Key Benefits:
ACT
of 12 March 2004
o Social Assistance
SECTION I
General provisions
Chapter 1
General principles and scope of the Act
Article 1. [ Regulatory scope] The Act shall specify:
1) the task of social assistance;
2. the types of social assistance benefits and the rules and procedures for granting them;
3. the organisation of social assistance;
4) the rules and the procedure for the control of social assistance.
Article 2. [ Organisation of social assistance] 1. Social assistance is a social policy institution of the state, aimed at enabling persons and families to overcome the difficult situations of life that they are unable to overcome, using their own powers, resources and opportunities.
2. Social assistance shall be organised by the authorities of government and local government, working in this area, on a partnership basis, with social and non-governmental organisations, the Catholic Church, other churches, religious associations and persons physical and legal.
Article 3. [ Social assistance tasks] 1. Social assistance shall support individuals and families in their efforts to meet the necessary needs and enable them to live in conditions corresponding to human dignity.
2. The task of social assistance is to prevent the situations referred to in art. 2. 1, by taking action to ensure the independence of individuals and families and to integrate them into the environment.
(3) The type, form and size of the benefit should be appropriate to the circumstances justifying the granting of the aid.
4. The need for persons and families benefiting from the aid should be taken into account if they correspond to the objectives and fall within the possibilities of social assistance.
Article 4. [ Obligation to co-operate in solving a difficult life situation] People and families benefiting from social assistance are obliged to work together in solving their difficult life situation.
Article 5. [ Entities with a right to benefit from social assistance] The right to benefits from social assistance, if the international agreements do not provide otherwise, shall be entitled to:
1) persons holding Polish citizenship residing and staying in the territory of the Republic of Poland;
2) foreigners residing and staying in the territory of the Republic of Poland:
(a) on the basis of a permit to settle, a residence permit for a long-term resident of the European Communities, a residence permit for a period of time marked in connection with the circumstance referred to in Article 4 (1) of the EC 53 (1) 1 point 13 of the Act of 13 June 2003. o foreigners (Dz. U. 2006 r. No 234, pos. 1694, of late. zm.), or in connection with obtaining in the Republic of Poland the status of refugee or subsidiary protection,
(b) on the basis of the tolerated residence permit, in the form of a shelter, a meal, the necessary clothes and a special purpose allowance;
3) resident and residing in the territory of the Republic of Poland to the citizens of the Member States of the European Union, the Member States of the European Free Trade Agreement (EFTA)-parties to the agreement on the European Region The economic or Swiss Confederation and the members of their families within the meaning of the Article 2 point 4 of the Act of 14 July 2006. about entering the territory of the Republic of Poland, the stay and departure from this territory of citizens of the European Union member states and members of their families (Dz. U. No 144, pos. 1043, 2007 Nr 120, pos. 818 and 2008 No. 216, item. 1367), having the right of residence or the right of permanent residence in the territory of the Republic of Poland.
Article 5a. [ Right to benefits of foreigners] The right to benefits in the form of crisis intervention, shelter, meal, necessary clothing and special benefit shall be entitled to the foreigners referred to in Article 4. 53 (1) 1 point 15 and art. 53a ust. 2 point 4 of the Act of 13 June 2003. o foreigners.
Article 6. [ Definitions] The terms used in the Act shall mean:
1) total incapacity for work-total incapacity to work within the meaning of the provisions on pensions and pensions from the Social Insurance Fund, or the advance to I or II of the group of invalids or the legitimacy of a significant or moderate degree disability within the meaning of the provisions on professional and social rehabilitation and the employment of persons with disabilities;
2) the income of the child-the income to which the amount of the pension received, together with the addition to the orphan's supplement, the nursing allowance, the nursing allowance, the alimony received and the amount corresponding to the income obtained from the child's property;
3) income per person in the family-the income of the family divided by the number of people in the family;
4) the income of the family-the sum of the monthly income of persons in the family;
5) social assistance organization unit-regional social policy centre, district assistance centre, social assistance centre, social assistance house, facility for specialised counselling, including family assistance, and support centre and crisis intervention centre;
6) a social contract-a written contract concluded with the applicant for assistance, setting out the rights and obligations of the parties to the contract, within the framework of joint efforts to overcome the difficult situation of a person or family;
7) [ 1] incapacity to work on age-the achievement of the retirement age specified in art. 24 ust. 1a and 1b and in art. 27 ust. 2 and 3 of the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. 2009 r. No. 153, pos. 1227, of late. zm.);
8) a homeless person-a person not residing in a dwelling within the meaning of the provisions on the protection of the rights of residents and the housing share of the municipality and unchecked for a permanent residence, within the meaning of the provisions on the records of the population and the personal evidence, and a person not residing in a dwelling and a permanent residence in a place where he is not allowed to reside;
9) a single person-a non-married person who is not married and who does not have any preliminary or insidious or unmarried;
(10) a person who is a self-employed person, who is a person who is a single household;
11) a person employed-a person in employment within the meaning of employment regulations and anti-unemployment [ 2] or carrying out an economic activity within the meaning of the provisions relating to economic activity;
11a) (repealed);
12. social work-a professional activity aimed at helping persons and families to strengthen or recover the ability to function in society by carrying out the appropriate social roles and creating conditions conducive to that objective;
13) rent-a pension from a Polish or foreign social security system, a structural pension or a social disability pension;
(14) family-persons who are related or not related to the actual relationship, together residing and hosting;
15) average monthly cost of living in the home of social assistance-the amount of annual activity costs of the house resulting from the maintenance of residents, from the previous year, without investment costs, running expenses for repairs and shopping related to realization the recovery programme, plus the forecast average annual price index of consumer goods and services, as adopted by the Finance Act for the calendar year in question, divided by the number of seats fixed as the sum of the actual number of inhabitants in the the individual months of the previous year, at home;
16) benefit unduly collected-the cash benefit obtained on the basis of the presented untrue information or not to inform about the change of the material or personal situation,
17) milk bar-an entrepreneur conducting business activities in the form of self-service, non-alcoholic, publicly available establishments of mass nutrition, selling all-day meals of dairy-naprotein-gale.
Article 7. [ Reasons for the provision of social assistance to persons and families] Social assistance shall be granted to persons and families in particular on account of:
1) poverty;
2. orphan;
3) homelessness;
4) unemployment;
5) Disability;
6) long term or severe disease;
7) violence in the family;
7a) the need to protect victims of human trafficking;
8) the need to protect motherhood or the multitude;
9) helplessness in caring and parental affairs and keeping the household, especially in the families of the minors or the large-minded;
10) (repealed);
11) difficulties in the integration of foreigners, who have obtained in the Republic of Poland the refugee status or subsidiary protection;
12) difficulties in adapting to life after being released from the criminal establishment;
13) alcoholism or drug addiction;
14) random events and emergency situations;
15) natural or ecological disaster.
Article 7a. [ Subsidies for meals sold in dairy barrels] 1. Social assistance shall also be granted to persons and families by means of the grant of the subsidy to the meals sold in the milk barrels.
2. The grants in question for meals sold in the dairy bars may be granted at the request of the entrepreneur, to the extent specified in the budget law for the year in question.
Article 8. [ The right to cash benefits from social assistance] 1. [ 3] The right to cash benefits from social assistance, subject to Art. 40, 41, 53a, 78 and 91, shall be entitled to:
1) a non-hosting person whose income does not exceed the amount of PLN 461, hereinafter referred to as "the income criterion of a person hosting a single economy",
2) the person in the family, in which the income per person does not exceed the amount of 316 zł, hereinafter referred to as "the income criterion per person in the family",
(3) a family whose income does not exceed the sum of the amounts of the income criterion per person in the family, hereinafter referred to as the "income criterion of the family"
-at the same time as at least one of the reasons set out in the Article. 7 points 2 to 15, or other circumstances justifying the granting of social assistance.
2. The municipal council, by way of a resolution, may increase the amounts referred to in paragraph. Article 1 (1) and (2), entitling to periodic and deliberate allowances.
3. The income shall be considered to be the sum of the monthly revenues of the month preceding the filing of the application or in the case of loss of income from the month in which the application was filed, regardless of the title and source of their acquisition, if the Act does not otherwise provide, less:
1) the monthly income tax burden on individuals;
2) contributions to health insurance as defined in the General insurance regulations in the National Health Fund [ 4] and social insurance specified in separate provisions;
3) the amount of alimony provided to other persons.
4. To the income determined in accordance with the paragraph. 3 does not include:
1) a single monetary benefit;
(2) the special-purpose allowance;
3) material assistance having a social or motivational character, granted on the basis of the provisions on the education system;
4) the value of the benefit in kind;
5) the benefit of the unemployed person on the basis of the provisions on promotion of employment and the labour market institutions for the performance of socially useful work.
5. In relation to persons carrying out non-agricultural business activities:
1) taxable income tax on natural persons under the rules of personal income tax-the income is assumed to be the income from that activity less the costs of obtaining the income, the charge to the tax that is due to the personal income tax and health insurance premiums laid down in the public health care benefits in connection with the conduct of that activity, and deducted from income from social security contributions not included in the the cost of obtaining the revenue referred to in separate provisions, with the result that the income is determined by dividing the amount of the business income shown in the tax return submitted for the previous calendar year for the number of months in which the taxable person has carried out his activities and, if he has not operated, the amount declared in that person's declaration shall be the income;
2) taxed under the rules of the flat-rate income tax on certain revenues obtained by natural persons-for income the amount declared in that person's declaration shall be accepted.
6. Where a taxable person combines income from economic activity with other income or is shared with the spouse, the tax due referred to in paragraph 1 shall be settled in accordance with the provisions of paragraph 1. In accordance with Article 5 (1), a tax calculated in the same proportion as the income of the taxable person from non-agricultural economic activities is to be understood as a result of the tax returns to the sum of all the income shown in them.
7. The amount of income from non-agricultural business activity in the case of conducting activity taxed under the rules stipulated in the income tax regulations of individuals shall be determined on the basis of the certificate issued by the warden the competent tax office, which contains information on the amount of:
1. revenue;
2) the cost of obtaining revenue;
3) the difference between the income and the cost of obtaining it;
4) income from other sources than non-agricultural economic activity in the cases referred to in paragraph. 6;
5) deducted from the income of social security contributions;
6) the tax due;
7) deducted from the tax on health insurance premiums for the conduct of non-agricultural business.
8. The amount of income from non-agricultural economic activity in the case of operating on the basis of the rules of the flat-rate income tax on some of the income achieved by natural persons shall be determined on the basis of a certificate issued by the Head of the competent tax office containing information on the form of taxation and on the basis of proof of payment of the contributions to the Social Insurance Institution.
