2006 r. Nr 97, pos. 674, of late. zm.),

-revenue generated from economic activities carried out on the basis of an authorisation within the special economic zone specified in the provisions of special economic zones,

-cash equivalents for coal deputations specified in the regulations on the commercialisation, restructuring and privatisation of the state-owned enterprise "Polskie Koleje Państwowe",

-the equivalent of the free coal rights set out in the rules on the restructuring of hard coal mining in the period 2003-2006,

-the benefits referred to in the provisions on the appointment of a Member and a senator,

-revenue from the agricultural holding,

-income earned abroad of the Republic of Poland, less appropriately paid abroad of the Republic of Poland: income tax and contributions to compulsory social insurance and compulsory health insurance,

-the pensions laid down in the provisions on support for rural development from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund, and in the provisions on support for rural development with the participation of measures the European Agricultural Fund for Rural Development,

-the maintenance advance laid down in the provisions on the procedure for maintenance of maintenance and the maintenance of the maintenance,

-the cash benefits paid in the event of ineffectiveness of the execution of the alimony,

-material aid of a social nature as referred to in Article 90c ust. 2 of the Act of 7 September 1991. o system of education (Dz. U. of 2004 Nr 256, pos. 2572, as of late. zm.) and the material assistance referred to in art. 173 (1) 1 points 1, 2 and 8, art. 173a, art. 199 (1) 1 points 1, 2 and 4 and art. 199a of the Act of 27 July 2005. -Law on higher education,

-the amounts received under the Article 27f ust. 8-10 of the Act of 26 July 1991. with personal income tax;

2) the income of the family-this means the sum of the income of the family members;

2a) income of a member of the family-this means the average monthly income of a family member achieved in the calendar year preceding the sow period, subject to art. 5 par. 4-4b;

3) the income of a learner or a child under the care of a legal guardian-this shall mean the average monthly income obtained in the calendar year preceding the sow period, subject to Article 4 5 par. 4-4b;

4) to the child-this shall mean the child's own child, the spouse, the adopted child and the child in respect of which the adoption procedure is pending, or the child under legal care;

5) pensions and pensions-this means invalidity and invalidity pensions and invalidity pensions, including training pensions as defined in the provisions on pensions from the Social Insurance Fund, social insurance for farmers, on the pensions of police officers, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Security Office, the State Security Office Fire and Prison Service and their families, with supplies pensions of professional soldiers and their families, the supply of war and military invalids and their families, of the combatants and of certain persons who are victims of war and post-war repression, as well as resting salaries specified in the provisions of the law on the order of common courts, the regulations on the prosecutor's office and the provisions on the Supreme Court, as well as the training pensions and invalidity pensions specified in the provisions on social insurance from the title accidents at work and occupational diseases, invalidity pensions specified in the the provisions on the supply of accidents or occupational diseases arising in specific circumstances, as well as the structural pensions laid down in the provisions on support for rural development by the Guarantee Section The European Agricultural Guidance and Guarantee Fund and in the rules on support for rural development with the contribution of the European Agricultural Fund for Rural Development;

(6) agricultural holding, which means the holding, within the meaning of the agricultural tax rules;

(7) an institution providing round-the-clock maintenance-this means the home of social assistance, a care-educational establishment, a youth educational centre, a juvenile shelter, a correctional facility, an investigative detention centre, a penal facility, a caring-care facility, a nursing and caring facility, a military school or another school, where such institutions provide full maintenance free of charge;

8. food basket-this means an assortment of foodstuffs, quantified and quantitatively in research on the threshold of income support for families whose consumption is necessary for the proper development of the child at a certain age;

9) with a disabled child-this means a child up to the age of 16. the year of life legitimized by a decision on disability as defined in the provisions on professional and social rehabilitation and employment of persons with disabilities;

(10) benefit-period-this shall mean the period from 1 November to 31 October of the following calendar year for which entitlement to family benefits is fixed;

(11) the competent authority shall mean the mayor, the mayor or the president of the city competent for the place of residence of the applicant for the family benefit or the family in receipt;

(12) dependent persons, this shall mean members of the family who are in keeping with the combined income of such persons;

13) a learner-means a person who is a full-year learner who is not dependant on his or her parents in connection with their death or in connection with the establishment of a judicial decision or a judicial settlement of the right to alimony on their part;

(14) the child procurator of the child, which means the person actually caring for the child, if he/she has made a request to the family court for adoption of the child;

15) a disabled person with a disability-this means a person who is a person of age who has a moderate or significant degree of disability, and a person who has completed 75 years;

15a) the rules on the coordination of social security systems-this means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004. on the coordination of social security systems (Dz. Urz. EU L 166, 30.04.2004, p. 1, from late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 5, str. (72) and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009. concerning the implementation of Regulation (EC) No 883/2004 on the coordination of social security systems (Dz. Urz. EU L 284, 30.10.2009, p. 1);

16) family-this means, respectively, the following family members: the spouses, the parents of the children, the guardian of the actual child, and the dependent children of the age until the age of 25. a year of life, as well as a child who has completed 25. year of life with a significant degree of disability, if in connection with this disability, there is a nursing benefit or a special care allowance or a care allowance referred to in the Act of 4 April 2014 to establish and disburse allowances for carers (Dz. U. Entry 567); members of the family do not include a child left under the care of a legal guardian, a child remaining married, and a child of a child having their own child;

16a) a large family-this means a family raising three and more children who are entitled to family allowances;

17) (lost power);

17a) a single person bringing up a child-this means the bride, the widow, the widow, the widow, the person divorced by the final judgment of the court, the divorced person, unless he is brought up jointly by at least one child with his parent;

18) school-this means primary school, middle school, a secondary and secondary school, and an art school where a school duty and compulsory education are implemented, as well as a special centre for education and training, a special centre for education and training. education for children and young people requiring the application of a special organisation of science, working and upbringing, and a centre enabling children and young people who are mentally handicapped to the extent of their deep implementation of the school's duty and their duty to study;

(19) higher education-this means a higher education institution, within the meaning of the Law on Higher Education, as well as a teacher's college, a teacher of foreign languages, and a college of social workers;

20) moderate disability-this means:

(a) disability in a moderate way within the meaning of the provisions on professional and social rehabilitation and the employment of persons with disabilities,

(b) the total incapacity for work established by the provisions on pensions and pensions from the Social Insurance Fund,

(c) possession of a decision to count to the second group of invalids;

21) a significant degree of disability-this means:

(a) disability to a large extent within the meaning of the provisions on occupational and social rehabilitation and the employment of persons with disabilities,

(b) total incapacity for work and self-existence in accordance with the provisions on pensions and pensions from the Social Insurance Fund,

(c) permanent or permanent incapacity for work on the holding and for independent existence in accordance with the provisions on social insurance of farmers in order to obtain the benefits referred to in those provisions,

(d) having a decision on the disability of the first group of invalids,

(e) the incapacity for independent existence based on the provisions on pensions from the Social Insurance Fund or the rules on social insurance of farmers;

22) employment or other gainful employment-this means doing work on the basis of employment relationship, business relationship, contract of work overlays and the performance of work or the provision of services on the basis of an agency contract, contract of contract, contract of work or during the period of membership of the agricultural production cooperatives, cooperative machinery rings or agricultural cooperatives, as well as the pursuit of non-agricultural economic activities;

23) loss of income-this means loss of income caused by:

(a) obtaining the right to parental leave,

(b) the loss of the right to an unemployment allowance or a scholarship for the unemployed

(c) loss of employment or other gainful employment, excluding work carried out under contract of work,

(d) the loss of the pre-retirement allowance or the pension, the teacher's pension benefit, and the pension, the survivor's pension or the social pension, except for the pensions granted to the farmers in connection with the transfer or the lease of the agricultural holding,

(e) (repealed),

(f) the deregation of non-agricultural economic activities or the suspension of the pursuit of economic activities within the meaning of the Article. 14a par. 1d of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2013 r. items 672, of late. zm.),

(g) (repealed),

(h) loss of sickness, rehabilitation benefit or maternity allowance, after loss of employment or other gainful employment,

(i) the loss of the maintenance of maintenance in connection with the death of the person liable for such benefits;

24) obtaining income-this means obtaining income caused by:

(a) the end of parental leave,

(b) obtaining the right to an unemployment benefit or a grant for the unemployed,

(c) obtaining employment or other gainful employment, excluding work carried out under contract of work,

(d) obtaining a pre-retirement benefit or a pre-retirement pension, a teacher compensation payment, and a pension, a survivor's pension or a social pension, with the exception of the pensions granted to farmers in connection with the transfer or the lease of the agricultural holding,

(e) (repealed),

(f) the commencement of non-agricultural economic activity or the resumption of its pursuit,

(g) (repealed),

(h) receiving sickness benefit, rehabilitation benefit or maternity allowance after loss of employment or other gainful employment.

Chapter 2

Family allowance and family allowances

Article 4. [ Right to Family Allowance] 1. The family force is intended to cover part of the expenditure on the maintenance of the child.

2. The right to family allowance and allowances for this allowance shall be entitled:

1) to parents, to one of the parents or to the child's legal guardian;

(2) the child's actual guardian;

3) a learner.

Article 5. [ Determination of family income] 1. The family force shall be entitled to the persons referred to in art. 4 par. 2 if the income of the family calculated per person or the income of the learner does not exceed the amount $504.00 . [ 2]

2. Where a family member is a child with a decision on a disability or a judgment of a moderate or a significant degree of disability, the family allowance shall be entitled if the income of the family is calculated per person, or income of the learner does not exceed the amount $583.00 . [ 3]

3. Where the income of the family per person in the family or the income of the learner exceeds the amount entitling the family or the person concerned to the family allowance by an amount less than or equal to the amount corresponding to the lowest power a survivor's pension is payable if he or she is entitled to a survivor's pension if he or she is entitled to an allowance during the period for which he is entitled to a benefit in the previous period In the case of exceeding income in the following calendar year, the family allowance shall not be entitled.

4. In the case of loss of income by a member of the family, a learner or a child remaining under the care of a legal guardian in the calendar year preceding the period of the benefit or after that year, setting their income, shall not take into account the income lost.

4a. In the case of an income from a family member, a learner or a child under the care of a legal guardian in the calendar year preceding the sow period, establishing the income of a member of the family, the learner or the child the legal guardian obtained this year shall be divided by the number of months in which that income is obtained, if that income is obtained on the date on which the entitlement to family benefits is fixed.

4b. In the case of an income from a family member, a learner or a child under the care of a legal guardian after a calendar year preceding the period in charge of the income shall be determined on the basis of the income of the family member, the income of the person the learner's or the income of the child remaining under the care of a legal guardian, plus the amount of the income earned from the month following the month in which the income was obtained, if that income is obtained on the date of determining the right to family benefits.

5. (repealed).

6. (repealed).

7. In the case where a family member stays in an institution providing round-the-clock maintenance, establishing the income of the family per person, no account shall be taken of the person staying in that institution.

8. In the case of determining the income from the agricultural holding, it is assumed that from 1 ha of conversion the monthly income of 1/12 of the income announced annually by the President of the Central Statistical Office shall be entered in the Article 1 18 of the Act of 15 November 1984 o Agricultural tax (Dz. U. of 2013 r. items 1381).

