ACT

of 17 October 2008

to amend the Act on Family Benefits

• Metric
• Codified text

Article 1. In the Law of 28 November 2003 on family benefits (Dz. U. 2006 r. Nr 139, pos. 992, with late. 1. ¹⁾ ) the following amendments shall be made:

1) in art. 3:

(a) point 10 shall be replaced by

'(10) sow 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;',

(b) in point 23 (b) b is replaced by the following

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

(c) in point 24 (c) b is replaced by the following

"(b) obtaining the right to an unemployment benefit or a scholarship for the unemployed,";

2. in Art. 5:

(a) the paragraph is deleted. 5,

(b) paragraphs 7-9 are replaced by the following:

" 7. Where a family member stays in an institution providing round-the-clock maintenance, establishing the income of the family per person, the person staying in the institution shall not be taken into account.

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. 2006 r. No. 136, pos. 969, of late. 1. ²⁾ ).

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

3) in art. 7 in point 5, the period shall be replaced by a semicolon and the following point 6 shall be added:

"(6) a member of the family shall be entitled to a child benefit abroad, unless otherwise provided for in the provisions on the coordination of social security schemes or bilateral social security agreements.";

4) in art. 10 in the mouth. Point 4 of paragraph 5 shall be replaced by

' (4) A child has been placed in a facility providing 24-hour care, including in a special education and educational centre, and uses 24-hour care for more than 5 days a week, in a nursery or kindergarten, except for:

(a) a child who is a person of a disability who is in a nursery or in a kindergarten for therapeutic reasons,

(b) a child present in a health care facility,

and in other cases of cessation of the exercise of personal care; ';

5. in Art. 14 para. 3.

" 3. The application for payment of the allowance shall be submitted by the date of the end of the service period in which the school year or the annual pre-school preparation has been commenced. ';

6) in art. 15b:

(a) paragraphs 3.

" 3. The application for a one-off payment shall be made within 12 months of the date of birth of the child, and, where the application concerns a child covered by legal care, factual care or an adopted child, within 12 months of the date of entry into force of the child's pension. child care or adoption not later than completion by child 18. year of life. The application submitted after the deadline shall leave the competent authority without recognition. ',

(b) the following paragraph is added 4 as follows:

" 4. If a member of the family is entitled to a child's birth benefit abroad, unless the provisions on the coordination of social security schemes or bilateral social security agreements are provided for in the case of a member of the family, a single forget shall not be entitled to a child's birth otherwise. ';

7) in art. 16:

(a) paragraphs 1 is replaced by the following

" 1. The nursing allowance shall be granted for the purpose of partly covering expenses arising from the need to ensure the care and assistance of another person in relation to the incapacity for self-existence. ',

(b) paragraphs 5.

" 5. The nursing allowance shall not be entitled to a person placed in an institution providing 24-hour maintenance. ',

(c) after paragraph. 5 the following paragraph shall be added. The following shall be added:

' 5a. The person referred to in paragraph 2, the nursing allowance shall not be entitled, if a member of the family is entitled abroad to cover expenses related to the care of that person, unless the provisions on the coordination of social security schemes or bilateral agreements the social security provides otherwise. ';

8) in art. 17:

(a) paragraphs 1 is replaced by the following

" 1. The nursing benefit for the resignation of employment or other gainful employment shall be granted to persons on whom, in accordance with the provisions of the Act of 25 February 1964. -Family and care code (Dz. U. Nr 9, pos. 59, of late. 1. ³⁾ ) a maintenance obligation, as well as the child's actual child, if he/she does not take up or resign from employment or other gainful employment for the purpose of taking care of the child with a decision on disability, 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 care day in the process of his treatment, rehabilitation and education, or a person legitimized by a significant degree disability. ',

(b) after paragraph. 2 The following paragraph shall be added. 2a-2d as follows:

' 2a. Where a mother or father or guardian of the child is applied for a nursing benefit, the income of the family of the person in charge shall be taken into account when establishing the right to benefit.

2b. In the case of a relative relative in a straight line other than mother or father or siblings, the right to benefit shall be included in the total income of the family of the person in charge of care and the income of the person's family. requiring care.

2c. In the case where the right to the benefit of the nursing care is sought by a foster family related to the child, on which, in accordance with the provisions of the Act of 25 February 1964, the -The family code and caring for a maintenance obligation shall take into account the income of the foster care family and the income of that child.

2d. In determining the income referred to in paragraph 2. 2-2c, the family composition shall also include a child whose disability is entitled to the collection of the nursing care, even if he has a child of his own. ',

(c) in paragraph. 5:

-in point 2 (a) b is replaced by the following

' (b) has been placed in a foster family, with the exception of the foster family related to the child referred to in paragraph 1 (a). 2c, or, in connection with the need for education, revalidation or rehabilitation in a facility providing round-the-clock care, including in a special school-educational centre and uses 24-hour care for more than 5 days a week, with except for health care establishments; ',

-in point 4, the period shall be replaced by a semicolon and shall add point 5 to the following:

" 5) per person requiring care a member of the family 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 provide otherwise. ';

9) in art. 18 (1) 1 is replaced by the following

" 1. The amounts referred to in Article 5 par. 1 and 2, and the amount of family benefits shall be subject to verification every 3 years, taking into account the results of the income support threshold of families. ';

10) in art. 19 (1) 3-5 are replaced by the following:

" 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 the amount of family benefits, the Council of Ministers shall determine the amounts referred to in art. 5 par. On the basis of the proposal referred to in paragraph 1 and 2, and the amount of family benefits, by way of a regulation, by 15 August of the year in question, at a level which is not lower than the proposals referred to in paragraph 1. 1 (1) and (2).