9. It is assumed that from 1 ha the monthly income is obtained in the amount of 194 PLN.
10. Revenue from non-agricultural economic activities and conversions and other sources shall be added.
11. Where, during the 12 months preceding the month of application, or during the period of collection of the benefit of social assistance, a one-off income exceeding five times the amount of:
1) the income criterion of a non-hosting person, in the case of a person who is a self-hosting person,
2) the income criterion of the family, in the case of a person in the family
-the amount of that income shall be accounted for in equal parts for 12 consecutive months, starting from the month in which the revenue was paid.
(12) In the event of a one-off amount of income due for a given period, the amount of that income shall be taken into account in the income of the person or family for the period for which the income was obtained.
13. In the case of obtaining income in foreign currency, the amount of that income shall be determined according to the average rate of the National Bank of Poland from the date of issuance of the administrative decision on the provision of social assistance.
Article 9. [ Verification of income criteria] 1. Income criteria shall be subject to verification every 3 years, taking into account the outcome of the social intervention threshold research. The social intervention threshold shall be examined by the Institute of Labour and Social Affairs.
2. The Minister responsible for social security shall determine, by means of a regulation, the way in which the threshold of social intervention is set, the scope of the needs necessary for existence, the minimum level of expenditure, the period and the source of the data to which it is adopted the level of the prices of goods and services, taking into account the level of expenditure of households with and the kwintila of distribution of income, the expenditure of which must be taken into account in the study of the threshold
3. In the year in which the verification is carried out, the Council of Ministers shall, by 15 May, present the Tripartite Commission for Socio-Economic Affairs:
1) a proposal for the amounts of the income criteria;
2) information on the execution of cash benefits from social assistance for the period from the previous verification, comprising the number of the recipients, the number of benefits and the total amount of the expenditure on the benefits.
4. The Tripartite Commission for Economic and Social Affairs shall agree on the income criteria by 15 June of the calendar year concerned.
5. The amount constituting the basis for establishing the amount of the minimum amount and the maximum cash benefit for the maintenance and covering the expenses related to the teaching of the Polish language to foreigners who obtained in the Republic of Poland the refugee status or supplemental protection, as well as the maximum amount of the permanent allowance shall be changed within the time limits for the verification of the income criteria by 50% of the sum of the amounts which have increased the income criterion of the solitary person and the income criterion per person in the family.
6. The amount of income from 1 ha of conversion shall be changed within the time limits for the verification of income criteria by 25% of the sum of the amounts, which have increased the income criterion of the solitary person and the income criterion per person in the family.
7. The Minister responsible for social security shall announce, by means of the notice, in the Official Journal of the Republic of Poland "Monitor Polski", the revised income criteria and the amounts referred to in paragraph. 5 and 6, by 15 July of the year in which the verification is carried out.
8. Where the Tripartite Commission for Economic and Social Affairs does not agree within the prescribed period of income criteria, the Council of Ministers shall determine, not lower than in the proposal presented, the income criteria and the amounts referred to in paragraph 1. In order to be able to do so, the Commission shall, by means of a regulation, by 15 July of that year,
8a. Verified income criteria and the amounts referred to in paragraph 1. 5 and 6, shall apply from 1 October of the year in which the verification is carried out.
9. The Minister responsible for Social Security shall submit annually to the Tripartite Social and Economic Affairs Committee on an annual basis, the minimum subsistence determined by the Institute of Labour and Social Affairs. If, in a given calendar year, the amount of the earner's income criterion and the amount of the income criterion per person in the family will be equal to or lower than the minimum of existence, the Tripartite Commission for Economic and Social Affairs may apply to the Council of Ministers with a request to verify the amounts of the income criteria. In that case, the paragraph shall be 1-8 shall apply mutatis mutandis.
Article 10. [ Arrangements for the right to permanent and periodic allowances] 1. When determining the right to permanent and periodic allowances in the composition of the family, no account shall be taken of the children of the foster family or the family home of the child and of the parents of the foster family or of the child's family home, and to the the income of the family does not include their income and benefits to cover the cost of their subsistence and allowances granted on the basis of the provisions on the promotion of the family and the replacement furnace system.
2. The monetary assistance referred to in Article 4 shall not be included in the calculation of the right to monetary assistance and monetary assistance for the continuation of the study on income. 88 ust. 1.
3. (repealed).
4. In determining the amount of the payment for the stay of a person in the home of social assistance, the composition of the family shall take into account other members of the family staying in the institutional care facilities, if the family bears the remuneration for their stay.
Article 11. [ Restriction or refusal to grant a benefit in the event of a declaration of invalidate benefits] 1. In the event of a social worker's claim that the benefits granted, their deliberate destruction or misuse, or the waste of their own financial resources, may result in a reduction in the the benefits, the refusal to grant them or the granting of the aid in the form of a non-cash benefit.
2. The lack of cooperation of a person or family with a social worker or an assistant to the family, referred to in the provisions on the promotion of the family and the system of foster care, in solving a difficult life situation, refusal to enter into a social contract, failure to receive its provisions, unjustified refusal to take up employment, other gainful employment by an unemployed person or an unjustified refusal to take up or terminate training, internship, professional preparation in the workplace, performing work interventions, public works or socially useful works, of which The provisions on the promotion of employment and labour market institutions, or the unjustified refusal to take away treatment in a treatment facility by an addicted person, may give rise to a refusal to grant a benefit, a repeal a decision to grant a benefit or to withhold cash benefits from social assistance.
3. In the event of a refusal to grant or limit the amount or size of the benefits from social assistance, the situation of dependants must be taken into account.
Article 12. [ Restriction or refusal to grant a benefit in the case of differences between documentation and actual property situation] In the case of a social worker found disparities between the documented amount of income and the property situation of a person or family, indicating that the person or family is capable of overcoming the difficult situation of life, using their own assets, in particular in the possession of significant financial resources, valuable assets or immovable property, may be refused to grant the benefit.
Article 13. [ Refusal to grant aid to a person holding a custodial sentence] 1. The onus serving the sentence of imprisonment shall not be entitled to the benefits of social assistance.
2. A temporary detainee shall be suspended from the right to social assistance benefits. No benefits shall be granted for the period of the temporary arrest.
Article 14. [ Application of provisions of the Code of Administrative Procedure] In cases not governed by the Act, the provisions of the Act of 14 June 1960 shall apply mutatis mutandis. -The Code of Administrative Procedure (Dz. U. 2000 r. Nr 98, pos. 1071, of late. zm.), if the Act does not provide otherwise.
Chapter 2
Social assistance tasks
Article 15. [ Objectives of social assistance] The social assistance shall consist in particular of:
1) the granting and payment of the provided benefits act;
2. social work;
3) the conduct and development of the necessary social infrastructure;
4) the analysis and assessment of the phenomena giving birth to the demand for social assistance;
5) the implementation of tasks resulting from the discerication of social needs;
6) develop new forms of social assistance and self-help within the identified needs.
Article 16. [ Bodies required to ensure the implementation of social assistance tasks] 1. The obligation to ensure the fulfilment of the tasks of social assistance rests with the local government units and on the bodies of the government administration in the scope of the law.
2. The municipality and the district, obliged in accordance with the provisions of the Act to perform the tasks of social assistance, may not refuse assistance to the person in need, despite the existing duty of individuals or legal persons to meet her essential needs of life.
3. The aid may also not be refused by the entities to whom the local authorities have commissioned the tasks, under the conditions laid down in the article. 25.
Art. 16a. [ Evaluation of social assistance resources] 1. The commune, district and self-government of the voivodship prepare an assessment of the resources of social assistance based on the analysis of the local social and demographic situation.
2. The resources referred to in paragraph 2. 1, including, in particular, infrastructure, staff, non-governmental organisations and financial contributions for social assistance tasks, irrespective of the funding and realising entities.
3. The assessment referred to in the paragraph. 1, includes persons and families benefiting from social assistance, the types of their problems and their quantitative distribution.
4. The executive body of the local government unit shall present each year to 30 April respectively the council of the municipality, the district council, and by 30 June the Sejm of the competent authority of the local government unit the assessment referred to in the paragraph. 1. The assessment together with the recommendations is the basis for planning the budget for the next year.
Art. 16b. [ Social troubleshooting policy] 1. The municipality and the district shall develop a strategy for solving social problems, and the local government of the strategy on social policy.
2. The strategy referred to in the paragraph. 1, shall include in particular:
1) diagnosis of the social situation;
2) a forecast of changes in the area covered by the strategy;
3. the term:
(a) the strategic objectives of the proposed amendments,
(b) the lines of action necessary
(c) the implementation of the strategy and its financial framework,
(d) performance indicators.
Article 17. [ Local tasks of the municipalities of a compulsory nature] 1. The tasks of the communes of a compulsory nature shall be:
1) developing and implementing a municipal strategy to solve social problems with particular emphasis on social assistance programmes, prevention and solving of alcohol problems and others aimed at the integration of individuals and families from groups specific risks;
2) drawing up, in accordance with art. 16a, evaluation of social assistance;
3) giving shelter, providing a meal and the necessary clothes to persons deprived;
4) the granting and payment of periodic allowances;
(5) the granting and payment of special allowances;
6. the granting and payment of special allowances to cover expenses incurred as a result of a random event;
(7) the granting and payment of special allowances to cover the expenditure on the health benefits of the homeless and other persons who do not have income and the possibility of obtaining benefits on the basis of General insurance rules in the National Health Fund ;
(8) the granting of special purpose allowances in the form of a credit ticket;
(9) payment of the pension insurance contributions for a person who resigns from employment in connection with the need for direct, personal care for the long-term or seriously ill member of the family and joint unrivaled mother, father or siblings;
10) social work;
11) organizing and providing care services, including specialist, in the place of residence, excluding specialist care services for people with mental disorders;
12) conducting and providing places in protected dwellings;
13) (repealed);
14) subsidising children;
15) to make burial, including those who are homeless;
16) directing to the home of social assistance and bearing the payment for the residents of the municipality in this house;
16a) to help those who have difficulty in adapting to life after being released from the criminal establishment;
17. drawing up the reporting and forwarding it to the relevant water, also in the form of an electronic document, using a computerised system;
18. the establishment and maintenance of a social assistance centre, including the provision of resources for the remuneration of workers;
(19) the granting and payment of permanent allowances;
20) the payment of the health insurance premiums laid down in the provisions on health care benefits financed from public funds.
2. The municipalities ' own tasks shall be:
(1) the granting and payment of special purpose allowances;
2. the granting and payment of aid for economic benefits in the form of allowances, loans and aid in kind;
3) the conduct and provision of places in the homes of social assistance and support centres with communal coverage and the directing to them of persons needing care;
4) taking other social assistance tasks resulting from the discerned needs of the municipality, including the creation and implementation of cover programmes;
5. cooperation with the district labour office in the field of dissemination of job offers and information on job vacancies, dissemination of information on the services of vocational guidance and training.