8a. In determining the income of the family obtained from the holding, the area of the holding which forms the basis of the agricultural tax dimension shall include the agricultural areas paid in the lease, except:

(1) a lease, on the basis of a lease agreement concluded in accordance with the rules on social insurance of farmers, of parts or of the whole of the holding family;

(2) the agricultural holding brought into service by the agricultural cooperative production cooperative;

(3) the holding of the holding in connection with the collection of the pension as laid down in the provisions on support for rural development from the appropriations originating in the Guarantee Section of the European Agricultural Guidance and Guarantee Fund, and in the provisions of Article 4 (2) of the Regulation on the support for rural development with the participation of the European Agricultural Fund for Rural Development.

8b. Establishing the income of the family obtained by the lessee of the agricultural holding given in the lease on the basis of the rules referred to in paragraph. 8a, the income earned from the agricultural holding shall be reduced by the rent paid in respect of the rent.

8c. When determining the income of the family obtained from the Agricultural Property Agency leased from the Agricultural Property Agency, the income from the agricultural holding shall be reduced by the rent paid in respect of the rent.

9. Where the family or the learners obtains income from the agricultural holding and the non-agricultural income, the income shall be summed up.

10. (lost power).

11. Where the right to family benefits is set for a child under the care of a legal guardian, only the income of the child shall be taken into account in determining the income.

Article 6. [ Duration of favours and amount of family allowance] 1. The family force shall be entitled to the persons referred to in art. 4 par. 2 points 1 and 2, to be completed by the child:

1) 18. year of life or

2) learning at school, however, no longer than to complete 21. the year of life, or

3) 24. a year of life, if he continues to study at school or in a higher school and legitimises whether or not a moderate or significant degree of disability is concerned.

1a. A family force shall be entitled to a learner at school or at a higher school, but not longer than to complete 24. year of life.

2. [ 4] The amount of the family allowance is monthly:

1) 44,00 zł for a child up to the age of 5. year of life;

2) $56.00 for a child aged above 5. year of life until the end of 18. year of life;

3) $65,00 for a child aged above 18. year of age to completion 24. year of life.

Article 7. [ Exclusion of family allowances] A family allowance shall not be entitled if:

1) a child or a learners shall remain in a married relationship;

2. the child has been placed in an institution providing round-the-clock maintenance or in replacement furnaces;

3) the learners have been placed in an institution providing round-the-clock maintenance;

4. a child or a learners shall be entitled to a family allowance for their own child;

5) a single person raising a child has not been awarded a maintenance benefit to the child from his parent, unless:

a) the parents or one of the parents of the child is dead,

b) the father of the child is unknown,

(c) the claim for the maintenance of the maintenance benefit from the second parent has been dismissed,

(d) the court has obliged one of the parents to bear the full cost of maintaining the child and has not obliged the other parents to provide maintenance for the child;

6) a member of the family shall be entitled to a child benefit abroad, unless the provisions on the coordination of social security schemes or bilateral social security agreements provide otherwise.

Article 8. [ Types of allowances for family allowances] The benefits of the family allowance are:

1) the birth of the child;

2) care of the child during the period of exercise of parental leave;

3) (lost power);

(3a) single raising of a child;

4) (lost power);

(4a) the raising of a child in a family of a multipony;

5) education and rehabilitation of a disabled child;

6) the start of the school year;

7) take by the child of science at the school outside the place of residence.

Article 9. [ Appendix on the birth of the child] 1. An allowance for the birth of a child shall be given to the mother or father or to the child's legal guardian.

2. An allowance shall be given to the child of the child of the age to be completed by the child of the first year of life if he/she has not been granted to the child's parents or legal guardians.

3. The allowance shall be granted once, in the amount of 1000,00 zł.

4. In the case of an application for adoption of more than one child or birth of more than one child during one childbirth, the allowance shall be entitled to each child.

5. (repealed).

(6) The allowance referred to in paragraph 1 shall be added. 1, shall be entitled, if the woman has remained under medical care no later than 10 weeks of pregnancy to childbirth.

7. The stay under medical care shall be confirmed by a medical certificate or a certificate issued by a midwife.

(8) The Minister for Health in consultation with the Minister responsible for Social Security shall determine, by way of regulation, the form of medical care referred to in paragraph 1. 6, and the model of the certificate referred to in paragraph 1. 7, taking into account, as appropriate, the types of health benefits provided to a woman during pregnancy by a doctor and midwife, and the extent of the data necessary to ensure that it is properly documented to remain in medical care in the period from 10 weeks pregnancy to childbirth.

9. The provision of the paragraph. 6 shall not apply to persons who are legal or factual guardians of the child, as well as to persons who have adopted the child.

Article 10. [ allowance for childcare during the period of parental leave] 1. An allowance for childcare during the period of exercise of parental leave shall be entitled to the mother or father, the child's actual guardian or the child's guardian, if the child remains under his/her actual care, entitled to leave. education, but not longer than for the period:

1) 24 calendar months;

2) 36 calendar months if it has custody of more than one child born during one childbirth;

(3) 72 calendar months if it has custody of a child with a disability or a significant degree of disability.

2. The allowance shall be granted in the amount of PLN 400,00 per month.

3. An allowance for incomplete calendar months shall be paid in the amount of 1/30 of the monthly allowance per each day. The amount of the part-month allowance shall be rounded up to 10 groszy.

4. In the event of the simultaneous use of parental leave by both parents or legal guardians of the child, one allowance shall be made.

5. The allowance shall not be granted to the person referred to in paragraph 1. 1, if:

1) (repealed);

(2) immediately prior to the exercise of the right to parental leave, remained in employment for less than 6 months;

3) has taken up or continues to hire or continue to work or other gainful employment, which prevents the exercise of personal care of the child during the period of the exercise of parental leave;

4) the child has been placed in a facility providing round-the-clock care, including at a special school-educational centre, with the exception of an entity performing a medical activity, and uses with round-the-clock care for more than 5 days a week, and in other cases of cessation of the exercise of personal care;

5) during the period of parental leave benefits from the maternity allowance.

6. The citizens of the Member States of the European Union and the European Economic Area to the period of employment required for the acquisition of the right to supplement shall be the period of employment in the territory of the Member States of the European Union and of the European Union The Economic Area.

Article 11. (repealed).

Article 11a. [ Addendum for single raising of child] 1. An allowance for single raising of a child shall be granted by a single parent to the mother or father, to the child's actual guardian or to the child's legal guardian, if the child's maintenance is not covered by the child's maintenance the second parent of the child, because:

1) the second of the parents of the child is not alive;

2) the father of the child is unknown;

(3) The claim for the maintenance of the maintenance benefit from the second parent was dismissed.

2. An appendix shall also be entitled to a learner if both parents of the learner are not alive. The provisions of the paragraph 1 shall apply mutatis mutandis.

3. The allowance shall be granted in the amount of 170,00 PLN per month per child, not more than PLN 340.00 per all children.

4. In the case of a child legitimized by the decision of a disability or a judgment of a significant degree of disability the amount of the supplement shall be increased by PLN 80.00 per child, not more than by PLN 160.00 to all children.

5. Where the income of the family does not exceed 50% of the amounts referred to in art. 5 par. 1 and 2, the amount of the supplement increases by 50,00 zł per child, not more than by 100.00 zł for all children.

6. In the case of the choice of an allowance for the single raising of the child and the loss of the right to unemployment benefit as a result of the expiry of the statutory period of its collection, the allowance referred to in the paragraph shall be 1, shall not be entitled to any child in the family.

7. Paragraph Recipe It shall apply until 31 August 2006.

Article 12. (lost power).

Art. 12a. [ Appendix for the raising of a child in a multi-member family] 1. An allowance for the raising of a child in a large family shall be entitled to the mother or father, to the child's actual guardian or to the child's legal guardian.

2. The allowance is granted in the amount of 50,00 zł [ 5] monthly for the third and subsequent children entitled to family allowances.

Article 13. [ Addendum for the Education and Rehabilitation of the Child] 1. An appendix on the education and rehabilitation of the child shall be entitled to the mother or father, the child's actual guardian or the child's legal guardian, and to the person learning to cover the increased expenditure associated with rehabilitation or training children of the age of:

1) to completion 16. a year of life, if it legitimises a judgment on disability;

2) above 16. year of age to completion 24. a year of life, if it legitimises a judgment of a moderate or a significant degree of disability.

2. [ 6] The allowance shall be granted monthly:

1) $50.00 for a child up to the age of 5. year of life;

2) $70.00 for a child aged above 5. year of age to completion 24. year of life.

Article 14. [ Appendix for the start of the school year] 1. An appendix on the start of the school year shall be given to the mother or father, to the child's actual guardian or to the child's legal guardian, and to the person learning to cover part of the expenditure relating to the beginning of the school year of the new school year.

(a) The apprentiary is also entitled to a child who starts the annual pre-school preparation

2. The allowance shall be granted once a year, in connection with the beginning of the school year or the annual preschool preparation, in the amount of 100,00 zł per child.

3. An application for payment of an allowance shall be made up to the date of the end of the saddle period in which the school year or the annual pre-school preparation has been commenced.

4. The application submitted after the deadline shall leave the competent authority without recognition.

Article 15. [ Appendix for the child's education at a school outside the place of residence] 1. [ 7] An allowance for the child's teaching at a school outside the place of residence shall be entitled to the mother or father of the child, to the legal guardian or to the child of the actual child or to the learner:

1) in connection with the residence in the locality in which the seat of a secondary school or an art school is located, in which the school duty and the obligation to study, as well as primary or middle school in the case of a child, or a learner who is a learner who is entitled to a disability or a disability-in the amount of a disability $80 per month per child, or

2) in connection with the departure from the place of residence to the village where the seat of the school is located, in the case of commute to the secondary school, as well as the art school, where the school obligation is implemented and the obligation to learn in the field In order to be able to do so, the school is responsible for the school's work $40 monthly per child.

2. An allowance shall be granted for 10 months of the year during the period of scientific collection from September to June of the following calendar year.

Art. 15a. [ Increase in the amount of allowances to the family allowances] The Council of the municipality may, by way of a resolution, raise the amount of the allowances to the family allowances referred to in Article 4. 9-15. The increase in the amount of the allowances is financed by the municipality's own resources.

Chapter 2a

One-time oblivion with the birth of a child

Art. 15b. [ One time forget the birth of a living child] 1. With the birth of a live child, a one-time oblivion shall be granted in the amount of 1000 PLN per child.

2. The one-time oblivion shall be entitled to the mother or father of the child, to the legal guardian or to the child of the actual child, if the income of the family per person does not exceed the amount of PLN 1922.00. The provisions of Article 4 5 par. 4-4b, 7-9 and 11 shall apply mutatis mutandis.

3. The application for the payment of one-off oblivion shall be submitted within 12 months from the date of birth of the child, and in the case where the application concerns a child covered by legal care, factual care or a child adopted-within 12 months of the day taking care of the child or adoption not later than completion by the child 18. year of life. The application submitted after the deadline shall leave the competent authority without recognition.

4. One-off shall not be entitled if a member of the family is entitled to a child's birth certificate abroad, unless the provisions on the coordination of social security schemes or bilateral social security agreements constitute otherwise.