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

11) in art. 20 para. 3.

" 3. The competent authority may authorise, in writing, its deputy, an employee of the office or manager of a social assistance centre or other organisational unit of the municipality, and any other person at the request of the manager of the social assistance centre or of another 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 those matters. ';

12) in art. 23a:

a) after the mouth. 2 The following paragraph shall be added. 2a as follows:

' 2a. The 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. ",

(b) paragraphs 5 and 6 are replaced by the following:

" 5. Where the marshal of the voivodship, 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. ',

(c) paragraphs 9 and 10 are replaced by the following:

" 9. The Marshal of the voivodship shall determine and recover unduly collected family benefits in cases in which 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 the part, in particular if the remaining amount is due to the difference in exchange rate. ';

13) in art. 24:

a) after the mouth. 2 The following paragraph shall be added. 2a as follows:

' 2a. If a person within three months of the date of the decision on disability or the degree of disability has applied for entitlement to the nursing allowance, the right to the nursing allowance shall be determined from the month in which the person concerned is entitled to the benefit of the child's allowance. an application for the establishment of a disability or a degree of disability has been received. ',

(b) paragraphs 3a is replaced by the following

' 3a. In the event of a loss of validity of a decision on disability or the degree of disability and the reestablishment of a disability or a degree of disability as a continuation of the previous ruling, the right to family benefits dependent on disability shall be determined from the first day of the month following the month of expiry of the previous judgment, if the person fulfils the conditions giving entitlement to the acquisition of those benefits and has submitted an application for establishing:

1) disability or degree of disability within one month from the date of expiry of the previous ruling and

2) the right to family benefits dependent on disability within three months from the date of the ruling. ",

(c) paragraphs shall be deleted. 3b;

14) after art. 24 shall be inserted in Article 24. 24a as follows:

" Art. 24a. 1. In the event of an improperly completed application, the entity performing 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 they shall be entitled from the month in which the application was lodged. ';

15) in art. 26:

a) after the mouth. 2 The following paragraph shall be added. 2a as follows:

' 2a. Applications for the establishment of entitlement to family benefits for a new benefit period shall be adopted as from 1 September. ',

(b) paragraphs 3 and 4 are replaced by the following:

" 3. Where a person applying for a family benefit for a new benefit period submits an application together with the documents up to 30 September, the entitlement to the family benefits and the payment of the benefits for the month of November shall be effected by the following day: 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 November shall take place by 31 December. ';

16) in art. 30:

(a) in paragraph. 2 in point 3, the period shall be replaced by a semicolon and the following point 4 shall be added:

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

(b) paragraphs shall be deleted. 2a,

(c) paragraphs 8 is replaced by the following

" 8. 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 date of payment of the family benefits until the date of repayment. ',

(d) the following paragraph is added 10 as follows:

" 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. '

Article 2. 1. The allowance period commencing on 1 September 2008 for which the right to family benefits is hereby fixed shall be extended until 31 October 2009.

2. The amendment of the decision follows from the office and does not require permission of the party.

Article 3. The date of the nearest verification referred to in Article 18 (1) 1 of the Act as amended in Art. 1 as amended by this Law shall be set at 1 November 2009.

Article 4. The Act shall enter into force after 14 days from the day of the announcement, with the exception of:

1. 1 point 4, point 5, point 6 (b), point 7, and point 15, which shall enter into force on 1 January 2009;

2. Article 1 point 1 (a), which shall enter into force on 1 November 2009.

President of the Republic of Poland: L. Kaczyński

¹⁾ Amendments to the text of the single law have been announced in the Dz. U. 2006 r. No 222, item. 1630, 2007 No. 64, pos. 427, Nr 105, poz. 720, Nr 109, pos. 747, Nr 192, pos. 1378 and No. 200, pos. 1446 and 2008 Nr 70, poz. 416 and No. 138, pos. 872 and 875.

²⁾ Amendments to the text of the single law have been announced in the Dz. U. 2006 r. No. 191, item. 1412, Nr 245, poz. 1775 and No. 249, pos. 1825, 2007 No. 109, pos. 747 and 2008 Nr 116, pos. 730.

³⁾ The amendments to the said Act were announced in Dz. U. of 1975. Nr 45, poz. 234, of 1986. No. 36, pos. 180, 1990 Nr 34, pos. 198, of 1995 Nr 83, pos. 417, 1998 Nr 117, pos. 757, 1999 Nr 52, pos. 532, of 2000 No 122, pos. 1322, of 2001. No. 128, pos. 1403, 2003 Nr 83, pos. 772 and No. 130, pos. 1188, 2004 Nr 162, pos. 1691, 2007 Nr 121, pos. 831, Nr 134, pos. 947 and No. 192, pos. 1378 and 2008 No. 220, item. 1431.