Article 18. [ Tasks commissioned from the government's administration by the municipality] 1. To tasks commissioned from the scope of government administration carried out by the municipality shall be:
1) (repealed);
2. (repealed);
3) organizing and providing specialized care services at the place of residence for people with mental disorders;
(4) the granting and payment of duty allowances to cover expenditure relating to natural or environmental disasters;
5) the running and development of environmental infrastructure of self-help homes for people with mental disorders;
6) the implementation of the tasks resulting from government social assistance programmes aimed at protecting the living standards of individuals, families and social groups and the development of specialist support;
7) the granting and payment of special-purpose allowances, as well as the provision of shelter, meal and the necessary clothes of the foreigners referred to in art. 5a;
8) the granting and payment of special-purpose allowances, as well as the provision of shelter, meal and necessary clothing to foreigners who have obtained their consent to stay tolerated on the territory of the Republic of Poland;
(9) payment of the remuneration for the exercise of care.
2. Measures for the implementation and operation of the tasks referred to in paragraph. 1, provides the state budget.
3. The costs of servicing the task referred to in paragraph. 1 point 9, 1,5% of the subsidy received for the payment of the remuneration for the exercise of care.
Article 19. [ Own tasks of the district] The tasks of the county shall be:
1) the development and implementation of a district strategy for solving social problems, with particular emphasis on social assistance programmes, support for people with disabilities and others whose aim is to integrate persons and families from specific groups the risk-after consultation with the relevant territorially relevant municipalities;
2) conducting specialist counselling;
3. (repealed);
4) (repealed);
5) (repealed);
6) granting monetary assistance to self-help and continuing education to persons leaving the homes of social assistance for children and young people with intellectual disabilities, homes for mothers with minors and pregnant women and shelters For minors, correctional facilities, special school and education centres, special educational centres, youth sociotherapy centres providing round-the-clock care and/or youth education centres;
7) assistance in integration with the environment of people having difficulties in adapting to life, young people leaving the homes of social assistance for children and young people with intellectual disabilities, homes for mothers with minor children and pregnant women, and minors ' shelters, correctional facilities, special school and education centres, special education centres, youth sociotherapy centres providing round-the-clock care or youth education centres with deficiencies in adaptation;
8) assistance to foreigners who have obtained in the Republic of Poland the status of refugee or subsidiary protection, having difficulties in integration with the environment;
9) (repealed);
10) the establishment and development of infrastructure for the homes of social assistance with a supra-communal extent and the placement of targeted persons in them;
11) carrying out apartments protected for persons from more than one municipality and district support centres, including houses for mothers with minor children and pregnant women, excluding the environmental self-help homes and other support centres for patients with psychiatric disorders;
12. conducting crisis intervention centres;
13) providing information about rights and powers;
14) training and improvement of the professional staff of social assistance from the county area;
15) the methodical advice for managers and employees of organizational social assistance units from the district;
16) take other actions resulting from the recognized needs, including the creation and implementation of cover programs;
17. drawing up the reporting and forwarding it to the relevant water, also in the form of an electronic document, using a computerised system;
18) drawing up, in accordance with art. 16a, evaluation of social assistance;
19) to create and maintain a district assistance centre to the family, including the provision of resources for the remuneration of employees.
Article 20. [ Government tasks carried out by the county] 1. To the tasks of the governmental administration carried out by the county shall be:
1) help foreigners who have obtained in the Republic of Poland refugee status or subsidiary protection, within the scope of an individual integration programme, and paying for these persons ' health insurance premiums specified in General insurance regulations in the National Health Fund ;
2) the running and development of infrastructure of support centres for people with mental disorders;
3) the implementation of the tasks resulting from government social assistance programmes aimed at protecting the living standards of individuals, families and social groups and the development of specialist support;
4) giving the foreigners referred to in art. 5a, assistance in the field of crisis intervention;
5) (repealed);
6) (repealed).
2. Measures for the implementation of the tasks referred to in paragraph. 1, provides the state budget.
3. (repealed).
Article 21. [ Local Government Tasks] The tasks of the provincial government include:
1) the development, updating and implementation of the voivodship strategy as an integral part of the development strategy of the voivodship covering, in particular, the programmes: against social exclusion, levelling of opportunities persons with disabilities, social assistance, prevention and solving of alcohol problems, cooperation with non-governmental organisations-after consultation with powiats;
2. organisation of education, including the conduct of public schools of social services and the training of professional staff of social assistance;
3) the recognition of the causes of poverty and the development of regional social assistance programmes supporting local authorities in actions to reduce this phenomenon;
4) to inspire and promote new solutions in the area of social assistance;
5) organizing and running regional agencies of social assistance;
6) (repealed);
7) drawing up the reporting and forwarding it to the right water, also in the form of an electronic document, using the ICT system;
(8) the drawing up of the assessment referred to in Article 16a, on the basis of assessments drawn up by the municipalities and powiats from the voivodship area, taking into account the issues and social problems resulting from the adopted strategy together with the projects referred to in point 3 and handing them to the competent voivodship by day 31 July of each year;
9) the establishment and maintenance of a regional centre of social policy, including the provision of resources for the remuneration of employees.
Article 22. [ Jobs of water] The tasks of the wojewater shall be:
1) the establishment of a way of carrying out tasks within the scope of government administration implemented by local government units;
2) a statement of compliance of the remedial programmes on the attainment of standards in organizational units of social assistance and an assessment of the degree of their implementation
3. issuing and withdrawing authorisations or conditional authorisations for the management of social assistance houses and the granting and withdrawal of authorisations for the provision of 24-hour care services for the disabled, the chronically ill or the elderly age, including those carried out on the basis of the provisions on economic activity;
3a) (repealed);
4) keeping a register of social assistance houses, facilities providing round-the-clock care to disabled persons, chronically ill or elderly people, including those carried out on the basis of regulations on economic activity, institutions Accommodation facilities and specialised counselling units;
5) to coordinate the integration activities of foreigners who have obtained in the Republic of Poland the refugee status or subsidiary protection, in particular as regards indication of their place of residence, and keeping the register approved individual integration programmes;
6) (repealed);
7) the realization or commission of local government units or non-public entities of tasks resulting from government programs;
8) supervision of the implementation of tasks of municipal, district and voivodship, including the quality of the activity of the organizational units of social assistance and on the quality of services for which the Minister responsible for social security has specified standards, including standards of care and upbringing, as well as on the compliance of the employees of the employees of the social assistance agencies with the required qualifications;
8a) (repealed);
9) control of the quality of services referred to in point 8, performed by non-public entities on the basis of a contract with the authorities of government and self-government administration;
9a) control of the quality of services referred to in point 8, carried out by the homes of social assistance carried out not at the request of the body of the local government unit by non-public entities referred to in art. 57 (1) 1 points 2 to 4;
10) control of facilities providing round-the-clock care to disabled persons, chronically ill or elderly, including those carried out on the basis of regulations on economic activity, in the field of social-life services standards and respect the rights of those persons;
11) analysis of the state and effectiveness of social assistance based on the assessment of social assistance resources adopted by the Voivodeship's self-government taking into account the assumptions provided by the strategy;
12) the drawing up of reporting and the transmission of its Minister to the Social Security Affairs, also in the form of an electronic document, using the ICT system;
13) the implementation of the tasks defined by the Minister responsible for Social Security in the scope of maintaining and developing the IT system in the organizational units of social assistance in the voivodship and co-financing and checking surveillance of its operation;
(14) financial support to programmes in the field of social assistance, as defined by water, carried out by local or regional authorities or by righteners referred to in art. 25 par. Article 1 (1) shall apply mutatis mutandis to the selection of programmes. 25, 26, 28-35;
15. to coordinate, within the framework of the social assistance system, the prevention of trafficking in human beings and the support provided to the victims of trafficking in human beings.
Article 23. [ Tasks of the Minister responsible for social security] 1. The tasks of the Minister responsible for social security shall be:
1) creating the concept and determining the directions of development in the area of social assistance;
2) commissioning and financing studies, expertise and analyses in the field of social assistance;
3) monitoring of the standards referred to in art. 22 point 8;
4) analysis of the effectiveness of social assistance;
5) to inspire and promote new forms and methods of action, as well as the training of human resources;
6) substantive supervision over the training in the organization of social assistance and the specialisation in the profession of social worker;
7. development and financing of cover programmes;
7a) the financial support of the programmes in the area specified by the Minister of Social Assistance, carried out by the local government units or the righteners referred to in art. 25 par. 1;
8) (repealed);
9) determination of public administration tasks in the scope of maintenance and development of IT system in organizational units of social assistance in voivodships, transfer of funds for co-financing and the exercise of supervision of functioning this system;
10) co-operation with non-governmental organisations.
1a. The selection of the programmes referred to in paragraph 1. 1 point 7a, the provisions of the Law of 24 April 2003 shall apply accordingly. about the activity of the public benefit and about the volunteer (Dz. U. Nr 96, pos. 873, of late. zm.).
1b. The Minister may audit and evaluate the implementation of the programmes, which he supports financially.
2. The Minister responsible for social security shall determine, by means of a regulation:
1) the way of functioning of the organizational units of social assistance, the standards for particular types of services, the qualifications of the persons performing these services and the deadline for adaptation to the required standards, taking into account the scope of services, the place and manner of them the implementation and the need to ensure that the rights of persons enjoying the services are respected;
2) the standards of professional activity in the organizational units of social assistance, taking into account the ethical aspects of this activity and the need to ensure high quality of activities;
3) mode of directing and admission to organizational units of social assistance carried out in the framework of the execution of tasks of government administration, conditions and mode of setting and collecting of the payment, as well as the conditions of total or partial the exemption from payment for stay in these units and the use of their services, taking into account the material situation of the persons in charge.
3. The Minister responsible for social security shall, in agreement with the Minister responsible for computerisation, determine, by means of a regulation:
1) a description of the information and communication systems referred to in art. 17 para. 1 point 17, art. 19 point 17, art. 21 points 7 and art. 22 point 12, applied in the organizational units of social assistance, containing the structure of the system, the required minimum functionality of the system and the scope of communication between the elements of the system structure, including the compilation of document structures electronic, data formats, and communication and encryption protocols referred to in art. 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. No 64, pos. 565, of late. zm.),
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
-having regard to the homogeneity of the scope and the nature of the data which will enable them to be merged into a central set, and to maintain compliance with the minimum requirements and the way in which the software is compatible, as determined by the Act of 17 February 2005 o computerisation of the activities of public entities.