5. The forget referred to in paragraph. 1, shall be entitled, if the woman has remained under medical care no later than 10 weeks of pregnancy to childbirth.

6. The stay under medical care shall be confirmed by a medical certificate or a certificate issued by a midwife. Provisions issued on the basis of art. 9 ust. 8 shall apply mutatis mutandis.

7. The provision of the paragraph. 5 shall not apply to persons who are legal or factual guardians of the child, as well as to persons who have adopted the child.

Art. 15c. (repealed).

Chapter 3

Care benefits

Article 16. [ Nursing Allowance] 1. The care effort shall be granted in order to partially cover expenses resulting from the need to provide care and assistance to another person in relation to the incapacity for self-existent existence.

2. The care of the nursing care shall be entitled:

1) a disabled child;

2) a disabled person aged over 16. the year of life, if it legitimises a decision with a significant degree of disability;

3) a person who has completed 75 years.

3. The care of the care shall also be entitled to a disabled person aged above 16. a year of life with a moderate degree of disability if the disability arose at the age of 21. year of life.

4. The care of the care is entitled to a height of $144,00 [ 8] monthly.

5. The care of the nursing force shall not be entitled to the person placed in the institution providing 24-hour maintenance.

5a. Personalities referred to in paragraph 1. 2 and 3, the nursing allowance shall not be entitled if members of the family are entitled abroad to cover expenses related to the nursing care of such persons, unless the provisions on the coordination of social security schemes or bilateral agreements the social security provides otherwise.

6. The care allowance shall not be entitled to the person entitled to the nursing allowance.

Art. 16a. [ Special Care Allowance] 1. A special care allowance shall be entitled to persons on whom, in accordance with the provisions of the Act of 25 February 1964, -Family and care code (Dz. U. 2012 r. items 788 and 1529 and 2013 items 1439) a maintenance obligation, as well as spouses, if:

1) [ 9] do not take up employment or other gainful employment or

2) give up employment or other gainful employment

-for the exercise of permanent custody of a person with a significant degree of disability or a decision on disability, including indications: the need for permanent or long-term care or assistance from another person in connection with the significantly reduced possibility of self-existent existence and the necessity of permanent complicity on a child's care day in the process of his treatment, rehabilitation and education.

2. [ 10] A special care allowance shall be entitled if the total income of the family of the person in charge of the care and the family of the person requiring care per person does not exceed the amount referred to in Article 4. 5 par. 2. Rules of Art. 5 par. 4-9 shall apply mutatis mutandis.

3. Where the total income of the family of the person exercising the care and the family of the person requiring care per person exceeds the amount entitling the person concerned to the special care allowance by an amount less than or equal to the amount corresponding to the the lowest entitlement to a survivor's allowance during the period for which the special care allowance is fixed shall be entitled if he has been entitled in the previous period of the benefit. If income is exceeded in the following calendar year, the special care allowance shall not be entitled.

4. For the income of the family of the person requiring the care referred to in the mouth. 2, the income of the following family members shall be considered:

1) where the person requiring care is a minor:

(a) a person requiring care,

(b) parents of a person requiring care,

(c) the spouse of the parent of the person requiring care,

(d) the person with whom the care of the person requiring the care is raised by the child,

(e) dependants of the persons referred to in point (s). a-d, children up to the age of 25. year of life

-except that the child is not a child under the care of a legal guardian, a child married to a child, a child of his own child, and a parent of a person requiring the care of the person who is required to take care of the child. an executive order originating in or approved by the court to the alimony of its favour;

2) where the person requiring care is full of age:

(a) a person requiring care,

(b) the spouse of the person requiring care,

(c) the person with whom the person requiring the care is brought up by a child,

(d) dependants of the persons referred to in point (s). a-c, children up to the age of 25. year of life

-except that the family members do not include a child under the care of a legal guardian, a child married to a child, and a child of a child who has a child who is a child.

5. Where the right to a special care allowance is determined by the person under the care of a legal guardian or placed in a foster-related foster family within the meaning of the Act of 9 June 2011. to support family and foster care system (Dz. U. of 2013 r. items 135, as amended), account shall be taken of the family income of the care worker and the income of the person who is required to care.

6. Special care allowance shall be entitled to PLN 520,00 per month.

7. Special care allowance for the full calendar months shall be paid in the amount of 1/30 of the special care allowance for each day. The amount of the allowance shall be rounded up to the nearest 10 groszy.

8. A special care allowance shall not be entitled if:

1. The person who is in charge of care:

(a) is entitled to a pension, pension, survivor's pension for the death of the spouse granted in the event of the confluence of the right to a survivor's pension and other pension, social pension, permanent benefit, teacher's benefit compensation, retirement benefit or pre-retirement benefit,

(b) (repealed),

c) has established the right to special care allowance, nursing care allowance or guardian allowance referred to in the Act of 4 April 2014. to determine and disburse the allowances for the carers,

(d) it shall legitimise a judgment which has a significant degree of disability;

2) a person requiring care has been placed in a foster family, with the exception of a relative foster family, in the child's family home or, in connection with the need for education, revalidation or rehabilitation, in a facility providing round-the-clock care, including in a special education and educational centre, with the exception of the entity performing the medicinal activity, and uses the 24-hour care unit for more than 5 days a week;

3) per person requiring the care of another person shall have a fixed right to early retirement;

4) a member of the family of the care person shall have the established right to the allowance for family allowance referred to in Article. 10, special care allowance, nursing care allowance or care allowance provided by the Act of 4 April 2014. to determine and disburse allowances for carers;

5) per person requiring care shall be determined the right to the allowance for family allowance referred to in art. 10, the right to special care allowance, the right to benefit of the nursing care or the right to the welfare allowance referred to in the Act of 4 April 2014. to determine and disburse allowances for carers;

6) to a person requiring care another person is entitled abroad to provide cover for expenses relating to the care, unless the provisions on the coordination of social security schemes or bilateral social security agreements constitute otherwise.

Article 17. [ Benefit of care] 1. The benefit of nursing for the resignation of employment or other gainful employment shall be granted:

1) mother or father,

(2) the child's actual guardian,

3) to a person who is a foster family related within the meaning of the Act of 9 June 2011. to support the family and foster care system,

4) to other persons, on whom, in accordance with the provisions of the Act of 25 February 1964 -Family and care code of pregnancy, with the exception of persons with a significant degree of disability

-if they do not take up or give up employment or other gainful employment for the purpose of caring for a person with a significant disability or a disability judgement including indications: the need for permanent or long-term care or assistance of another person in connection with a significantly reduced possibility of self-existence and the need for permanent complicity on a child's guardian day in the process of his treatment, rehabilitation and education.

1a. The individuals referred to in paragraph 1. 1 point 4, other than related to the person requiring care, shall be entitled to a nursing benefit, where the following conditions are met:

1) parents of a person requiring care are not living, have been deprived of parental rights, are minors or legitimise a judgment of a significant degree of disability;

2) there are no other persons related to the first degree, are minors or legitimise a judgment of a significant degree of disability;

3) there are no persons referred to in paragraph. Article 1 (2) and (3), or with a decision on a significant degree of disability, shall be held.

1b. [ 11] A nursing benefit shall be entitled if the disability of a person requiring care has arisen:

1) not later than the completion of 18. year of life or

2) in the course of studying at school or at a higher school, however, not later than to complete 25. year of life.

2. (repealed).

2a. (repealed).

2b. (repealed).

2c. (repealed).

2d. (repealed).

3. The nursing witness is entitled to the amount of 1300,00 zł [ 12] monthly.

3a. The amount of the nursing benefit shall be subject to annual valorisation as from 1 January.

3b. The valorisation shall consist of an increase in the amount of the maintenance benefit of the valorisation rate. The rate of valorisation shall be the percentage increase of the minimum wage for the work referred to in the Act of 10 October 2002. with a minimum wage for work (Dz. U. No 200, pos. 1679, 2004 No. 240, pos. 2407 and 2005 Nr 157, poz. 1314), which is in force on 1 January of the year in which the valorisation is carried out, in relation to the amount of the minimum wage for the work in force on 1 January of the year preceding the year in which the valorisation is carried out.

3c. The amount of the care to be determined in the manner set out in the paragraph. 3b will be rounded up to the nearest gold.

3d. The amount of the nursing benefit for the following calendar year is subject to the notice by the Minister of the competent social security matters in the Official Journal of the Republic of Poland "Monitor Polski", within the period of time 15 November of each year.

4. The nursing allowance for incomplete calendar months shall be paid in the amount of 1/30 of the nursing benefit for each day. The amount of the benefit payable shall be rounded up to 10 groszy.

5. A nursing witness shall not be entitled if:

1. The person who is in charge of care:

(a) is entitled to a pension, pension, survivor's pension for the death of the spouse granted in the event of the confluence of the right to a survivor's pension and other pension, social pension, permanent benefit, teacher's benefit compensation, retirement benefit or pre-retirement benefit,

b) has established the right to special care allowance, nursing care allowance or guardian allowance referred to in the Act of 4 April 2014. to determine and disburse allowances for carers;

2) a person requiring care:

(a) shall remain in marriage, unless the spouse legitimises a judgment of a significant degree of disability,

(b) has been placed in a foster family, with the exception of the foster family, the child's family home or, in connection with the need for education, revalidation or rehabilitation, in a facility providing 24-hour care, including in a special case a school and educational centre, except in the case of a medical practitioner, and who benefits from 24-hour care for more than 5 days a week;

3) per person requiring the care of another person shall have a fixed right to early retirement;

4) a member of the family of the care person shall have the established right to the allowance for family allowance referred to in Article. 10, special care allowance, nursing care allowance or care allowance provided by the Act of 4 April 2014. to determine and disburse allowances for carers;

5) per person requiring care shall be determined the right to the allowance for family allowance referred to in art. 10, the right to special care allowance, the right to benefit of the nursing care or the right to the welfare allowance referred to in the Act of 4 April 2014. to determine and disburse allowances for carers;

6) to a person requiring care another person is entitled abroad to provide cover for expenses relating to the care, unless the provisions on the coordination of social security schemes or bilateral social security agreements constitute otherwise.

Art. 17a. [ Family benefits in kind form] Where the social assistance centre has provided the competent authority with the competent authority that the person entitled or the person entitled to do so does not have the family benefits paid or disbursed the benefits, the competent authority shall communicate the relevant information to the competent authority. a family benefit in whole or in part in a physical form.

Article 17b. [ Provision of nursing for farmers] 1. Where the benefits referred to in art are provided 16a and art. 17 the applicants, the spouses of farmers or the household, who are eligible for the benefit of the pension, shall be entitled to:

(1) farmers in the event of the cessation of their agricultural holding;

(2) the spouses of the farmers or of the household in the event of the cessation of their agricultural holding or the performance of their work on the holding.

2. The cessation of the holding of an agricultural holding or the cessation of the work on the holding referred to in paragraph 2 shall cease to be carried out. 1, shall be confirmed by an appropriate statement made under the penalty of criminal liability for making false statements. The applicant shall be obliged to enter in it the clause of the following text: "I am aware of the criminal responsibility for making a false statement." This clause replaces instructing the body of criminal responsibility for making false statements.

