Key Benefits:
REGULATION OF THE MINISTER OF ECONOMY, LABOUR l SOCIAL POLICY 1)
of 20 April 2004
on the mode of transmission of the documents relating to the unpaid family allowances, nursing and parental allowances and family benefits
On the basis of art. 55 par. 4 of the Act of 28 November 2003. on family benefits (Dz. U. Nr 228, poz. 2255 and 2004 Nr 35, pos. 305 and No. 64, pos. 593) the following shall be managed:
§ 1. The Regulation sets out the procedure for the transmission of documents relating to unpaid family allowances, nursing care and family allowances and family benefits, by:
1. The Social Insurance Institution, hereinafter referred to as "the plant";
(2) The Agricultural Social Insurance Bank, hereinafter referred to as "the Cashier";
(3) other pension and pension authorities and other bodies issuing decisions on family benefits, hereinafter referred to as "another undertaking".
§ 2. The undertaking, Kasa and another body which carries out family, nursing and educational allowances, which before the date of entry into force of the Act of 28 November 2003. on family benefits, hereinafter referred to as 'the Act', initiated proceedings or issued a decision in cases of unduly collected family allowances, nursing and parental allowances, in respect of:
(1) persons who are unemployed and who marry a preretirement pension or a pre-retirement pension,
(2) persons who, by the date of the entry into force of the Act, have granted and paid social assistance centres to the provisions of the Law on Family and Nursing Care,
3) persons collecting prior to the date of entry into force of the Act of parental care,
4) persons collecting prior to the date of entry into force of the Act, permanent or guaranteed periodic allowance,
5) persons employed or performing work on the basis of contract contract or agency contract with the employer employing on 31 March 2004. not more than 4 employees,
6) 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,
7. the persons who exercise the mandate of the Member and the senator,
(8) persons who, after the date of entry into force of the Act, have been entitled to a pension, a pension, a survivor's pension, a social pension, a salary in a state of resting or a family salary.
9) the persons referred to in art. 50 par. 4 of the Act,
forward records relating to those matters to the mayor, to the mayor or to the president of the city competent for the place of residence of the person concerned until 30 June 2004.
§ 3. 1. The plant, Kasa and other units which before 1 September 2005 they have initiated proceedings or have issued decisions in cases of unduly collected family allowances, nursing and parental allowances, provide documentation on these matters to the mayor, mayor or president of the city to the competent authority due to the place of the the person's residence until 30 September 2005.
2. Where the Department has initiated proceedings or has issued decisions in cases of unduly collected family allowances, nursing and educational care for the persons employed with an employer employing at least 20 employees, the Department shall transmit the documentation relating to those matters to the mayor, to the mayor or to the president of the city competent for the place of residence of the person until 30 September 2006.
§ 4. 1. The plant, Kasa and other units which before 1 September 2005 they have opened proceedings or have issued decisions in cases of unduly paid family benefits, provide documentation on those matters to the mayor, or to the mayor or to the president of the city competent for the place of residence of the person until 30 September 2005
2. Where the Department has initiated proceedings or has issued decisions in cases of unduly collected family benefits against persons employed with an employer employing at least 20 employees, the Department shall provide documentation relating to these cases Mr President, Mayor, or President of the City, due to the place of residence of the person until 30 September 2006.
3. Where there has been a change in the family benefits operator, Zakład, Kasa and any other entity that initiated the proceedings or issued decisions in cases of unduly collected family benefits, the documentation relating to those cases forward to the mayor, the mayor or the president of the city competent for the place of residence of the person, to 10. on the day of the month following the month in which the family benefits are discontinued.
§ 5. 1. The transmission of documentation in cases of unduly collected family allowances, nursing and parental allowances and family benefits shall take place on the basis of the protocol from the donor-receiver.
2. The former and consignee protocol shall include in particular:
1) an indication of the unit of transmission of documentation;
2) an indication of the mayor, the mayor or the president of the city competent because of the person's residence;
(3) the number in the case records and the number of the decision on the unpaid family allowances, nursing and parental allowances or family benefits;
4) a list of persons who have unduly paid family allowances, nursing and parental care and family benefits, including: first and last name, place of residence, PESEL number or series and number of the identity card or passport;
5) the signatures and the stamp of the forwarding documentation and the receiving documentation.
§ 6. 1. In the case of the transmission of the documentation relating to wrongly collected family allowances, nursing and educational benefits or family benefits, the Department, Kasa and other entities shall indicate the person whose documentation relates, the uncle, the mayor or president of the city to which the dossier was transferred.
2. Where the person to whom the proceedings have been initiated or a decision has been given in cases of unpaid family benefits has changed his place of residence, the mayor or the mayor of the city shall transmit the documentation on the matters unpaid family allowances, to the mayor or to the mayor or to the president of the city competent for the place of residence of that person.
§ 7. Where the establishment, Kasa and any other unit carrying out family, nursing and educational benefits or family benefits is found after expiry of the time limits for the transmission of the dossiers referred to in the Regulation, the occurrence of the irregularity in the family allowances previously granted, nursing and parental benefits or family benefits, provide documentation on those matters immediately after the initiation of the proceedings in respect of an unduly paid benefit.
§ 8. This Regulation shall enter into force on 1 May 2004.
Minister of Economy, Labour and Social Policy: J. Hausner
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1) The Minister of Economy, Labour and Social Policy heads the government administration-social security, pursuant to § 1 par. 2 point 5 of the Regulation of the Prime Minister of 7 January 2003 on the detailed scope of the action of the Minister of Economy, Labour and Social Policy (Dz. U. Nr 1, pos. 5).