4. Where the implementation of the tasks defined in the Act is related to the transfer of information by means of the ICT system, the Minister responsible for Social Security shall make available free of charge to the transferors. information on the basis of this Act software, which complies with the requirements specified by the Minister responsible for social security in the provisions issued under the mouth. 3.
4a. The Minister responsible for Social Security may set up a central register including data on social assistance agencies, as well as data on persons and families who have been provided with social assistance, as well as granted social assistance, collected by the social assistance organizational units on the basis of the provisions of the Act, and may process this data on the principles specified in the provisions on the protection of personal data. The social assistance organisational units shall transmit the data to the Central Register, using the software referred to in paragraph 1. 4.
5. The Minister responsible for social security, carrying out the tasks laid down in the Act relating to the communication of information by means of electronic communication, shall take into account the principle of equal treatment of all commonly used in the country of the operating systems and takes into account the need to allow all entities to be required to store information in the form of an electronic document, the use of software tailored to the used information systems without the need to incur additional licensing costs.
Article 24. [ Government Social Assistance Programme] 1. The Council of Ministers may adopt a government social assistance programme designed to protect the standard of living of persons, families and social groups and the development of specialist support.
2. The Council of Ministers shall determine, by means of a regulation, the detailed arrangements for the implementation of the programme referred to in paragraph. 1, taking into account the need to ensure the effectiveness of the government's social assistance programme
Article 25. [ Tasks of the organs of government and local government] 1. The bodies of government and local government, hereinafter referred to as "bodies", may order the implementation of the task of social assistance, providing grants for financing or subsidising the execution of the commissioned task of non-governmental organizations, of which Article 3 para. 2 of the Act of 24 April 2003. about the activities of public benefit and volunteer work and entities mentioned in art. 3 para. 3 of this Act, which carries out social assistance activities, hereinafter referred to as " righteners.
2. The outsourcing of social assistance tasks shall not include:
1) the establishment of entitlements to benefits, including the conduct of family environmental interviews;
2) the payment of social and health insurance premiums;
3) payment of cash benefits.
3. (repealed).
4. The order of realization of the task of social assistance shall be carried out after the prior conduct of the contest of tenders.
5. To order the tasks referred to in paragraph. 1, the provisions of the Act of 24 April 2003 shall apply. about the activity of the public benefit and about the volunteer.
Article 25a. (repealed).
Article 26. (repealed).
Article 27. (repealed).
Article 28. (repealed).
Article 29. (repealed).
Article 30. (repealed).
Article 31. (repealed).
Article 32. (repealed).
Article 33. (repealed).
Article 34. (repealed).
Article 35. (repealed).
SECTION II
Benefits from social assistance
Chapter 1
Allowances and services
Article 36. [ List of benefits from social assistance] The benefits of social assistance are:
(1) Cash benefits:
(a) permanent allowance,
(b) periodic allowance,
(c) the special-purpose allowance and special purpose allowance.
(d) allowance and loan for economic self-empowerment,
(e) (repealed),
(f) aid for self-reliance and for the continuation of the study,
(g) a cash benefit for the maintenance and coverage of expenses related to the teaching of the Polish language to foreigners who have obtained in the Republic of Poland the refugee status or subsidiary protection,
(h) the remuneration payable to the custody of the carers awarded by the court;
2. non-cash benefits:
(a) social work,
(b) a credit ticket,
(c) contributions to health insurance,
(d) social contributions,
(e) aid in kind, including economic self-reliance,
(f) the making of burial,
(g) specialised counselling,
(h) crisis intervention,
(i) refuge,
(j) meal,
(k) the necessary clothing,
(i) care services at the place of residence, in support centres and in family assistance homes,
(m) specialised care services at the place of residence and in support centres,
(n) flat protected,
o) stay and services in the home of social assistance,
(p) (repealed),
(q) assistance in obtaining appropriate housing conditions, including in a protected apartment, assistance in obtaining employment, development aid, in the form of a contribution in kind to a person who is self-empowerment,
(r) (repealed).
Article 37. [ Permanent Allowance] 1. The strength of the force shall be:
1) a non-working person who is a person who is a person who is unable to work for a period of age or who is wholly unfit to work if its income is less than the income criterion of a non-self-holding person;
2) a full-year person remaining in a family, unable to work because of age or completely incapable of working, if her income, as well as income per person in the family are lower than the income criterion per person in the family.
2. [ 5] The permanent allowance shall be fixed at:
1) in the case of a person holding a single economy-the difference between the income criterion of the person holding the person and the income of that person, with the fact that the amount of the allowance shall not be higher than PLN 418 per month;
2) in the case of a person in the family-the difference between the income criterion per person in the family and the income per person in the family.
3. The amount of the fixed allowance shall not be less than 30 PLN per month.
4. [ 6] In the event of an entitlement to permanent and social benefit, the provision of a nursing care, a special care allowance or an allowance for the single raising of the child and the loss of the right to unemployment benefit as a result of the statutory passage the period of its collection, the permanent allowance shall not be granted.
5. A person who is in the household of social assistance or who is applying for admission to him shall be regarded as a person who is a host alone, if he has been entitled to a place of social assistance before being admitted to the home of social assistance, or who has been entitled to a place where he is entitled to a place where The amount of the allowance
Article 38. [ Periodic allowance] 1. The periodic force shall be entitled, in particular, due to long-term illness, disability, unemployment, the possibility of maintaining or acquiring entitlement to benefits from other social security schemes:
1) a person who is a householder whose income is less than the income criterion of a person who is a person who is a person of the host;
2) a family whose income is lower than the income criterion of the family.
2. The periodic strength shall be determined:
1) in the case of a person holding the person-up to the amount of the difference between the income criterion of the person holding the person and the income of that person, with the fact that the amount of the allowance shall not be higher than PLN 418 per month;
2) in the case of a family-up to the height of the difference between the income criterion of the family and the income of this family.
3. The amount of the periodic allowance determined in accordance with the paragraph. 2 may not be less than 50% of the difference between:
1) the income criterion of the person holding the person and the income of that person;
2) the income criterion of the family and the income of this family.
4. The amount of the periodic allowance shall not be less than 20 PLN per month.
4a. In the case of taking up employment by a person subject to a social contract, the levy may continue to be paid regardless of the income until the date resulting from the decision granting the temporary allowance, but no longer than 2. months from the date on which the person was hired.
4b. The interim force shall be paid independently of the income in the situation referred to in paragraph. 4a not more than once every 2 years.
5. The period for which the allowance is granted shall determine the centre of social assistance on the basis of the circumstances of the case.
(6) The municipal council, by way of a resolution, may increase the minimum amounts of the periodic allowance referred to in paragraph 1. 2 and 3.
Article 39. [ Celtic allowance] 1. In order to meet the necessary needs of the former, a special purpose allowance may be granted.
2. A deliberate force may be granted in particular to cover part or all of the costs of the purchase of food, medicines and medical treatment, heating, clothing, necessary items of household use, minor repairs and repairs in the apartment, as well as the cost of burial.
3. Persons with a homeless person and other non-income persons and the possibility of obtaining benefits on the basis of General insurance rules in the National Health Fund may be granted a special purpose allowance to cover part or all of the expenditure on health benefits.
4. A special-purpose force may be granted in the form of a loan ticket.
Article 39a. [ The special-purpose allowance granted for the implementation of the provisions of the social contract] 1. A purpose force may also be granted in order to implement the provisions of the social contract.
2. The purpose of the customs forces referred to in paragraph 2. 1, can be paid regardless of income, for a period of up to 2 months from the date on which the person covered by the social contract, in the course of its implementation, became the person employed.
Article 40. [ Conferral on the special-purpose allowance] 1. A deliberate force may also be granted to a person or family who have suffered losses as a result of a random event.
2. A deliberate force may also be granted to a person or family who has suffered losses as a result of a natural or environmental disaster.
3. The purpose of the customs forces referred to in paragraph 3. 1 and 2, may be granted independently of income and may not be repaid.
Article 41. [ Grants to persons with income exceeding the income criterion] In particularly justified cases, a person or family with income exceeding the income criterion may be granted:
(1) a special purpose allowance in the amount not exceeding the income criterion of a non-repayable person or of a family who is non-refundable;
(2) a temporary allowance, a special purpose allowance or an aid in kind, provided that part or all of the amount of the allowance or expenditure is returned to the aid in kind.
Article 42. [ Contributions to pension and pension insurance] 1. For a person who will resign from employment in connection with the need to exercise direct, personal care of a long-lasting or severely ill member of the family and, together, a non-resident mother, father or siblings, an aid centre social pay a contribution to pension and disability insurance on the amount of the income criterion per person in the family, if the income per person in the family of the person taking care does not exceed 150% of the amount of the income criterion per person in the family and the person caring does not have to be compulsorily insured for pension and disability insurance in respect of other titles; or does not receive a pension or a pension. This also applies to people who, due to the need for care, remain on free leave.
2. By the father and the mother referred to in the mouth. 1, the father and mother of the spouse shall also be understood.
3. The need to exercise direct, personal care of the persons referred to in the mouth. 1, shall state the health insurance doctor in a certificate issued not earlier than 14 days prior to the submission of the application for the benefit.
4. [ 7] The contribution to the pension insurance of a specific social security scheme is paid for the duration of the care, but not longer than for the period necessary to obtain the 25-year period of insurance (contributory and non-contributory), subject to art. 87 (1) 1b of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.
5. [ 8] The pension contribution shall not be granted to the person who, at the date of submission of the application for the benefit:
1) has completed 50 years and does not have a period of insurance (contributory and non-contributory) of at least 10 years;
2) has a period of insurance (contributory and non-contributory) of 25 years, subject to art. 87 (1) 1b of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.
6. When determining the period of insurance referred to in paragraph. 5, non-contributory periods shall be fixed in a dimension not exceeding one third of the proven component periods.
Article 43. [ Monetary aid for economic and social assistance] 1. Either the municipality or the family can grant assistance in monetary or physical form, in order to make the most of the economic self-reliance.
2. Assistance in the form of monetary assistance for the purpose of economic independence may be granted in the form of a one-off benefit or an interest-bearing loan.
3. The conditions for the granting and repayment of the loan and its security shall be specified in the contract with the municipality.
4. The loan may be decommitted in whole or in part if this will contribute to a faster attainment of the objectives of social assistance.
5. Assistance in kind form for the purpose of economic independence shall be made by the provision of machinery and work tools creating an opportunity to organise their own work workshop and facilities to facilitate the work of the disabled.
6. The subjects referred to in paragraph 5, shall be made available on the basis of the use agreement.
7. The basis for refusal to grant or limit the amount of aid to economic emancipation may be waived by a person or family applying for assistance from taking the appropriate work within the meaning of the employment regulations and anti-unemployment or surrender to a professional training.