Chapter 4

Rules for verification of family benefits

Article 18. [ Verification of benefits and threshold for income support] 1. The amounts referred to in art. 5 par. 1 and 2 and in art. 15b par. 2, and the amount of family benefits, excluding the amount of the nursing benefit, shall be subject to verification every 3 years, taking into account the results of the income support threshold of the families.

2. The threshold of income support of families shall examine and present the Institute of Labour and Social Affairs.

3. The Minister responsible for social security shall determine, by means of a regulation, the way in which the income support threshold for families, including the group of expenditure and their scope, the data source, the period from which the price of the goods and services is to be accepted, shall be established, Having regard to the level of expenditure of households in the II wintilla of distribution of income.

Article 19. [ Consultation on the verification of benefits] 1. The year in which the verification referred to in art is carried out shall be carried out. 18 (1) 1, the Council of Ministers, by 15 May, presents the Tripartite Commission for Socio-Economic Affairs:

1) proposals for the amount of the amounts referred to in Article 5 par. 1 and 2 and in art. 15b par. 2;

2) proposals for the amount of family benefits, excluding the amount of the nursing benefit;

3) results of research on the threshold of income support of families;

4) information on the implementation of family benefits for the period from previous verification, including the number of persons receiving family benefits and expenses for that purpose in individual years;

5) information on the income situation of families with dependent children.

2. The Trilateral Commission for Economic and Social Affairs, after receiving the proposals and information of the Council of Ministers, shall agree on the amount of the amounts referred to in art. 5 par. 1 and 2 and in art. 15b par. 2, and the amount of family benefits, with the exception of the amount of the nursing care allowance, by 15 June of the calendar year concerned.

3. The amount of the family allowance as from 1 November 2009. shall not be less than 40% of the value of the food basket for a given age group as established in the income support threshold studies of the families.

4. Where the Trilateral Commission for Economic and Social Affairs does not agree within the time limit referred to in paragraph 1, the Commission shall have the right to agree to the Commission. 2, the amount of the amounts referred to in Article 5 par. 1 and 2 and in art. 15b par. 2, and the amount of family benefits, excluding the amount of the nursing benefit, the Council of Ministers shall determine by way of regulation, the amounts referred to in art. 5 par. 1 and 2 and in art. 15b par. 2, and the amount of family benefits, excluding the amount of the nursing benefit, by the deadline of 15 August of the year concerned, at a level not lower than that results from the proposals referred to in the paragraph. 1 (1) and (2).

5. The amount of the amounts referred to in art. 5 par. 1 and 2 and in art. 15b par. 2, and the amount of family benefits, excluding the amount of the nursing benefit, shall be published in the Official Journal of the Republic of Poland "Monitor Polski", by the announcement of the Prime Minister, by the date of 15 August of the year, in which the verification is carried out.

Chapter 5

Entities implementing tasks in the field of family benefits

Article 20. [ The body implementing tasks in the field of family benefits] 1. The competent authority shall carry out tasks in the field of family benefits as a task commissioned from the scope of government administration.

2. The procedure for family benefits shall be carried out by the competent authority.

3. The competent authority may authorise, in writing, its deputy, employee of the office or head of the social assistance centre or other organisational unit of the municipality, and another person at the request of the manager of the social assistance centre or other the business unit of the municipality to carry out the proceedings in the cases referred to in paragraph 1. 2, as well as to issue decisions on these matters.

4. In the case of the entitlement of the head of the social assistance centre, the centre of the social assistance centre shall be established in order to carry out family benefits. The implementation of family benefits must not give rise to irregularities in the performance of social assistance tasks, and must not affect the employment standards of social workers as defined in the social assistance rules.

Article 21. [ Local Government Tasks] 1. The self-government of the voivodship carries out tasks in the field of family benefits as a task commissioned from the scope of government administration. These tasks include:

1) the performance of the function of the competent institution in connection with the participation of the Republic of Poland in the coordination of social security systems in the case of the movement of persons within the borders of the European Union and the European Economic Area;

2) to issue decisions on family benefits implemented in connection with the coordination of social security systems.

2. Marshal of the voivodship due to the place of residence of the applicant for family benefits may, in writing, empower the director, his deputy or another employee of the regional centre of social policy or other an employee of the Marshal's Office to arrange on his behalf matters relating to the implementation of family benefits in the framework of the coordination of social security systems and to issue decisions on these matters.

3. Family benefits granted by the decision issued by the Marshal of the voivodship shall be paid by the competent authority.

4. The self-government of the voivodship lists data on family benefits under the Electronic Exchange System of Information on Social Security as referred to in Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 concerning the implementation of Regulation (EC) No 883/2004 on the coordination of social security systems, through the contact point referred to in Article 22 par. 2.

Article 22. [ Tasks of the Minister responsible for social security] 1. The Minister competent for Social Security matters shall be the competent authority and the liaison body in the field of family benefits in connection with the participation of the Republic of Poland in the coordination of social security systems.

2. The Minister responsible for Social Security shall lead the point of contact referred to in Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009. concerning the implementation of Regulation (EC) No 883/2004 on the coordination of social security systems for the exchange of data within the framework of the Electronic Exchange of Information on Social Security in the field of benefits family.

3. The Minister responsible for social security may process personal data, if this is necessary for the conduct of the contact point referred to in the paragraph. 2, including the exercise of the rights or obligations arising from the provisions on the coordination of social security systems.

Article 22a. [ Disposable oblivion for the birth of a child granted by the municipal council] 1. The municipal council, by way of a resolution, may grant to persons residing in its territory a one-time oblivion from the birth of their child.

2. The oblivion referred to in paragraph. The provisions of Chapters 4, 6 and 7 shall not apply.

3. Detailed rules for the granting of the forgetwork shall be defined by the resolution of the

4. In connection with the birth of one child may be granted only one oblivion.

5. The payment of the aid shall be financed by the municipality's own resources.

Chapter 6

Procedure for the granting and payment of family benefits

Article 23. [ Application for the determination of the right to family benefits] 1. The determination of the right to family benefits and their payment shall be made, respectively, at the request of the spouses, one of the spouses, parents, one of the parents, the guardian of the actual child, the legal guardian of the child, the person of the learner, the full year of the person a disabled person or other person authorized to represent a child or a full disabled person, as well as persons on whom, pursuant to the provisions of the Act of 25 February 1964 -Family and caring code, pregnancy maintenance obligation.

2. The application shall be lodged with the office of the municipality or the city competent for the place of residence of the person referred to in the paragraph. 1.

3. The application shall contain data on:

1) the person applying for the granting of family benefits, including: first name, surname, date of birth, PESEL number, and in the event that the PESEL number is not given-the number of the document confirming the identity;

2. the dependent children of the person referred to in paragraph 2. 1, including: first name, surname, PESEL number, date of birth, marital status.

4. The application shall be accompanied by the following:

(1) a certificate of income subject to personal income tax, on the basis of the rules laid down in Article 4 (1) of the basic Regulation. 27, 30b, 30c and 30e of the Act of 26 July 1991. with income tax on individuals, each family member, issued by the Head of the competent tax office, containing information about the amount of:

(a) income,

(b) social security contributions deducted from income,

(c) the tax due;

2) certificates documenting the amount of other income;

3) a statement on the declared income to be made by persons subject to flat-rate income tax provisions on certain revenues generated by natural persons, containing in particular information about:

(a) income,

(b) the amount of social security contributions due,

(c) the amount of the health insurance contributions due,

(d) the amount and form of the income tax paid,

(e) the amount of income after deduction of premiums and taxes due;

4) other certificates or statements and evidence necessary to establish the right to family benefits, including:

(a) a document stating the child's age,

(b) a decision on disability or of the degree of disability,

(c) a final judgment of a family court stating the adoption or attestation of the family court or the adoption centre of the court proceedings in the case of adoption of the child,

(d) the final judgment of the family court adjudicating divorce or separation,

(e) the decision of the family court to determine the child's legal guardian,

(f) a certificate on the attendance of a child to a school or a higher education;

(g) a certificate from the office of employment of a lack of a proposal for employment or other gainful employment for the person applying for the allowance referred to in art. 11 ,

(h) the employer's certificate of the date of the parental leave and the period for which it was granted, and of the periods of employment,

(i) a certificate or a statement of the amount of the health insurance contribution.

4a. Where there are doubts in relation to the applicant for family benefits, the circumstances referred to in Article 4 (1) of Regulation (EC) No 1084b of the EC 3 point 17a, the competent authority may interview.

4aa. If there are doubts about the circumstances referred to in Article 4 in respect of the person seeking the nursing benefit or the person who takes the benefit of the benefit. 17, the competent authority may request the head of the social assistance centre to conduct a family environmental interview, as referred to in the Act of 12 March 2004. of social assistance (Dz. U. of 2013 r. items 182, as amended), in order to verify the circumstances referred to in art. 17.

4b. In the cases referred to in paragraph 1. 4a and 4aa, the competent authority may apply to the social assistance centre for information on the circumstances referred to in Article 4. 3 points 17a or art. 17 if these circumstances were established in a family environmental interview carried out not earlier than 3 months prior to the date of receipt by the centre of the social assistance application for information.

4c. Paragraph Recipe 4b shall apply mutatis mutandis where the competent authority has authorised the conduct of the family benefits procedure of the head of the social assistance centre or of the manager of another municipality, or of another person at the request of the manager social assistance centre, or manager of another organisational unit of the municipality.

4d. In the case of loss of income or income to the application for family benefits, you must attach documents confirming their loss or obtaining and their height.

4e. Setting the right to a special care allowance, the competent authority shall ask the head of the social assistance centre to carry out the family environmental interview, as referred to in the Act of 12 March 2004. of social assistance, in order to verify the circumstances regarding the fulfilment of the conditions referred to in Article 16a.

4f. Updates to the interview referred to in paragraph. 4e, shall be carried out after six months if, by the end of the period for which entitlement to the special care allowance has been fixed, more than 3 months remain, and in any situation where there are doubts as to the fulfilment of the conditions, which are referred to in art. 16a.

4g. The provisions of the paragraph. 4e and 4f shall apply mutatis mutandis where the competent authority has authorised the conduct of the family benefits procedure of the head of the social assistance centre or any other organisational unit of the municipality, or any other person at the request of the manager. social assistance centre, or other organisational unit of the municipality.

5. The Minister responsible for the family shall determine, by means of regulations, the manner and the procedure for dealing with matters of family benefits and designs:

1) applications for the establishment of the right to family benefits,

2) a certificate from the tax office referred to in paragraph. 4 point 1,

3) statements on the income of the family, including statements of persons accountable on the basis of the lump-sum income tax provisions on certain revenues obtained by natural persons, and other statements and evidence necessary to establish Entitlement to family benefits,

4) the intelligence questionnaire referred to in paragraph. 4a

-by the need to harmonise procedures and to provide appropriate documentation necessary for the smooth implementation of family benefits.

(5a) Whenever the following circumstances are required in the proceedings for family benefits, the following conditions are required:

1) attending a child to a school or a higher school,

2) the amount of the income of the family or family members obtained by the family or members of the family in the calendar year preceding the sow period, including the income referred to in paragraph. 4 points 1 and 2,

(3) size of the agricultural holding,

4) the amount of the family member's stay fee in the institution providing round-the-clock maintenance,

5) the term and period for which the employer has been granted leave of parental leave and periods of employment,

6) the notification to social security,

7) the non-use of round-the-clock childcare placed in a special education and educational centre,

8) no proposal for employment or other gainful employment

-a person applying for a family benefit may submit an appropriate certificate or statement.

