REGULATION OF THE MINISTER OF ECONOMY, LABOUR AND SOCIAL POLICY ¹⁾

of 26 September 2003

on the granting of a social pension

• Metric
• Codified text

On the basis of art. 11 (1) 3 of the Act of 27 June 2003. about social renewal (Dz. U. Nr. 135, pos. 1268) the following shall be managed:

§ 1. The Regulation shall specify:

1. the model of the application for the grant of a social pension;

2) a list of documents to be attached to the application;

(3) a detailed procedure for the procedure for the granting of a social pension;

4) mode of notification to the Social Insurance Institution, hereinafter referred to as "the plant", and of pension bodies of temporary arrest and punishment of imprisonment;

5) a list of documents confirming the right to 50% of the amount of the social pension.

§ 2. The model of the application for a social pension, together with the instructions for its fulfilment, is annexed to the Regulation.

§ 3. The application for a social pension shall be accompanied by:

1) the health attestation issued by the treating physician, medical records and other documents relevant to the issue of the judgment of the total incapacity for work;

2) attestation of the period of attendance to a school or a higher school;

3) attestation of the unit conducting the doctoral studies of the period of the course of these studies;

4) attestation of the duration of scientific aspirants;

5. the certificate issued by the payer of social security contributions determining the amount of the income to be earned and the period for which the contract was concluded for which the income is attained;

6) attestation of the payment of wages for the duration of incapacity for work, sickness benefit or rehabilitation benefit and of the date of cessation of their collection, if the person applying for a social pension is paid the salary, the allowance sickness or rehabilitation benefit, issued by the paying agent, sickness benefit or rehabilitation benefit;

7) a certificate of the competent authority of the local government unit indicating the area of agricultural land use within the meaning of the Act of 23 April 1964. -Civil Code (Dz. U. No 16, pos. 93, with late. 1. ²⁾ ) -in the hectares of conversion;

8) authenticated by the organizational unit of the Bookmark or the head of the social assistance centre, if the manager submits an application for a social pension, a copy of the document confirming the circumstances listed in art. 2 points 2 or 3 of the Act of 27 June 2003. of a social repute, hereinafter referred to as 'the Act'.

§ 4. 1. The application for the granting of a social pension together with the documents referred to in § 3 shall be submitted to the competent due to the place of residence or stay of the person applying for the social pension of the establishment unit of the Plant.

2. The consent referred to in art. 11 (1) 2 of the Act, it should be expressed in writing or orally to the protocol.

3. After having established that the applicant has proven the circumstances necessary for the establishment of the right to a social pension. The plant directs the person to the examination by a medical examiner for the purpose of issuing a declaration of incapacity for work.

4. Paragraph Recipe The right to a social pension in the event of the expiry of the period of validity of the decision and the application for the application for a social pension shall apply where the right of the social pension is set.

5. In the decision granting the social pension the establishment shall determine the period for which the social pension is entitled, and the amount thereof.

6. In the event of the confluence of the entitlement of a person applying for a social pension with the right to a survivor's pension paid by the pension authority. The undertaking shall send the decision referred to in paragraph 1. 5, to that body for the purpose of issuing a decision on the confluence of entitlement to benefits and payment of a social pension in art mode. 12 of the Act. In this case, the decision of the Department shall state the content of the art. 12 (1) 3 of the Act.

(7) The procedure for a social pension shall be remitted as irrelevant if an applicant for a social pension has died before a decision on the pension is given.

8. In the absence of any entitlement to a social pension, the establishment shall issue a negative decision.

§ 5. 1. The person having established the right to a social pension and the director of the custody of the investigator or the penal undertaking shall notify in writing the competent organizational unit of the Bookmark or the pension authority of the temporary arrest or execution of the sentence of deprivation the freedom, giving the date of detention in custody or the date on which the imprisonment is commenced.

2. In the event of applying for the payment of 50% of the social pension of the person referred to in paragraph. 1, the notification shall accompany part V of the application in accordance with the model set out in the Annex to the Regulation and it shall undertake that, in the amount of 50% of the social pension, the rent or other charges for the dwelling or the house shall be charged. single family.

3. The application referred to in paragraph. 2, be accompanied by:

1) a certificate of the administrator of a dwelling house confirming the right to a dwelling or an extract from the perpetual book confirming the ownership of the property;

2) a certificate of the records department of the population of the competent authority of the municipality confirming that other persons are not checked in the dwelling or a single-family house.

4. When applying for the attestations referred to in paragraph. 3, the assistance shall be given to the administration of the detention centre or of the criminal case.

§ 6. This Regulation shall enter into force on 1 October 2003.

Minister of Economy, Labour and Social Policy: w z. J. Banach

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).

²⁾ The amendments to the said Act were announced in Dz. U. of 1971. Nr 27, pos. 252, of 1976. No 19, pos. 122, of 1982 No 11, pos. 81, Nr 19, poz. 147 and No. 30, pos. 210, of 1984 Nr 45, poz. 242 and 1985 Nr 22, pos. 99, of 1989. No 3, pos. 11, of 1990 Nr 34, pos. 198, Nr 55, poz. 321 and No. 79, pos. 464, of 1991 No. 107, item. 464 i Nr 115, poz. 496, of 1993 No 17, pos. 78, of 1994. Nr 27, pos. 96, Nr 85, poz. 388 and No. 105, pos. 509, of 1995. N r 83, pos. 417, 1996 No. 114, item. 542, Nr 139, pos. 646 i Nr 149, poz. 703, of 1997 Nr 43, pos. 272, Nr 115, pos. 741, Nr 117, pos. 751 and No. 157, pos. 1040, of 1998 No. 106, pos. 668 i Nr 117, poz. 758, 1999 Nr 52, pos. 532, of 2000 Nr 22, pos. 271, No 74, pos. 855 and 857, Nr. 88, pos. 983 i No 114, pos. 1191, 2001 No 11, pos. 91, No. 71, pos. 733, Nr 130, poz. 1450 and No. 145, pos. 1638, of 2002 Nr 113, pos. 984 and No. 141, pos. 1176 and 2003 Nr 49, poz. 408, Nr 60, poz. 535, Nr 64, pos. 592 and Nr 124, pos. 1151.

Annex 1.

Annex to the Regulation of the Minister of Economy, Labour and Social Policy
of 26 September 2003 (pos. 1656)