(8) The aid for economic independence shall not be granted if the applicant has already received the aid for that purpose from another source.
9. In the cases referred to in paragraph. 1-8, the municipality co-operates with the district labour office.
10. The municipal council, by way of a resolution, shall determine the amount and the detailed conditions and modality of granting and returning the benefit to the economic self-reliance.
Article 44. [ Burial] The cause of the funeral is carried out in a manner established by the municipality, according to the confession of the deceased.
Article 45. [ Social Work] 1. Social work is provided in order to improve the functioning of persons and families in their social environment. Social work shall be carried out:
1) with persons and families in order to develop or strengthen their activity and self-reliance;
2) with the local community in order to ensure cooperation and coordination of the activities of institutions and organizations relevant to meeting the needs of the members of the community.
2. Social work can be carried out on the basis of a social contract.
3. In social work, the relevant activity of the method and the technique shall be used, applied with respect for the dignity of the person and her right to self-determination.
4. Social work is provided to persons and families irrespective of the income they have.
Article 46. [ Provision of counselling] 1. Specialty advice, in particular legal, psychological and family, shall be provided to persons and families who have difficulties or show the need for support in solving their life problems, regardless of the income they have.
2. Legal advice shall be carried out by providing information on the applicable provisions in the scope of family law and caring, social security, protection of the rights of tenants.
3. Psychological advice is carried out by the processes of diagnosis, prevention and therapy.
4. Family advice covers the problems of the functioning of the family, including the problems of care for the disabled person, as well as family therapy.
Article 46a. [ Register of specialised counselling units] 1. The wojewoda shall keep a register of units of specialist counselling.
2. The register is overt.
3. Wojewoda annually, until 30 June, announces the register in the voivodship of the official journal and publishes on this website.
Article 47. [ Crisis intervention] 1. Crisis intervention is a team of interdisciplinary activities undertaken for the benefit of persons and families who are in a state of crisis. The aim of the crisis intervention is to restore the mental balance and skills of self-coping, and thus prevent the transition from crisis response to the state of chronic psychosocial insufficiency.
2. Crisis intervention shall include persons and families irrespective of the income.
3. Within the framework of crisis intervention, immediate specialist psychological assistance shall be provided and, depending on the needs, social or legal counselling, in justified cases, of up to 3 months.
3a. Foreigners referred to in art. 5a, it is possible to provide shelter for the period of authorisation to live for the duration of the marked time referred to in art. 53 and art. 53a ust. 2 point 4 of the Act of 13 June 2003. o foreigners.
4. Mother with minor children and pregnant women affected by violence or in a different crisis situation can in crisis intervention find shelter and support in homes for mothers with minors and pregnant women. Fathers with young children or other people who are taking care of children may also be admitted to these homes.
5. The Minister responsible for social security shall determine, by means of a regulation, the standard of the existing basic services provided by homes for mothers with minor children and pregnant women and the mode of routing and admission to such homes, taking into account the possibility of isolating the aid from the perpetrators of violence and overcoming the crisis situation.
Article 48. [ Right to shelter, meal and necessary clothes] 1. A person or a family shall have the right to shelter, a meal and the necessary clothes, if it is deprived of it.
2. The sharing of a shelter is by granting temporary accommodation in accommodation, shelters, houses for homeless people and other places for this destination.
3. The award of the necessary clothes shall be made by providing the person needing underwear, clothing and footwear suitable for her individual properties and the season.
4. An emergency or periodic assistance in the form of a single hot meal a day shall be given to a person who is unable to provide his or her own endeavor.
5. The aid referred to in paragraph 5. 4, awarded to children and youth in the period of school science may be implemented in the form of purchase of meals.
Art. 48a. [ Register of premises providing accommodation] 1. The Wojewoda shall keep a register of establishments providing accommodation.
2. The register is overt.
3. Wojewoda annually, until 30 June, announces the register in the voivodship of the official journal and publishes on this website.
Article 49. [ Individual programme of homelessness exit] 1. A homeless person can be subject to an individual program of homelessness, which is to support the homeless person in solving his life problems, in particular family and housing, and to assist in obtaining employment.
2. An individual program of homelessness exit is being developed by a social worker's social assistance centre together with a homeless person and is subject to approval by the site manager.
3. If a homeless person stays in a shelter or a home for the homeless, the individual program of exiting the homelessness can be developed by a social worker employed in that facility, subject to the paragraph. 5.
4. The rejector of the individual program of exiting the homelessness in the case referred to in the paragraph. 3, there is a shelter or a house for the homeless.
(5) If the individual exit program goes beyond the means at the disposal of the facility, or if it is necessary to cover a person with a homeless health insurance, it shall be subject to the approval of the manager of the aid centre. I. In such a case, the programme shall indicate the entities responsible for implementing the individual provisions of the programme.
6. The individual programme of homelessness exit should take into account the situation of the homeless person and provide specific support to the person actively participating in the exit from homelessness.
(7) The individual programme for the exit of homelessness according to the needs of the homeless person may take into account all the means of assistance at the disposal of the social assistance centre implementing the programme.
(8) For a homeless person subject to an individual programme of homelessness, the social assistance centre pays a contribution to health insurance in accordance with the rules laid down in the General insurance regulations in the National Health Fund .
Article 50. [ Custodial services] 1. A single person who, due to age, illness or other causes, requires the assistance of other persons, and is deprived of it, shall be entitled to assistance in the form of caring services or specialised care services.
2. The care services or specialized care services may also be granted to a person who requires the assistance of other persons, and the family, as well as jointly non-resident spouses, preliminary, trickery shall not provide such assistance.
3. The care services include assistance in meeting the daily needs of life, hygienic care, recommended by the doctor of care and, where possible, providing contact with the surroundings.
4. Specialized care services are services tailored to the specific needs arising from the type of illness or disability, provided by persons with specialist professional preparation.
5. The social assistance centre, providing the care services, shall determine their scope, period and place of benefit.
6. The municipal council shall specify, by way of a resolution, the detailed conditions for granting and paying for care services and specialised care services, excluding specialised care services for persons with mental disorders, and detailed conditions for partial or total exemption from fees, as well as the mode of collection.
7. The Minister responsible for Social Security in consultation with the Minister of Health shall determine, by regulation, the types of specialised care services and the qualifications of persons providing such services, and conditions and modality the setting and collection of fees for specialist care services provided to persons with mental disorders, as well as the conditions for partial or total exemption from these fees, due to the particular needs of the persons using the services, having regard to the material situation of those persons.
Article 51. [ Support Site] 1. Persons who, due to age, illness or disability require partial care and assistance in meeting the necessary life needs, may be granted care services, specialist care services or a meal, provided at the centre support.
2. The support centre is an organizational unit of the social assistance of a daily stay.
3. A 24-hour periodical stay may be held at the support centre.
4. The support measure referred to in paragraph 1. 1-3, there may be a support centre for people with mental disorders, a daily aid home, a home for mothers with minor children and pregnant women, a shelter and a home for homeless people and a self-help club.
Article 51a. [ Support centres for people with psychiatric disorders] 1. Support centres for people with mental disorders are: an environmental self-help home or a self-help club for people with mental disorders, hereinafter referred to as "participants", which as a result of the impairment of some of the functions of the organism or the ability to Adaptive needs help to live in a family and social environment, in particular in order to increase resourcefulness and self-reliance, as well as their social inclusion.
2. The environmental self-help house provides services within individual or team training of self-service and training of social skills, consisting of learning, developing or sustaining skills in everyday activities and the functioning of the social life.
3. The period of use of the 24-hour stay in the environmental self-help house shall not be one time longer than 3 months, with the possibility of extension up to 6 months in justified cases, with maximum period of stay of the 24-hour person shall not be longer than 8 months in the calendar year.
4. The range of services provided in the self-help clubs shall be determined by the competent authority of the local government unit leading the self-help club in agreement with the voyeurist.
5. The Minister responsible for social security shall determine, by means of a regulation:
1) the way of functioning of the environmental self-help houses,
2) the mode of directing and admitting to the environmental self-help houses,
3) qualification of persons providing services,
4) standards of services provided by environmental self-help houses,
5) deadline for the adaptation of the environmental self-help homes to the required standards
-taking into account the needs and the psychophysical capabilities of the people who are guided into the environmental homes of self-help and the need to ensure the smooth functioning of these houses.
Art. 51b. [ Monthly payment for services provided in support centres for persons with psychiatric disorders] 1. Payment of a monthly payment for services provided in the support centres for persons with mental disorders, shall be set at 5% of the amount of the income of a single householder or the amount of income per person in the family, if the income of a person alone the host or income per person in the family exceeds the amount of 250% of the relevant income criterion referred to in Article 8 ust. 1 (1) and (2).
2. Use of self-help club services for people with mental disorders is free of charge.
3. The payment for round-the-clock services in the support centres for persons with mental disorders shall be set at 70% of the income of the person using the services, in proportion to the period of her stay.
4. The payment referred to in paragraph shall be made. 1 and 3, shall not be higher than the average monthly amount of the grant per participant referred to in Article 51c (1) 3, calculated for the support centre in which the person is staying.
5. The decision to refer to the support centre for persons with mental disorders and the decision determining the payment for the use of the services in these centres shall issue the competent authority of the local government unit conducting or outsourcing the operation support centre for people with psychiatric disorders.
6. The body referred to in paragraph 1. 5, may exempt persons obliged to pay for services at the assistance centres, at their request, partially or entirely from that payment. Article Recipe 64 shall apply mutatis mutandis.
7. Revenue from the payment for services provided in the support centres for persons with mental disorders constitute the income of the state budget.
Art. 51c. [ The creation of a support centre for people with mental disorders by the local government unit] 1. An entity of local government may, in consultation with the voyeurist, create a support centre for persons with mental disorders or launch new places at such a site, taking into account the possibility of their funding from the state budget.
2. The monthly amount of the subsidy from the state budget to cover the current costs of operating the support centres for people with mental disorders shall be determined as the product of the current number of persons using the services in these centres and the average the monthly voivodship amount per participant, not higher than the average monthly amount of the subsidy calculated for the voivodship.
3. The Wojewoda annually fixes the monthly average monthly amount of the grant per participant separately for the environmental self-help houses, self-help clubs for people with mental disorders, not higher, however, than the average monthly amount of the grant calculated for the voivodship.
4. The amount of the grant determined in accordance with the paragraph. 2 may be increased, not more than by 20%, depending on the number of participants and the scope, quality and type of services provided.
Article 52. [ Family house of aid] 1. In the absence of the possibility of providing care services at the place of residence the person requiring due to the age or disability of the assistance of other persons may use the care and household services in the form of a family home assistance.