5b. In the case of a statement confirming the circumstances referred to in the paragraph. 5a (4), shall be accompanied by proof of the fee paid and, in the case referred to in paragraph 1, in the case referred to in paragraph 1 5a point 6. A copy of the monthly report of the insured person confirming the discharge of social security contributions is also attached.

5c. The certificates referred to in paragraph 1. 5a, it consists of a rigorous criminal liability for making false statements. The applicant shall be obliged to enter in it the clause of the following text: "I am aware of the criminal responsibility for making a false statement." This clause replaces instructing the body of criminal responsibility for making false statements.

6. The Minister responsible for Social Security, in agreement with the Minister responsible for IT, shall determine, by means of a regulation:

1) a description of the information and communication systems used in public administration offices carrying out tasks in the field of family benefits, containing the structure of the system, the required minimum functionality of the system and the scope of communication between elements the structure of the system, including a statement of the structures of electronic documents, data formats, and communication and encryption protocols referred to in Article 13 (1) 2 point 2 (a) and the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2013 r. items 235),

2) standardization requirements in terms of safety, performance and system development,

3) how to deal with the determination of software compliance with the description of the system

-with a view to ensuring the consistency of the information and communication systems used in public administrations to carry out tasks in the field of family benefits, in particular as regards the homogeneity of the scope and the type of data which will enable them to merge into a central set, as well as the compliance with the minimum requirements and the way the software compliance is established, as determined by the Act of 17 February 2005. o computerisation of the activities of public entities.

7. The offices of public administration to carry out tasks in the field of family benefits use the software which complies with the requirements laid down by the Minister responsible for social security in the provisions issued on the basis of the paragraph. 6, and with its application, draw up the reporting to be transmitted by the voyeurn.

8. The Minister competent for the family is obliged to set up a central register covering the following information collected on the basis of the provisions of the Act by the competent authorities and the voivodship authorities when carrying out the tasks in the area of benefits family:

1. data relating to persons receiving family benefits:

(a) first and last name,

b) date of birth,

(c) address of residence or stay,

(d) place of residence or stay,

(e) the reference number of the PESEL,

(f) the identity of the document confirming the identity in the case of persons who do not have a PESEL number,

(g) marital status,

(h) nationality,

(i) the degree of kinship with family members,

(j) the type of school to which the child for which a family benefit is being received or the learners,

(k) health,

(l) the number, type and amount of the benefits paid,

(m) sex,

(n) income;

2) the value of the benefits provided.

9. The information referred to in paragraph. 8, may be processed by the Minister responsible for Social Security matters under the rules laid down in the provisions of the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2002. No. 101, pos. 926, with late. zm.). The competent authorities and the voivodship authorities shall transmit the data to the Central Register using the software referred to in paragraph 1. 7.

Art. 23a. [ Member of the family abroad] 1. In the case where a family member of a person entitled to family benefits stays outside the borders of the Republic of Poland in the State where the provisions on the coordination of social security systems apply, the competent authority shall submit application together with the documents to the Marshal of the voivodship.

2. In the case of departure of a member of the family to the state referred to in the paragraph. 1, after the issuing by the authority of a competent decision granting family benefits, the competent authority shall apply to the Marshal of the voivodship to determine whether the provisions for the coordination of social security systems apply.

2a. Provisions of the paragraph. 1 and 2 shall not apply in the case of a trip or a tourist stay, a medicinal product or related to the taking by a child of education outside the borders of the Republic of Poland.

3. In the cases referred to in paragraph. 1 and 2, the marshal of the voivodship shall determine whether the provisions on the coordination of social security systems are applied in the case provided.

4. Where the Marshal of the voivodship in the situation referred to in the paragraph 1, determine that the rules on the coordination of social security systems are applicable, it shall issue a decision in accordance with art. 21.

5. In the case when the Marshal of the voivodeship, in the situation referred to in the paragraph. 2, establishes that the rules on the coordination of social security systems are applicable, the competent authority shall revoke the decision granting family benefits from the date on which the person is subject to the legislation of the State referred to in paragraph 1. 1, in the field of family benefits in connection with the application of the provisions on the coordination of social security systems.

6. In the case referred to in paragraph. 5, the Marshal of the voivodship shall issue a decision on family benefits in accordance with art. 21 from the date on which the person is subject to the legislation of the State referred to in the paragraph. 1, in the field of family benefits in connection with the application of the provisions on the coordination of social security systems.

7. In the event that the Marshal of the voivodship determines that the rules on the coordination of social security systems are not applicable:

1. shall refer the matter to the competent authority for the determination of the right to family benefits-in the case referred to in paragraph. 1;

2) inform the competent authority of this fact-in the case referred to in paragraph. 2.

8. The competent authority in the case referred to in paragraph 1. Article 7 (1) establishes the right to family benefits from the month of submission of the application referred to in paragraph 1. 1.

9. The Marshal of the voivodship shall determine and recover unduly collected family benefits in cases where the provisions on the coordination of social security systems apply. Article Recipe 30 shall apply mutatis mutandis.

10. In the case of reimbursement by the institution of the country referred to in paragraph. 1, unduly collected family benefits in accordance with the provisions on the coordination of social security systems, the Marshal of the voivodship may waive the remaining amount of the undue paid benefits including the statutory interest in whole or in parts, in particular if the remaining amount is due to the difference in exchange rate.

Article 24. [ Allowance period] 1. The right to family benefits shall be fixed for the duration of the benefit, except for the benefits referred to in Art. 9, art. 14-16 and art. 17.

2. [ 13] The right to family benefits shall be determined from the month in which the application is received with duly completed documents, up to the end of the period of the allowance.

2a. If, within a period of three months from the date of the decision on the disability or of a decision on the degree of disability, a request for the right to benefit depends on the disability is made, that right shall be determined by the from the month in which the application for disability or the degree of disability has been submitted.

3. In the case of determining the right to family benefits dependent on the disability of a person, the right to family benefits shall be set for the duration of the benefit, unless the decision on disability or the decision on the degree of disability has been issued for a specified period. In this case, the right to family benefits shall be fixed by the last day of the month in which the decision expires, but no longer than the end of the period of the benefit.

3a. (repealed).

3b. (repealed).

4. The right to a care allowance or nursing care allowance shall be determined for an indefinite period, unless the decision of a disability or a judgment of a degree of disability has been issued for a specified period of time. In the case of a decision on disability or a decision on the degree of disability for a given period of time, the entitlement to the nursing allowance or nursing benefit shall be fixed by the last day of the month in which the expiry date expires. Decisions.

5. Family strength shall be entitled for September if a child or a learners with a judgment of moderate or significant degree of disability after graduation in the school has been accepted, in the same calendar year, to the school higher.

6. In the event of loss of income, the right to family benefits shall be established from the first month following the month in which the loss of income occurred, but not earlier than the month of submission of the application.

7. Where the acquisition of income results in the loss of the right to family benefits, benefits shall not be entitled from the month following the first month of the month in which the income was obtained.

Article 24a. [ Correction and Addendum] 1. In the event of the filing of an incorrectly completed application, the entity realizing the benefits shall call upon the applicant in writing to correct or supplement the application within 14 days from the day of receipt of the call. Failure to comply with the call shall result in the application being left unprocessed.

2. Where a person submits an application without the required documents, the person performing the benefit shall accept the application and set a time limit of not less than 14 days and no longer than 30 days to supplement the missing documents. Failure to comply with the call shall result in the application being left unprocessed.

3. Where the cause of failure to provide the required document by the person submitting the application is the failure to issue the document by the competent institution in the law specified, in separate provisions, the time limit and the person may document this, benefits shall be available from the month in which the application was lodged.

Article 25. [ Notification of changes affecting the right to family benefits] 1. In the case of the occurrence of changes in the number of family members, income or other changes affecting the right to the family benefits of the person referred to in art. 23 (1) 1, is obliged to immediately notify the paying authority of the family benefits.

2. Where the child has reached the age causing the transition to the next age group, the child benefit shall be paid in the amount corresponding to the new age group of the child, from the month following the month in which the child reaches the age of the age group. this change has occurred.

3. Persons receiving family benefits, public institutions and non-governmental organisations shall be obliged to provide, at the request of the competent authority, explanations and information as to the circumstances affecting the right to family benefits.

Article 25a. (repealed).

Article 26. [ Payment of family benefits] 1. Family benefits shall be paid no later than the last day of the month for which the family benefit has been granted.

2. In the case of submission of an application for the determination of the right to family benefits after the 10th day of the month, the family benefits for the given month shall be paid at the latest by the last day of the month following the month in which the application was submitted.

2a. Conclusions on the establishment of the right to family benefits for a new period of benefit shall be accepted from 1 September.

3. Where a person applying for a family benefit for a new period of benefit will submit an application together with the documents up to 30 September, the determination of the right to family benefits and payment of the benefits for the month of November shall be made to the On 30 November.

4. Where a person applying for a family benefit for a new period of benefit will submit an application together with the documents during the period from 1 October to 30 November, the determination of the right to family benefits and the payment of the benefits The month of November shall be until 31 December.

5. An application for an allowance referred to in art. 9, consists of the completion by the child of the first year of life.

6. The entity implementing family benefits shall be obliged to inform applicants for family benefits of the time limits for the submission of applications referred to in paragraph 1. 3 and 4 and in art. 24.

Article 27. [ Rights] 1. In the event of the concourse of the right of parents, the guardians of the child's actual or legal guardians to the child's benefits, those benefits shall be paid out to that of the parents, the guardians of the actual child or the legal guardians of the child who first submitted application.

2. If the child does not remain in the common household with both parents, the family benefits shall be paid to that of the parents under whose care the child is located.

3. In the case of the confluence of the right to the family allowance with the right to the foreign exchange of the family allowance of the employees of the Polish diplomatic posts and consular posts shall be entitled to one of the selected benefits.

4. In the event of the confluency of the entitlement to the nursing care allowance, special care allowance or the welfare allowance referred to in the Act of 4 April 2014. to establish and pay allowances for carers entitled to more than one person who is taking care of a person or persons who require care are granted only one nursing allowance, a special care allowance or an allowance for a person who is entitled to a care allowance the guardian of the person who submitted the application first.

Article 28. [ Cessation of the payment of family benefits] 1. Holdings of payment of family benefits shall be held if the person referred to in art. 23 (1) 1, refused to grant or did not give, within the prescribed time limit, explanations as to the circumstances affecting the right to family benefits.

2. In the case of the explanations referred to in paragraph 1. 1, the family benefits shall be paid for the month in which the explanations have been received, until the end of the allowance period if the person meets the conditions set out in the Act.

3. The payment of family benefits shall be held if the person referred to in art. 23 (1) 1, does not take family benefits for three consecutive calendar months.

4. In the case of a person's declaration after the expiration of three months, he shall be paid the benefits for the entire period of withholding, if the person meets the conditions set out in the Act.

5. If the resumption of payment of the paused family benefits does not take place until the end of the period of the benefit, the right to family benefits shall expire.

Article 29. [ Processing of personal data, obligation to issue attestas] 1. The entity performing tasks in the field of family benefits may collect and process, to the extent specified in the Act, the personal data of the person referred to in art. 23 (1) 1, and members of her family.

2. Employers, the competent organisational units subordinate to the Minister of National Defence, the Minister of the Interior, the Head of the Intelligence Agency, the Head of the Internal Security Agency, the Minister of Justice, paying agents salaries of persons in resting or family allowances, entities which have entered into an agency contract or contract or service contract, agricultural production cooperatives, competent financial authorities, pension and pension bodies, establishments Social Insurance, hereinafter referred to as 'the Plant', Agricultural Fund Social insurance and government and local government offices are obliged to issue the certificates necessary to establish the right to family benefits. The issuing of certificates shall be free of charge.

Article 30. [ Undue family benefit] 1. The person who has collected unduly family benefits shall be obliged to return them.

2. For unduly collected family benefits shall be considered to:

(1) family benefits paid despite the existence of circumstances which result in the cessation or suspension of the right to family benefits or the cessation of the payment of family benefits in whole or in part if the person receiving the benefits has been instructed to do so the absence of the right to download them;

2) family benefits granted or paid on the basis of false confessions or documents or in other cases of deliberate mislead by the person receiving the benefits;

3) family benefits paid in the case referred to in art. 23a ust. 5, for the period from the date on which the person became entitled to family benefits in another State in connection with the application of the provisions on the coordination of social security systems, until the day of the decision to repeal the decision granting the benefit family;

4) family benefits granted on the basis of a decision, which was subsequently declared invalid because of its issue without a legal basis or with a flagrant violation of the law or a family benefit granted on the basis of the decision, which was subsequently the resumption of the procedure and the person has been refused the right to family benefit.

2a. (repealed).

3. Receivables for unpaid family benefits shall be subject to an expiration of 3 years from the date on which the decision establishing these claims became final.

4. The statute of limitations shall be interrupted: postponement of the due date of the payment, payment of the payment of the payment on instalments and any other act aimed at the collection of the debt, if the debtor has been notified of the activity of that debtor.

5. There shall be no decision on the reimbursement of unpaid family benefits if more than 10 years have elapsed since the date of their collection.

6. The amounts of the unpaid family benefits established by the final decision shall be deducted from the family benefits paid and the allowances for the guardians referred to in the Act of 4 April 2014. to determine and disburse the allowances for the carers.

7. Non-dependent family benefits are subject to enforcement in the enforcement proceedings in the administration.

8. The amounts of family benefits referred to in paragraph. 2, they shall be refunded together with the statutory interest on the bank account indicated by the competent authority. Interest shall be calculated from the first day of the month following the day of payment of the family benefits until the date of repayment.

9. The competent authority, which has issued a decision on unpaid family benefits, may waive the amount of the unpaid family benefits, including interest in whole or in part, to postpone the payment deadline or to spread over the instalment if there are particularly legitimate circumstances regarding the situation of the family.

10. In the case of a refund of the wrongfully collected family benefits in the form of a check, no check is carried out when the amount of the refund is lower than the cost of handling the check.

11. In the event of the death of a person who has received undue family benefits, the receivables referred to in para. 2 and 8, they expire.

Article 31. [ Error in determining entitlement to family benefits] If the refusal to grant family benefits or to determine the amount of the family benefits was a consequence of the error of the person implementing the family benefits task, the payment of the family benefits may take place three years back from the date of notification of the to make a mistake or the day of issuing a decision to provence an error of office.

Article 32. [ amendment or repeal of administrative decision] 1. The competent authority and the Marshal of the voivodship may, without the consent of the party, amend or repeal the final administrative decision, under which the party acquired the right to family benefits, if the family or income situation of the family has changed. impact on entitlement to family benefits, a family member has acquired the right to family benefits in another State in connection with the application of the provisions on the coordination of social security schemes or the person wrongly married.

1a. Changing the decision in favor of the party does not require its consent.

(1b) The decision to amend the decision establishing the right to provide nursing care in respect of the change in the amount of that benefit shall take place on the basis of the office.

1c. The happiness of the proceedings referred to in paragraph 1. 1b, it does not require a page notification.

1d. Decisions on the change in the amount of the nursing care benefit are immediately feasible.

2. In matters not governed by this Act, the provisions of the Act of 14 June 1960 shall apply. -The Code of Administrative Procedure (Dz. U. of 2013 r. items 267).

Chapter 7

Financing of family benefits

Article 33. [ Financing of family benefits] 1. The financing of family benefits shall apply the provisions on public finances.

2. Family benefits and the cost of their service, contributions to pension and disability insurance and contributions to health insurance are financed in the form of a special-purpose subsidy from the state budget.

2a. The costs of the service referred to in paragraph 2. 2, amount to 3% of the family allowances received and the social security contributions, but not less than 6000 PLN per year for the competent authority.

The reimbursement of the unpaid family benefits during the financial year in question shall not affect the amount of the service costs referred to in paragraph 1. 2a.

2c. The competent authority and the marshal of the voivodship shall draw up and transmit, via the voivodship, the Minister responsible for the family of financial and financial reports on the tasks of family benefits.

3. The Minister responsible for the family shall determine, by means of a regulation, the models and the manner in which the financial and financial statements are drawn up in respect of the tasks of family benefits and the time limits and how they are presented, taking account of the need for ensuring the completeness and uniformity of the information provided by the bodies implementing the law and ensuring the effective implementation of the family benefits tasks financed from the state budget and the budgets of the municipalities.

Chapter 8

Amendments to the provisions in force

Article 34. (bypassed).

Article 35. (bypassed).

Article 36. (bypassed).

Article 37. (bypassed).

Article 38. (bypassed).

Article 39. (bypassed).

Article 40. (bypassed).

Article 41. (bypassed).

Article 42. (bypassed).

Article 43. (bypassed).

Article 44. (bypassed).

Article 45. (bypassed).

Article 46. (bypassed).

Chapter 9

Transitional and adaptation provisions

Article 47. [ The amount of the monthly family allowance during the transitional period] 1. For the period from 1 May 2004 by 31 August 2006 the amount of the monthly family allowance is:

1) 43,00 zł for first and second child;

2) 53,00 zł for the third child;

3) 66,00 zł for the fourth and subsequent child.

2. during the period from 1 May 2004 by 31 August 2005 the right to family benefits shall be determined on the basis of the income obtained by the family in the calendar year 2002.

Article 48. [ Entities carrying out family benefits tasks] 1. By the date of referral to the authority, the application for entitlement to family benefits as well as their payment shall be made by the bodies referred to in paragraph 1 to the competent authority. 2 (2) and (2) 49 (1) 1 point 2.

2. during the period from 1 May 2004 by 31 August 2005 family benefits grant and pay:

1) the family allowance referred to in art. 6, as well as allowances for family allowances referred to in Article 6. 9-15, as well as nursing care and nursing care allowance-competent authority:

(a) persons who are unemployed and persons who charge a pre-retirement pension or a pre-retirement pension,

(b) persons who, by the date of entry into force of the Act, have granted family and nursing allowances and paid centres of social assistance,

(c) persons applying for the additives referred to in Article 10- 12 , or for the nursing benefit referred to in Article 17,

(d) persons employed or performing work on the basis of an agreement or agency contract with an employer employing on 31 March 2004. not more than 4 employees,

(e) persons to whom they are paid for the period after the termination of the employment of social security benefits in the event of sickness and maternity,

(f) Members and senators,

(g) persons who, after the date of entry into force of the law, have been entitled to a pension, survivor's pension, survivor's pension, social pension or family salary;

(2) the family allowance referred to in Article 3 (2) of the Directive. 6, and the additives referred to in Article 6. 9 and 13-15, as well as nursing allowances:

(a) Employer employing on 31 March 2004. at least 5 employees-their employees in the course of their employment and the persons performing the work on the basis of an agreement or agency contract,

(b) the competent organisational units subordinate to the Minister of National Defence, the Minister for Internal Affairs, the Head of the Intelligence Agency, the Head of the Internal Security Agency and the Minister of Justice, to the soldiers or officers. those services,

(c) the President of the Agricultural Social Insurance Fund, to persons subject to social insurance for farmers,

(d) Plant:

-insured persons other than those referred to in point (a). a-the activities of non-agricultural activities and the persons cooperating with them and the clergy,

-persons to whom he has paid a pension, a disability pension, a social pension or a survivor's pension, until the date of entry into force of the law,

(e) agricultural production cooperatives-members, if they are obliged to pay the family benefits,

(f) units which have entered into an agency contract or contract where they are obliged to pay out family benefits to employees,

(g) the competent pension authorities of persons to whom they have paid pensions, survivors 'pensions, survivors' pensions or family allowances, until the date of entry into force of the Act.

3. Entities performing tasks in the field of family benefits referred to in paragraph. 2 (1) and 2 (2) (a) b-d and g, family benefits shall be granted by administrative decision.

4. Until the date of referral to the Authority, the competent implementation of the family benefits tasks referred to in paragraph 4. 2 (2) and (2) 49 (1) In accordance with Article 4 (1) (2), they shall pay the family benefits in the past dates for the payment of family, nursing and parental allowances.

5. By the date of transfer to the Authority, the competent implementation of the tasks in the field of family benefits shall be financed by the State budget.

Art. 48a. [ Support costs during the transitional period] For the period from 1 May 2004 by 31 December 2004 the costs of the servicing referred to in Article 33 (1) 2, they represent 2% of the expenditure on family benefits.

Art. 48b. [ Payment Of Benefits] Family benefits for May 2004 shall be paid no later than 15 June 2004.

Article 49. [ The bodies granting benefits during the transitional period] 1. For the period from 1 September 2005 by 31 August 2006 family benefits grant and pay:

1) the family allowance referred to in art. 6, and the additives referred to in Article 6. 9-15, as well as nursing allowances and nursing care provision-competent authority;

(2) the family allowance referred to in Article 3 (2) of the Directive. 6, as well as allowances for family allowances referred to in Article 6. 9, 13 and 14, as well as nursing allowances, employing employers on 31 July 2005. at least 20 employees-their employees during the course of their employment and the persons performing the work on the basis of an agreement or agency contract.

2. Article Recipe 48 (1) 5 shall apply mutatis mutandis.

3. In the event of applying for the allowance referred to in art. 15, the family benefits shall be paid by the competent authority.

(4) The family benefits of a family shall be paid by one entity implementing those benefits.

Article 49a. [ The body granting family benefits to an applicant for an allowance for the raising of a child in the family of a large family] The competent authority shall, after the date of entry into force of the Act, grant and pay family benefits to the applicant for the family allowance for the raising of the child in the multi-family family. The provisions of Article 4 20 and 50 shall apply mutatis mutandis.

Article 50. [ Amendment of a family benefits entity] 1. In the event of a change in the person performing the family benefits, the obligation to inform the person who receives the benefit shall lie with the entity which has so far been the subject of the benefit. This obligation shall also apply to entities implementing family, nursing or educational allowances up to the date of entry into force of the Act.

2. Where the change in the person performing the family benefits takes place as a result of a change in the situation of the person in receipt of the family benefit, in particular when the change in the place of employment or retirement, the pension, the emoluments family or family pension, the implementation of family benefits shall be taken over by the competent authority.