2. The family house of assistance shall be the form of caring and bull services provided 24 hours a day by a natural person or an organization of public benefit for not less than three and no more than eight residing jointly demanding by reason of age or disability of support in this form.
3. The Minister responsible for social security shall determine, by means of a regulation, the standards, the type and scope of the former and caring services provided by the family home of the aid, the conditions for the routing, the payment and supervision of the family houses. assistance, with the need to ensure proper care for persons placed in the family home of the aid.
Article 53. [ Apartment protected] 1. A person who, due to the difficult situation of life, age, disability or illness needs to support in the functioning of the daily life, but does not require services in the area provided by the unit of 24-hour care, in particular to the person of psychiatric disorders, a person leaving a foster care within the meaning of the provisions on the promotion of a family and foster care system, a youth educational centre, an establishment for minors, and a foreigner who has obtained in the Republic of Poland Polish refugee status or subsidiary protection, may be granted stay in a protected apartment.
2. The apartment is protected by a form of social assistance which prepares persons who are staying there, under the care of specialists, to lead a life of independent living or to replace their stay in a facility providing round-the-clock care. The protected apartment provides the conditions for independent functioning in the environment, in integration with the local community.
3. A protected apartment can be carried out by any organizational unit of social assistance or the organization of a public benefit.
4. The Minister responsible for social security shall determine, by means of a regulation, the type and extent of support provided in protected apartments, the conditions for driving and staying in protected apartments, guided by the need for assurance appropriate support to those who are directed to the protected apartment.
Article 53a. [ Remuneration for the exercise of care] 1. The remuneration for the exercise of the care shall be paid in the amount determined by the court. The remuneration calculated on a monthly basis shall not exceed 1/10 of the average monthly remuneration in the enterprise sector, without payment of the prizes from the profit, announced by the President of the Central Statistical Office for the period prior to the day the remuneration was granted
2. The sharing of benefits in the form of remuneration for the exercise of care does not require the conduct of a family environmental interview and the issuance of an administrative decision.
Chapter 2
Social assistance homes
Article 54. [ Right to be placed in the home of social assistance] 1. A self requiring 24-hour care due to age, illness or disability, which is not able to function independently in daily life, which cannot be provided with the necessary assistance in the form of care services, shall be entitled to be placed in the social assistance home.
2. The person referred to in the mouth. 1, shall be guided to the house of social assistance of the relevant type, located as close as possible to the place of residence of the person headed, subject to the paragraph. 2a, unless the circumstances of the case indicate otherwise, after obtaining the consent of that person or her statutory representative to put in the home of social assistance.
2a. Where the expected date of waiting for a social assistance at home of a type located closest to the place of residence of the target person is more than 3 months, the person referred to in paragraph shall be the person referred to in paragraph 1. 1, shall be guided by the application to the home of social assistance of the same type located as close as possible to the place of residence of the head of the person in which the expected date of waiting for placement is less than 3 months.
3. A person requiring heightened medical care is directed by an appendix to a care and care facility or nursing care facility.
4. Where an absolute person requiring assistance or her statutory representative does not consent to the placement in the home of social assistance or after the placement withdrew his/her consent, the centre of social assistance or the social assistance house shall be obliged to to the notification of this competent court, and if the person does not have a statutory representative or a guardian-the prosecutor.
Article 55. [ Services provided by the social assistance house] 1. The House of Social Assistance provides the services of being, caring, assisting and educational at the level of the standard in force, in the fields and forms resulting from the individual needs of the persons in it, hereinafter referred to as "residents of the house".
2. The organization of the home of social assistance, the scope and level of services provided by the house shall take into account in particular the freedom, intimacy, dignity and sense of security of the residents of the house and the degree of their physical and mental fitness.
3. The House of Social Assistance may also provide caring services and specialized care services for persons in it not inhabited.
Article 56. [ Breakdown of social assistance houses] The homes of social assistance, depending on who they are intended for, share the following types of houses, for:
1) the elderly;
2) the chronically ill patients;
3) persons of chronic psychiatric patients;
4) adults with intellectual disabilities;
5) children and young people with intellectual disabilities;
6) people with physical disabilities.
Article 56a. [ Total housing of social assistance houses] 1. The House of Social Assistance can be carried out in one building together for:
1) the elderly and the chronically ill patients;
2) the chronically ill patients and persons with physical disabilities;
3) the elderly and the physically disabled;
4) persons of adults with intellectual disabilities, and children and young people with intellectual disabilities.
2. Types of social assistance houses may be combined in a different way than the one specified in the mouth. 1, provided that each of them is situated in a separate building.
3. In the cases referred to in paragraph. 1 and 2, the social assistance house provides services at the standard level of the standard for each type of house.
Article 57. [ The bodies of the social assistance houses] 1. The houses of social assistance may lead, after obtaining the permission of the voyewater:
1) the units of local government;
2) Catholic Church, other churches, religious denominations and social organizations, foundations and associations;
3) other legal persons;
4) natural persons.
2. The permit to conduct a house of social assistance shall be issued by the owner of the house due to the location of the house.
3. The Wojewoda shall issue a permit for the establishment of a social assistance house if the entity does not perform:
1) meets the conditions set out in this Act;
2) meets the standards referred to in art. 55 par. 1 and 2;
3) submit an application for authorisation of the home of social assistance.
3a. The application for a permit for the establishment of a social assistance house shall contain:
1) the name of the entity, its registered office and address, and in the case of a natural person also personal data (name, residence address, PESEL number, if the person has such a person);
2) the number in the Register of Entrepreneurs either in the Central Register and Information on Business Activity or an indication of the document determining the legal status of the entity;
3) tax identification number (NIP);
4. REGON identification number;
5) the name, address and type of the house of social assistance;
6) the number of places intended for the inhabitants of the house;
7) the structure of employment and the scope of the services provided by individual groups of staff.
3b. The application for authorisation of the home of social assistance shall be accompanied by:
1) a copy of the document confirming the legal title to the property on which the house is situated;
2) documents proving compliance with the requirements laid down by separate regulations;
3) the rules of the organization of the house of social assistance or its design;
4. in the case of the entities referred to in paragraph. 1 points 2 to 4:
(a) documents proving the legal status of the entity, where it is not subject to the entry in the Register of Entrepreneurs or the notification to the Central Register and Information on Business Activity,
(b) information on how to finance the house,
(c) attestative that the person who is the head of the house is capable of being able to drive the house,
(d) a certificate or a statement of non-arrears with the tax office and contributions to the Social Insurance Institution; and
(e) a certificate or a declaration of impunity for the offence committed intentionally by the person who will be the head of the house.
3c. The certificates referred to in paragraph 1. 3b (4) (b) d and e, 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.
4. The permit shall be issued after the visit of the facility where the social assistance house is located.
5. The permit to conduct a house of social assistance shall be issued for an indefinite period.
6. Wojewoda maintains a register of social assistance houses. The voivodship annually, until 30 June, announces a register of social assistance houses in the Voivodship Official Journal.
7. Without the consent of the voivodship, the competent authorities of the voivodship, the district and the city on the rights of the district cannot change the destination and the type of the house of social assistance and support centre.
8. The Minister responsible for social security shall determine, by means of a regulation:
1) the way of functioning of specific types of social assistance houses and the applicable standard of basic services provided by the homes of social assistance,
2) a model application for the authorisation of the home of social assistance,
3) mode of routing and admission of persons applying for admission to the home of social assistance
-having regard to the individual needs and the psychophysical possibilities of the inhabitants of the houses and the persons headed for the homes of social
Article 57a. [ Withdrawal of a permit to operate a social assistance home] 1. If an entity authorised to operate a social assistance home:
1) no longer fulfil the conditions set out in this Act,
2) no longer meet the standards referred to in art. 55 par. 1 and 2,
3) shall not present at the request of the wojewater within the prescribed period of the current documents, statements or information referred to in art. 57 (1) 3b
-the water shall set an additional time limit for the fulfilment of the conditions or standards, or for the supply of the required documents, statements or information.
2. After the unsuccessfully expiry of the time limit referred to in paragraph. 1, wojewoda withdraws the permission to lead the house of social assistance.
3. In case of withdrawal of the permit, the wojewoda shall draw the house from the register of the social assistance houses.
Article 58. [ Social assistance home expenses] 1. Expenditure related to the provision of 24-hour care to residents and meeting their necessary former and social needs in their entirety covers the house of social assistance.
2. The House of Social Assistance enables and organizes the people's assistance in the use of the health benefits they enjoy on the basis of separate regulations.
3. The house of social assistance covers the flat fee and partial payment up to the limit of the price, provided for in General insurance regulations in the National Health Fund.
4. The House of Social Assistance may cover the expenditure incurred on the necessary nursing services to the extent that beyond the powers resulting from the rules on general insurance in the National Health Fund.
Article 59. [ Placement at home of social assistance] 1. The decision to refer to the house of social assistance and the decision setting the fee for the stay at the social assistance home shall be issued by the authority of the municipality competent for that person on the day of its direction to the house of social assistance.
2. The decision to place social assistance in the house shall be issued by the municipal authority leading the social assistance house or the district of the district leading the social assistance house. In the case of regional social assistance houses the decision shall be issued by the Marshal of the voivodship, subject to paragraph 5.
3. In the event of impossibility of placement in the home of social assistance due to the lack of vacancies, it shall be notified to the person of the inclusion on the waiting list and the expected date of waiting for the placement of the social assistance at home.
4. The provisions of the paragraph. 1-3 shall apply to the houses of social assistance carried out on behalf of the bodies of local government units.
5. In the case of a regional house of social assistance financed from the income of own self-government, the decision to refer shall be issued by the municipal authority, and the decision to place and pay for the stay shall be issued by the Marshal of the voivodship on the basis of art. 61 (1) 1 point 1 and paragraph. Article 2 (1), Article 2 (1), 64 shall apply mutatis mutandis.
Article 60. [ Maintenance cost per capita] 1. The stay at the home of social assistance shall be paid up to the amount of the average monthly cost of living.
2. Average monthly maintenance cost per capita:
1) in the house of social assistance with communal reach-fixes the mayor (mayor, president of the city) and announces in the voivodship the official journal, not later than 31 March of each year;
2) in the house of social assistance with county coverage-establishes the starosta and announces in the voivodship the official journal, not later than 31 March each year;
3) in the regional house of social assistance-shall determine the Marshal of the voivodship and announce in the voivodship the official journal, not later than 31 March each year.
3. The notice referred to in paragraph 1. 2, provides the basis for the determination of the payment for the stay at the home of social assistance from the following month following the month in which it was published. Until then, the payment of the stay at home of social assistance shall be determined on the basis of the notice of the previous year.
4. In the home of social assistance, which started the activity, the average monthly cost of living of the resident shall be determined in the amount of the average voivodship amount of the average cost of living in the homes of social assistance of a given type.
5. In order to determine the average monthly cost of living in the home of social assistance, which was not conducted throughout the calendar year, the amount of the costs of the house activity resulting from the maintenance of the residents from the previous year is divided by the number months of the year after the month of issuance of the permit to house the house.
Article 61. [ Height of the stay at home of social assistance] 1. The obligation to pay a fee for the stay at the home of social assistance shall be in order:
1) a resident of the house, and in the case of minors a statutory representative from the income of the child,
2) the spouse, the trickery before the preliminary,
3) the municipality, from which the person was referred to the social assistance home
-the persons and municipality referred to in points 2 and 3 shall not be obliged to pay the fees if the resident is fully repaid.
2. The payment for the stay at the home of social assistance shall contribute:
1) a resident of the house, but not more than 70% of his income, and in the case of minors a statutory representative from the income of the child, not more than 70% of that income;
2) the spouse, the descendants before the preliminary-in accordance with the contract concluded in the art mode. 103 (1) 2:
(a) in the case of a non-hosting person, if the income is higher than 300% of the income criterion of the person holding the person, but the amount of the income remaining after the payment of the charge may not be less than 300% of that criterion,
(b) in the case of a person in the family, if the income held per person is higher than 300% of the income criterion per person in the family, with the result that the amount of income remaining after the payment of the fee may not be less than 300% of the income criterion per person in the family;
3) the municipality, from which the person was referred to the social assistance home-at the height of the difference between the average cost of living at home of social assistance and the fees paid by the persons referred to in points 1 and 2.
2a. The payment for the stay at home of social assistance may bring persons not mentioned in the mouth. 2.
2b. In the case referred to in paragraph. 2a, the municipality pays a fee of the difference between the average cost of living in the home of social assistance and the fees paid by the persons referred to in the paragraph. 1 (1) and (2) and (2) 2a.
2c. In the case referred to in paragraph. 2a, art. 103 (1) 2 shall apply mutatis mutandis.
3. In the event of failure of the persons referred to in paragraph. 2 points 1, 2 and 2a, from the obligation to pay for the stay at the home of social assistance, those surrotable fees shall be paid by the municipality from which the person was referred to the social assistance home. The municipality shall have the right to seek reimbursement of the expenditure incurred for that purpose.
4. The income of a resident of a house undertaking the work of therapeutic or rehabilitation work or a participant in a class of occupational therapy, which is the basis for the calculation of the fee, shall be reduced by 50% of the amount received for the remuneration for that purpose. the work or the amount corresponding to the amount of the allowance paid for participation in those workshops.
Article 62. [ Charges of residents of the social assistance house] 1. The house of the house shall pay a fee to the register of the house or to its bank account. With his permission, the fee may be deducted:
1) from the pension or pension of the dwellers of the house-by the competent pension authority, in accordance with the separate provisions;
2) with the allowance of the permanent resident of the house-by the centre of social assistance making the payment of the benefit; the charge for the residence of the social assistance centre shall be transferred to the bank account of the house of social assistance.
2. The persons referred to in art. 61 (1) 1 point 2 and paragraph. 2a, they shall pay the fee determined in accordance with the art. 61 (1) Article 2 (2) and (2) 2c to the cash register or to the bank account of the municipality from which the resident of the house was directed; a fee of this municipality together with the fee referred to in art. 61 (1) 2 point 3, it shall transfer to the bank account of the relevant social assistance home.
3. The fees referred to in paragraph. 2, dedicate itself to maintaining the house of social assistance.
Article 63. [ Exclusions from the payment of fees in absence] 1. The resident of the house, as well as another person obliged to pay for the stay at the home of social assistance, if the resident of the house is staying with that person, shall not bear the fees for the period of absence of the house's resident not exceeding 21 days per calendar year.
2. In the case of a minor resident of the house, no fee shall be paid on his income and income of the persons obliged to pay the fee during his absence not exceeding 70 days in the calendar year, if he is staying in the family house at that time.
Article 64. [ Other reasons for exemption from payment of fees] Applicants for a stay at the home of social assistance may be exempted, at their request, in part or in full from that charge, in particular if:
1) pay a fee for the stay of other members of the family at the home of social assistance, support centre or other facility;
2) there are justified circumstances, especially the long term illness, unemployment, disability, death of a family member, material damage resulting from natural disaster or other random events;
(3) the spouses, the descendants, the initial claims of one benefit or the remuneration;
4) the person obliged to pay the fee is pregnant or alone educates the child.
Article 65. [ Exemption of application of the law] 1. To the houses of social assistance carried out by non-public entities referred to in art. 57 (1) 1 points 2 to 4, if they are not carried out at the request of the body of a local government unit, no Article shall apply. 59-64.
2. In the absence of places in the home of social assistance with a municipal or district communal reach, the municipality may direct those requiring the home of social assistance, which is not carried out on behalf of the mayor (mayor, president of the city) or starosty. In that case, the provisions of Article 4 (1) 61-64, with the fact that the amount of the stay fee in such a house is determined by the contract concluded by the municipality with the operator of the house.
Article 66. [ Determination of fees for the stay at home of social assistance with municipal coverage] The municipal council may specify, by way of a resolution, for the persons referred to in art. 61 (1) 1 (1) and (2) and (2) 2a, more favourable conditions for the setting of fees for the stay at home of social assistance with municipal coverage, partial or total exemption from these fees, reimbursement of receivables for the period of the person's absence at home.
Chapter 3
Economic activities of the establishment providing 24-hour care to disabled persons, chronically ill or elderly
Article 67. [ Permit to operate a specialised facility] 1. The economic activity of the establishment of a facility providing 24-hour care to persons with disabilities, chronically ill or the elderly may be carried out after obtaining the permission of the voyeurst.
2. The Wojewoda shall issue an authorisation if the entity does not appear:
1) meets the conditions set out in this Act;
2) meets the standards referred to in art. 68;
3) present:
(a) an application for authorisation,
(b) documents proving the legal title to the property on which the house is situated.
(c) a certificate from the competent authority confirming that the facility referred to in category XI of the Annex to the Act of 7 July 1994 may be used. -Building law (Dz. U. 2006 r. Nr 156, pos. 1118, as of late. zm.),
(d) the concept of establishment,
(e) information on the way the establishment is financed and not due to the payment of the tax office and the contributions to the Social Insurance Institution,
(f) information from the National Penal Register on the impunity of the person who will be directing the facility, and attestations that, due to the state of health, it is capable of conducting the facility.
3. The wojewoda shall keep a register of the establishments referred to in paragraph. 1. The register is overt.
4. The Minister responsible for social security shall determine, by means of a regulation, the procedure for dealing with issues relating to the issue and withdrawal of authorisations for the pursuit of economic activities in the field of establishment of an establishment providing for daily care for the disabled, the chronically ill or the elderly and the model of the application for authorisation, taking into account the need to ensure proper care for those who are in such establishments.
Article 68. [ Way of providing services at the facility] 1. A care in a facility providing round-the-clock care to disabled persons, chronically ill or the elderly consists in providing services around the clock:
1) caring for providing:
(a) the provision of assistance in basic life-activities,
(b) cultivating, including nursing during illness,
(c) hygienic care,
(d) the necessary assistance in dealing with personal matters,
(e) contacts with the environment;
2) bulls providing:
(a) whereabouts
(b) catering,
(c) keeping clean.
2. The manner of the provision of services should take into account the state of health, physical and intellectual efficiency and individual needs and abilities of the person present in the facility as well as human rights, including in particular the right to dignity, freedom, intimacy and sense of security.
3. The care services shall provide:
1) assistance in the activities of everyday life, where necessary assistance in dressing up, eating, washing and bathing;
2) the organization of leisure time;
3) aid in the purchase of clothing and footwear;
4) care for the disease and assistance in the use of health care benefits.
4. The place of stay should meet the following conditions:
1) the building and its surroundings-without architectural barriers;
2) in multi-storey buildings without elevators-living rooms situated on the ground floor;
3) living rooms-not more than triples, except that:
(a) single room-not less than 9 m 2 ,
(b) double and triple room-with an area of not less than 6 m 2 per person,
c) living rooms-equipped with bed or sofa, wardrobe, table, chairs and bedside table for each person,
(d) the living room shall be regarded as meeting the required standard referred to in point (s). a and b if the deviation from the required area is not greater than 5%.
4a. If the room occupying only the occupants can be a quadruple, and its surface must not be less than 6 m 2 per person. A room shall be considered to meet the required standard if the deviation from the required area is not greater than 5%.
5. The office referred to in paragraph 1. 1, shall have:
1) a living room serving as a dining room;
2. auxiliary room for washing and drying;
3) one bathroom for not more than five people and one toilet for not more than four persons, equipped with handles facilitating the less efficient use of these premises, with that if the number of persons lying exceeds 50% of the total number of persons residents, a 25% reduction in the number of such premises is allowed.
5a. Placings located in buildings entered in the register of monuments are required to meet the conditions referred to in the paragraph. 4 and 5, to the extent that it does not violate the provisions of the Act of 23 July 2003. about the protection of monuments and the care of the monuments (Dz. U. Nr 162, pos. 1568, as of late. zm.).
6. The office referred to in paragraph 1. 1, it shall ensure that:
1) at least 3 meals a day, including dietetic meals, as indicated by the doctor;
2) a break between meals not less than 4 hours, the last meal should not be given earlier than at 18 o'clock;
3) access to small meals and drinks between meals;
4) the possibility of eating meals in the living room, if necessary feeding;
5) personal hygiene measures, cleanliness, toilet utensils and other items necessary for personal hygiene;
6) cleaning up the premises, where necessary, not less than once a day.
Article 68a. [ Obligations of the operator providing 24-hour care to persons with disabilities] The operator of the facility providing 24-hour care for the disabled, the chronically ill or to the elderly is required:
1) carry out detailed documentation of the persons staying at the facility, containing:
(a) an agreement for the provision of services at the facility,
(b) identification details of persons staying at the facility, such as: name, place of residence, PESEL number or document number confirming the person's identity in the absence of a PESEL number,
(c) the name of the legal guardian or probation officer of the person in the establishment, if any,
(d) information on the health status of the occupant, in particular:
-information on the decisions issued,
-medical advice,
-records of the use of health care services at the premises, with an indication of the date and extent of those benefits and the data of the healthcare provider,
-records of cases of use at the premises of a direct coercive office, with an indication of the date and extent of that measure,
(e) contact details, such as the address of residence and the telephone number of the nearest family, legal guardian or other persons designated by the person in the establishment;
2) place in a visible place on the building in which it operates the facility, an information board containing information on the type of permit and the number of the entry in the register of establishments providing round-the-clock care for the disabled, chronically Patients or elderly patients
3) place on the bulletin board located in a visible place in the building in which it operates the facility, information concerning:
(a) the range of activities carried out in the facility
(b) the operator of the establishment, including information on the premises or the place of residence of the entity.