3. In the case referred to in paragraph. 2, the operator of the family benefits shall be obliged to provide the competent authority without delay to the competent authority of the person in receipt of the family benefits. The person who carries out the family benefits shall, in his file, be certified by himself for the original copy of the documents.

4. Ohimself not mentioned in art. 48 and 49 of the entitlement to family benefits shall be granted by the competent authority.

Article 51. (bypassed).

Article 51a. (bypassed).

Article 52. [ Payment of the family benefits paid into social security contributions] Until the date of the transfer to the authority of the competent execution of the family benefits tasks, the amount of family benefits paid by the employers, and by the bodies which have concluded an agency contract or contract, shall be included in the amount due to the contract. social security contributions, with the exception of those whose payment has been recognised, by means of a decision, to be unfounded.

Article 53. [ Application for the determination of the right to family benefits] 1. The person whose family benefits are paid to the employer, the agricultural production cooperative or the entity which has entered into an agency contract or contract contract may request the Company to establish the right to these benefits and for the decision to be made.

2. The application for the establishment of the right to family benefits and the issuing of a decision may apply to the employer, also the employer, the agricultural production cooperative or the manager of the unit referred to in the paragraph. 1.

Article 54. [ Obligations of persons paying family benefits] 1. Until the date of the transfer to the competent authority of the family benefits tasks shall control the employers, agricultural production cooperatives and entities which have concluded an agency contract or an order contract, in the field of regularity the conduct of the procedure for granting and paying family benefits.

2. Until the date of the transfer to the authority of the competent execution of the tasks concerning the family benefits of the employer, the agricultural production cooperatives or the units which have entered into an agency contract or an order contract, the paying family benefits shall be required to:

1) maintain documentation on the payment of family benefits;

2) the presence of a branch of the Plant for the establishment of powers in the cases of doubt;

3. to show or present all documents relating to the payment of family benefits, to the control authorities of the Department and to other bodies authorized to control and to provide the necessary clarifications and information in these matters;

4) making or withholding a withdrawal at the request of the Department.

3. The competent authority, Zakład, Kasa Rolniczego UInsurance Social Insurance Fund and the pension and pension bodies carrying out family benefits shall be obliged to keep the documentation of the proceedings for the granting and payment of family benefits.

Article 55. [ Control of the correctness of the granting and payment of family benefits] 1. Until the date of referral to the authority, the competent authority for the implementation of family benefits check the correctness of the granting and payment of family benefits belongs to the authority authorised to issue the decision.

(2) In the event of a doubt, the authority authorised to issue the decision may invite the person to whom the family benefits have been granted, to provide additional explanations and document the income.

3. The body which issued the decision on the undue paid family benefits may waive the amounts of the amounts wrongfully collected, in whole or in part, to postpone their payment term or to spread them into instalments, if they are particularly justified. circumstances.

4. The Minister responsible for social security shall determine, by way of regulation, the mode of transfer by the establishment, the Agricultural Social Insurance Fund, other pension and other pension bodies and other bodies issuing decisions in the case family benefits in the case of non-family allowances, nursing care and family allowances. The provisions of the Regulation should ensure a smooth and smooth implementation of the new family benefits system.

Article 56. [ Reference from decision] 1. Until the date of the transfer to the authority of the competent authority for the implementation of family benefits from the decision of the branch of the Plant, the President of the Agricultural Social Insurance Fund and another competent pension authority shall be entitled to appeal in the the time limit and on the rules laid down for the social security benefits referred to in the Act of 17 November 1964. -Code of Civil Procedure (Dz. U. Nr 43, pos. 296, of late. zm.).

2. Until the date of the transfer of family benefits to the authority, the appeal against the decision of the organisational units subordinate to the Minister of National Defence, the Minister responsible for the internal affairs, the Head of the Intelligence Agency, The Head of the Internal Security Agency, the Minister of Justice, is in accordance with the Act of 14 June 1960. -Administrative Code of Conduct.

Article 56a. [ Appendix to the family allowance for the birth of the child during the transitional period] 1. An allowance for family allowance for the birth of a child shall be entitled to a child born from 1 April 2004. by 30 April 2004, if the family fulfils the conditions set out in the Act.

2. An allowance for family allowance for the birth of a child shall not be entitled if, before 1 May 2004, the child is entitled to a child's birth the child has been granted a one-off maternity allowance under the provisions on social assistance or a one-off childbirth allowance entitled under the provisions on social insurance for farmers.

3. The person applying for the allowance referred to in the paragraph. 1, to the application for the family allowance shall be accompanied by the certificate of the head of the social assistance centre competent for the place of residence, stating that a one-off maternity allowance has not been granted or a certificate of the competent branch of the Kasa Agricultural Social Insurance stating that a one-off child's birth benefit has not been granted.

(4) The allowance shall be paid by 31 August 2005.

Article 57. [ Preservation of the right to nursing allowance] The person entitled to the date of entry into force of the Act on the benefit of the care allowance shall be entitled to him if the disability arose at the age of entitlement of that person to the child's child benefit.

Article 58. [ Care of the child legitimizing on disability] 1. [ 14] Person receiving a permanent benefit under the provisions on social assistance until the date of entry into force of the Act in connection with the care of a child legitimized by the decision on disability or the degree of disability including indications, of which Article 6b par. 3 paragraphs 7 and 8 of the Act of 27 August 1997. about professional and social rehabilitation and employment of people with disabilities (Dz. U. of 2011 r. Nr 127, pos. 721, of late. zm.), acquires the right to the care benefit referred to in art. 17, until 31 August 2005, if it fulfils the conditions laid down in the existing provisions.

2. The person caring for the child referred to in the paragraph. 1, if before 1 September 2005. She has completed 50 years, she acquires the right to the care benefit referred to in art. 17 if it fulfils the conditions laid down in the existing provisions.

3. A person who is capable of working, but who is not in employment because of the need to take care of a child who requires constant care, who has a disability judgement, together with the indications referred to in art. 6b par. 3 paragraphs 7 and 8 of the Act of 27 August 1997. Professional and social rehabilitation and employment of disabled persons, for which the social assistance centre paid a social security contribution before 1 January 1999, shall acquire the right to a retirement pension irrespective of age, if on 1 January 1999, the January 1999 has completed at least 45 years and has a period of insurance (contributory and non-contributory) of at least 20 years in the case of women and 25 years in the case of men. The amount of the pension for that person shall be determined by the rules laid down in the provisions on pensions and pensions from the Social Insurance Fund, for insured persons born before 1 January 1949.

Article 59. [ The person receiving the parental allowance before the entry into force of the Act] 1. A single person raising a child and a person raising three or more children who, by the date of entry into force of the Act, receives an increase in the parental allowance shall acquire the right to the allowance referred to in Article 4 (1). 10, per child, for which she used parental leave until the date of entry into force of the Act, in the amount of PLN 505,80 if he meets the conditions laid down in the existing provisions.

1a. A single person raising a child who has received up to the date of the entry into force of the Act of childcare allowance, entitled to the 36-month period of collection of this allowance, shall acquire the right to the allowance referred to in Art. 10, per child, for which she has received parental leave until the date of entry into force of the Act, for a period of 36 months, if he meets the conditions laid down in the existing provisions. The provisions of the paragraph 3 shall apply mutatis mutandis.

2. Person receiving until 30 April 2004. Whereas an educational allowance, if it remained in employment immediately prior to the exercise of the right to parental leave for less than 6 months, is entitled to an allowance for childcare during the period of parental leave, if it fulfils the conditions set out in the Act.

3. To the periods referred to in art. 10 para. 1, including the periods for which the parental allowance has been paid for the raising of the same child, until the date of entry into force of the Act.

4. The person receiving, before the date of entry into force of the Act, the parental allowance granted on the basis of a medical certificate on the state of the health of the child, shall acquire the right to the allowance for family allowance referred to in art. 10, until 31 December 2004, if it fulfils the conditions set out in the Act.

Article 59a. [ The person receiving the guaranteed interim benefit before the entry into force of the Act] The person receiving, by the date of entry into force of the Act, the guaranteed periodic benefit under the provisions on social assistance shall acquire the right to the allowance for family allowance referred to in art. 11 [ 15] . To the three-year period referred to in art. 11 (1) 1 This includes the periods for which the guaranteed periodic allowance has been paid.

Article 59b. [ The person receiving the allowance for the family allowance for the single raising of the child and the loss of the right to unemployment benefit] Person receiving an allowance for the family allowance for the single raising of the child and the loss of entitlement to unemployment benefit until 31 August 2005. it shall retain the right, until the end of the 3-year period of its collection, if it meets the conditions so far.

Article 60. [ Person receiving benefits under the Maintenance Fund Act] 1. A person receiving benefits on the basis of the Act of 18 July 1974. o Maintenance Fund (Dz. U. of 1991. Nr 45, poz. 200, with late. zm.) [ 16] A person who has completed 50 years until the date of entry into force of the Act shall, on his application, acquire entitlement to an allowance for the single raising of a child until the right to a pension or to a permanent allowance as laid down in the provisions of the aid is granted. social, if the income of the family does not exceed the amount referred to in art. 5 par. 1, and the execution set by the judgment of the family court of alimony is ineffective.

2. The person who is in a married relationship to receive the benefit from the maintenance fund shall, by the date of entry into force of the Act, acquire the right to the allowance referred to in the art. 12 [ 17] , until 31 August 2005, if it fulfils the conditions laid down in the Act.

Article 61. [ Establishing entitlement to family benefits on the basis of family income] In the case of determining entitlement to family benefits on the basis of the income of the family obtained in calendar year 2002, the income of the family shall include the social pension granted on the basis of the provisions on social assistance.

Article 62. [ Proceedings on unpaid family benefits] 1. Until the competent authority takes over the competent tasks in respect of the implementation of family benefits, the proceedings on unpaid family allowances, nursing and parental allowances completed by a final decision or in progress shall be carried out by the authority, which has adopted this decision, or has initiated proceedings on unpaid family allowances, nursing and parental allowances, on the basis of the existing provisions.

2. The amounts of the unpaid family benefits, family allowances, nursing and parental allowances, established by the final decision shall be deducted:

1) from family benefits by entities carrying out family benefits;

2. from a pension, pension, family salary or survivor's pension by the entities implementing those benefits, on the basis of separate provisions, if the right to family benefits ceased or did not exist, provided that the family benefits, benefits family, nursing and parental care were paid together with a pension, an annuity, a family allowance, or a family pension;

3) in the procedure of enforcement proceedings in the administration.

3. The competent authority in the acquired cases concerning wrongly collected family allowances, nursing and parental allowances, as well as in the case of family benefits fixed by a final decision or in progress shall become a party to the extent of the enforcement proceedings and the court, and shall take over the security of any claims.

4. The competent authority shall conduct proceedings in respect of unduly collected family allowances, nursing care and educational care on the basis of the Act.

Article 63. [ Liquidation of the maintenance fund] 1. On the day of the entry into force of the Act, the maintenance fund, hereinafter referred to as the "Fund", shall be put into liquidation.

2. From the date of entry into force of the Act, the assets and liabilities of the fund become assets and liabilities of the State Treasury.

3. The originator of the fund shall be the President of the Plant in matters of benefit from the fund, to which the law arose before the entry into force of the Act.

4. The Liquidator may authorize other employees of the Department to perform certain activities related to the liquidation of the fund.

Article 64. [ Notice of liquidation of the maintenance bank] 1. At the beginning of liquidation, the liquidator shall inform the bank of the fund of the start of the liquidation of the fund.

2. The liquidator conducts the current affairs, pulsates receivables and executes the obligations of the liquidated fund and represents the Treasury in these matters.

3. The liquidation of the liquidator fund shall be carried out on the basis of the liquidation financial plan, comprising the source of the revenue and the expected expenses in the liquidation period, including the payment of the fund's obligations, in the framework of measures existing after the start of the the liquidation.

4. The plan for the liquidation of the fund referred to in paragraph 4. 3, the liquidator presents the opinion of the Minister responsible for public finance.

5. The liquidator shall draw up the budget statements for which, prior to the date of liquidation of the fund, was obliged to the President of the Company.

Article 65. [ Cases to be provided by the maintenance fund] Cases of benefit from the fund, to which the law arose until the date of entry into force of the Act, are subject to consideration in the rules and in the manner prescribed by the existing regulations.

Article 66. [ Unjusticiable attestations from the maintenance fund] 1. The person who has unfounded the benefit of the fund shall be obliged to return them.

2. Cases with unjust collected benefits from the maintenance fund shall be subject to consideration and investigation in accordance with the rules and procedures laid down in the existing regulations.

3. The execution of unfounded benefits from the fund shall continue to be carried out until such time as they are satisfied. The enforcement authority shall provide the liquidator with the amount collected from the person who has unfounded the benefit of the fund. An application for remission or suspension of execution shall require the consent of the liquidator.

Article 67. [ Enforcement of receivables from the maintenance fund paid out] The execution of receivables from the fund shall continue to be executed until such time as they are satisfied. The enforcement authority shall provide the liquidator with the amount collected from the person liable for alimentation, remaining after the maintenance of the alimony and receivables for the maintenance advance paid. An application for remission or suspension of execution shall require the consent of the liquidator.

Article 68. [ Redemption, distribution into instalments, deferral of payment of the liquidated maintenance fund receivables] 1. In particularly justified cases relating to the health or family situation of the person against whom the execution of the alimony is conducted, or the person liable for the reimbursement of unfounded benefits from the fund, the liquidator may redeemate, to defer to instalments or to postpone the payment of the liquidated fund's receivables due to the payment or unjustifiable payment of the benefit from the fund.

2. The likwidator, with the consent of the minister responsible for public finance, may waive the receivables of the liquidated fund for the paid or unfounded benefits of the fund.

3. From the decision of the liquidator, in the cases referred to in the mouth. 1, shall be entitled to appeal to the District Court-the Court of Labour and Social Insurance, within the time limit and according to the rules laid down in the provisions of the Code of Civil Procedure on social security matters.

4. The appeal referred to in paragraph 1. 3, shall be requested in writing to the organisational unit of the plant indicated in the decision. If the appeal has not been taken into consideration, it shall be transmitted immediately, not later than 30 days from the date of the transfer, to the court, together with the reasons for it.

Article 69. [ Measures resulting from the liquidation, final report] 1. The funds obtained as a result of the liquidation of the Fund shall be transferred to the revenue of the state budget after the end of each financial year by 31 March.

2. Upon completion of the liquidation, the liquidator shall draw up a final report on the termination of the liquidation, subject to the approval of the Minister responsible for public finance.

Article 70. [ Criminal proceedings initiated from office before the entry into force of the Act] Criminal proceedings for offences referred to in Article 209 § 1 of the Penal Code initiated from office before the date of entry into force of this law shall be continued in the same mode.

Art. 70a. [ Appendix for the raising of a child in a multi-member family and an allowance for single raising of a child] 1. The self in receipt of the allowance referred to in art. 12 , which until 30 April 2004 has collected benefits from a maintenance fund, shall be established for the period from 1 May 2004. by 31 December 2004 the right to this supplement of 70% of April 2004. benefits from a maintenance fund. The supplement may not be less than 170 zł per child or 250 PLN per child referred to in art. 12 (1) 4 .

2. The person who, until the date of entry into force of the Act, received the benefit from the maintenance fund and after 1 May 2004. has not received an allowance for single rearing of a child, acquired during the period from 1 May 2004. by 31 December 2004, at the request, entitlement to the family allowance for single child-raising of 70% of the benefit of the maintenance fund of April 2004, if the income of the family is calculated on the basis of the person does not exceed the amount of 612 zł and the family meets the other conditions specified in the Act.

3. The allowance referred to in paragraph 1. 1 and 2, may not be higher than 300 PLN per child.

4. The self referred to in the mouth. 1, the amount of the supplement to the family allowance for the single raising of the child shall be determined by taking into account the payments made after 1 May 2004. the additives referred to in art. 12 The amount of the allowance shall be fixed ex officio after the attestation of the amount of the allowance in April 2004. benefits from a maintenance fund.

5. Amendment of the decision on the amount of the supplement for the single raising of the child in the case of the persons referred to in the paragraph. 1, does not require the consent of the party.

Chapter 10

Repeals and provisions on entry into force

Article 71. [ Repealed provisions] They are hereby repealed:

1) the Act of 18 July 1974. o Maintenance Fund (Dz. U. of 1991. Nr 45, poz. 200, with late. zm.);

2) the Act of 1 December 1994. family allowances, nursing care and educational care (Dz. U. 1998 r. No. 102, pos. 651, with late. zm.).

Article 72. [ Entry into force] The Act shall enter into force on 1 May 2004, with the exception of:

1. 36 and 40, which shall enter into force on 31 December 2003;

2. Article 6 para. 2, which shall enter into force on 1 September 2006.

[ 1] Article 3, point 1 (c) (c) as set out by the Article. 4 of the Act of 23 October 2014. to amend the Personal Income Tax Act and certain other laws (Journal of Laws of the Law on Income Tax) 1644). The amendment came into force on 1 January 2015. and shall apply to income obtained (loss incurred) from 1 January 2014

[ 2] The current amounts of benefits constituting the basis for applying for the family allowance and the amount of family benefits were published in the Regulation of the Council of Ministers of 10 August 2012. on the amount of the income of the family or the income of the learner as a basis for applying for the family allowance and the amount of family benefits (Journal of Laws item). 959). From 1 November 2014 the amount is 574,00 zł.

[ 3] The current amounts of benefits constituting the basis for applying for the family allowance and the amount of family benefits were published in the Regulation of the Council of Ministers of 10 August 2012. on the amount of the income of the family or the income of the learner as a basis for applying for the family allowance and the amount of family benefits (Journal of Laws item). 959). From 1 November 2014 amount is 664,00 zł.

[ 4] The current amounts of benefits constituting the basis for applying for the family allowance and the amount of family benefits were published in the Regulation of the Council of Ministers of 10 August 2012. on the amount of the income of the family or the income of the learner as a basis for applying for the family allowance and the amount of family benefits (Journal of Laws item). 959), have been in force since 1 November 2012.

[ 5] The current amounts of benefits constituting the basis for applying for the family allowance and the amount of family benefits were published in the Regulation of the Council of Ministers of 10 August 2012. on the amount of the income of the family or the income of the learner as a basis for applying for the family allowance and the amount of family benefits (Journal of Laws item). 959), have been in force since 1 November 2012.

[ 6] The current amounts of benefits constituting the basis for applying for the family allowance and the amount of family benefits were published in the Regulation of the Council of Ministers of 10 August 2012. on the amount of the income of the family or the income of the learner as a basis for applying for the family allowance and the amount of family benefits (Journal of Laws item). 959), have been in force since 1 November 2012.

[ 7] The current amounts of benefits constituting the basis for applying for the family allowance and the amount of family benefits were published in the Regulation of the Council of Ministers of 10 August 2012. on the amount of the income of the family or the income of the learner as a basis for applying for the family allowance and the amount of family benefits (Journal of Laws item). 959), have been in force since 1 November 2012.

[ 8] The current amounts of benefits constituting the basis for applying for the family allowance and the amount of family benefits were published in the Regulation of the Council of Ministers of 10 August 2012. on the amount of the income of the family or the income of the learner as a basis for applying for the family allowance and the amount of family benefits (Journal of Laws item). 959), have been in force since 1 November 2012.

[ 9] Art. 16a (a) 1 point 1 in the wording set by Article 1 17 point 2 (a) a) of the Act of 4 April 2014. to determine and disburse allowances for caregivers (Journal of Laws of the 567). The amendment came into force on 1 January 2015.

[ 10] On the basis of the judgment of the Constitutional Court of 21 October 2014. (Journal of Laws pos. 1443) art. 16a par. 2 is in accordance with art. 2, art. 32 par. 1 and Art. 69 Constitution of Poland.

[ 11] On the basis of the judgment of the Constitutional Court of 21 October 2014. (Journal of Laws pos. 1443) art. 17 para. 1b, in so far as it differentiates the right to provide nursing care for persons with disabilities after the age of disability established in that provision, on the basis of the moment of the disability, is not compatible with the Article. 32 par. 1 Constitution of Poland. Article 17 (1) 1b in the above mentioned The extent of which expired on 23 October 2014.

[ 12] On the basis of art. 2 of the Act of 24 April 2014. amending the Act on Family Benefits (Journal of Laws of the Law on Family Benefits). 559) the care provision referred to in art. 17, shall be eligible during the period:

1) as of 1 May 2014 until 31 December 2014 -in the amount of PLN 800.00 per month;

2) from 1 January 2015 until 31 December 2015 -in the amount of 1200,00 PLN per month.

[ 13] On the basis of the judgment of the Constitutional Court of 23 October 2007. (Journal of Laws No 200, pos. 1446) art. 24 ust. 2 in so far as it provides that in the case of an application for the grant of a care allowance to a disabled person aged over 16, a legitimised decision with a significant degree of disability obtained as a result of recognition by the voivodship the panel for the decision on the disability of its appeal against the decision of the district court for the adjudication of a disability, the right to family benefits shall be determined from the month in which the application is received is incompatible with Article 4 (1) of the Rules of Law of the European Union. 2 in connection with art. 69 Constitution of Poland. Article 24 (1) 2 in the above the extent to which it expired on 30 October 2007.

[ 14] On the basis of the judgment of the Constitutional Tribunal of 22 July 2008. (Journal of Laws No. 138, pos. 875) art. 58 par. 1, to the extent that it does not confer the right to the provision of nursing care after 31 August 2005. the person who has been established as a foster family related to and who receives a permanent allowance by the date of entry into force of this Law is not in accordance with the provisions of Article 4 (1). 2 and Art. 18 Constitution of Poland. Article 58 (1) 1 in the above The extent to which it expired on 31 July 2008.

[ 15] Article 11 was repealed on 1 September 2005. by art. 27 point 7 of the Act of 22 April 2005. about the proceedings against maintenance debtors and the maintenance advance (Journal of Laws No. 86, item. 732).

[ 16] It lost its power on 1 May 2004. based on art. 71 point 1 of this Act.

[ 17] Article 12 has expired on 31 December 2005. on the basis of the judgment of the Constitutional Court of 18 May 2005 (Journal of Laws No. 95, item. 806).