Article 69. [ Delegations] 1. In the case of conduct by the entities referred to in art. 57 (1) Article 1 (2), in the framework of the statutory activities, of establishments providing 24-hour care to persons with disabilities, chronically ill or elderly, shall be subject to the application of Article 1 (1) (a) of the Statute. 67 par. 1-3, art. 68 and art. 68a.
2. The Minister responsible for social security shall determine, by means of a regulation, the procedure for dealing with the issue and withdrawal of authorisations for the provision of 24-hour care for disabled persons, chronic If you are elderly or elderly people and apply for a permit, taking into account the need to ensure proper care for those who are in such establishments.
Chapter 4
Assistance to the dependent persons
Article 70. (repealed).
Article 71. (repealed).
Article 72. (repealed).
Article 73. (repealed).
Article 74. (repealed).
Article 75. (repealed).
Article 76. (repealed).
Article 77. (repealed).
Article 78. (repealed).
Art. 78a. (repealed).
Article 78b. (repealed).
Article 78c. (repealed).
Art. 78d. (repealed).
Article 79. (repealed).
Article 80. (repealed).
Art. 80a. (repealed).
Article 81. (repealed).
Article 82. (repealed).
Article 83. (repealed).
Article 84. (repealed).
Article 85. (repealed).
Article 85a. (repealed).
Article 85b. (repealed).
Article 85c. (repealed).
Article 85d. (repealed).
Art. 85e. (repealed).
Article 85f. (repealed).
Article 86. (repealed).
Art. 86a. (repealed).
Article 87. (repealed).
Article 87a. (repealed).
Article 88. [ Assistance for the person leaving the care and care centre] 1. Person of age leaving the home of social assistance for children and young people with intellectual disabilities, home for mothers with minor children and pregnant women and a hostel for minors, correctional facility, special school-educational centre, A special educational centre, a youth centre of sociotherapy, providing 24-hour care and a youth educational centre, hereinafter referred to as 'the Dependent Person', shall be assisted with a view to its life-making and integration with the the environment through social work, as well as aid:
1) monetary on the system of independence;
2) money to continue learning;
3) in obtaining the appropriate housing conditions, including in a protected apartment;
4. in obtaining employment;
5) to be used in the form of a kind of thing.
2. The aid referred to in paragraph 2. 1, shall be entitled to a dependent person, where a round-the-clock stay for a social assistance home, a special education and training centre, a special educational centre or a youth centre for social counseling, shall be entitled to a 24-hour care has been based on a court ruling.
3. Assistance in monetary assistance and monetary assistance for the continuation of the education shall be entitled to a person who has been at the home of social assistance, a child shelter, a correctional facility, a special education and training centre, a special centre education, a youth sociotherapy centre providing 24-hour care or a youth educational centre for at least one year.
4. The aid referred to in paragraph 1 1, shall be entitled to a dependent person leaving the house of social assistance, a special education and training centre or a special educational centre where that person is capable of being self-existent.
5. The aid referred to in paragraph 5. 1, shall be entitled to a person leaving the house for mothers with minor children and pregnant women if, immediately prior to the admission to such a house, she was at least a year in the foster family, the child's family home, the care and parental care facility, A regional care and therapeutic facility, at home for social assistance, in a juvenile shelter, in a correctional facility, in a special education and training centre, in a special educational centre, in the youth centre of sociotherapy. 24-hour care, or in a youth educational centre.
6. The condition for obtaining the aid referred to in paragraph 1. 1, there is a commitment of a person who is self-dependent to implement an individual programme of empowerment, developed jointly with the custodial care worker, approved by the district manager of the assistance centre of the family.
7. In the implementation of the individual programme of independence, the dependent person supports the care of the dependent person, who can be a social worker of the district assistance centre, educator, psychologist or social worker of the social assistance house, underage shelters, a correctional facility, a special education and training centre, a special educational centre, a youth sociotherapy centre providing round-the-clock care, a youth educational centre, or another person as indicated by the self-dependent person.
Article 89. [ monetary aid for self-reliance and continuing education] 1. The amount of the monetary assistance to continue the science and the monetary assistance for the self-reliance and the value of the development aid in kind shall be determined from the amount of 1647 PLN, hereinafter referred to as the "basis".
2. Cash aid for the continuation of the study of 30% of the base a month shall be entitled to a dependent person continuing their education in a secondary school, a secondary school, a secondary school or in a higher school.
3. The aid referred to in paragraph 1. 2, shall be granted for the duration of the study, until the time of its completion, but no longer than to be completed by a person who is 25 years old.
4. (repealed).
5. The payment of monetary assistance and monetary assistance for the continuation of the study shall be granted to a person who is a member of the person:
(1) a single-holding, whose income does not exceed 200% of the income criterion of a person who is a non-economic person;
2) in a family in which the income per person does not exceed 200% of the amount of the income criterion per person in the family.
6. In the event of a dependent person continuing to study, monetary assistance shall be paid on the basis of the completion of the study. In justified cases, old-age may pay monetary assistance for independence in the course of the course of the study.
(7) The granting of monetary assistance for the purposes of monetary and monetary assistance to continue learning may be refused where:
(1) there is a reasonable presuming that the cash aid will be used not in accordance with the purpose for which it was granted;
2) a person who is self-dependent before reaching the age of age has left the voluntary home of social assistance for children and young people with intellectual disabilities, a home for mothers with young children and pregnant women or a child shelter, establishment correcting, special education and training centre, a special educational centre, a youth centre of socio-therapy, providing round-the-clock care or a youth centre for education;
(3) a person who is dependent on his or her own will give up his or her vocational training and does not take up employment;
4) the person who is self-dependent will give up his job and abrogates himself from taking the proposed job;
5) a person who is independent has been convicted by a final sentence for committing a crime of intentional fault.
8. The monetary assistance for the continuation of the study shall cease to be provided when the person is self-dependent:
1) continue the tuition at a secondary school, a secondary school or a higher school, which provides unpaid tuition and free of charge, or
(2) without justified reasons, it has changed three times to the same level of school or higher education as referred to in point 1.
(9) A monetary assistance for a self-reliance and a monetary assistance to continue learning may be suspended where:
1) there have been particular circumstances in relation to the course of science, the state of health or the random event concerning the person of the dependent person;
2) there has been a break in the continuation of the study by a self-dependent person in the period between the completion of the lower secondary school and the beginning of the higher education cycle;
3. a waste of the aid granted shall be established;
(4) The self-reliant person does not implement the programme of self-reliance.
(10) The monetary assistance for the independence and the financial assistance for the continuation of the study shall be suspended where criminal proceedings have been initiated against a person subject to a criminal offence, by a public prosecution, until the final date of termination of the law. proceedings.
(11) If, after the lapse of the period of suspension of monetary assistance and the monetary assistance to continue learning, the reason for the suspension of the monetary assistance has not subsided, the grant of the aid shall be refused.
Article 90. [ Entities providing assistance] 1. The monetary assistance for the independence and the monetary assistance for continuing the study shall be granted the starosta of the district competent for the place of residence of the child before the referral to the facility referred to in art. 88 ust. 1.
2. Assistance in obtaining appropriate housing conditions, including in a protected apartment, in obtaining employment, and on the development of a property in kind shall be provided by an old-age competent due to the place of settlement of the dependent person.
3. A dependent person residing in a protected apartment shall be obliged to bear the partial costs of living of the dwelling in proportion to their income. In justified cases, the starosta may exempt it from the payment of fees.
4. The Minister responsible for Social Security in consultation with the Minister of Justice shall determine, by means of a regulation:
(1) the conditions and mode of granting of monetary assistance for the purposes of the provision of monetary and financial assistance for the continuation of the study, the amount of the aid and the value and components of the management aid;
2) the preparation and implementation of the individual programme of self-empowerment and the task of self-empowerment, taking into account the need for individual work with a dependent person;
3) the mode of suspending the assistance on self-reliance and monetary assistance to continue learning.
Art. 90a. [ Increase of aid] 1. The district council may, by way of a resolution, increase the amount of money aid for the continuation of the study and its independence and the value of the management aid.
2. The increase in the amount of the aid referred to in paragraph 2. 1, may be differentiated and subject to the fulfilment of additional conditions laid down in the resolution of the district council.
Chapter 5
Integration of foreigners who have obtained in the Republic of Poland the refugee status or supplemental protection
Article 91. [ Application for assistance to the foreigner] 1. The foreigner who has obtained in the Republic of Poland refugee status or subsidiary protection, hereinafter referred to in this chapter "foreigner", shall be granted assistance designed to support the process of his integration, hereinafter referred to as " the assistance for foreigner ".
2. The aid to the foreigner grants the starosta competent due to the place of residence of the foreigner.
3. The aid to the foreigner shall be granted upon request of the foreigner made to the starost, through the district assistance centre of the family, within 60 days from the date of obtaining by him in the Republic of Poland the status of refugee or subsidiary protection.
4. The application shall include the minor children of the foreigner and his spouse, if they have obtained in the Republic of Poland the refugee status or subsidiary protection.
5. The application shall contain:
1) a written declaration of the intention to reside on the territory of the specified voivodship;
2) a written statement that with a similar request the foreigner did not turn to the area of another voivodship;
3) a written statement of readiness of accession to the agreed integration programme.
6. In the case of a foreigner who has obtained a refugee status in the Republic of Poland, the application shall be accompanied by copies:
1) the decision to grant refugee status;
2. the travel document provided for in the Geneva Convention;
3) the residence card issued in connection with the granting of refugee status.
7. In the case of a foreigner who has obtained in the Republic of Poland supplemental protection, the application shall be accompanied by copies:
1) the decision to refuse to grant the refugee status, in which the foreigner has been granted subsidiary protection;
2) the residence card issued in connection with the granting of subsidiary protection.
8. The foreigner shall attach to the application also other documents in his possession, which may assist in the development of the integration programme.
9. The aid to the foreigner shall be entitled from the calendar month in which the foreigner submitted the application.
10. Assistance to a foreigner staying at a centre for foreigners applying for a refugee status shall be entitled starting from the calendar month in which the foreigner has left the centre.
11. The aid to a foreigner shall not be entitled to a foreigner who is a spouse of a Polish citizen.
Article 91a. [ Help for a minor foreigner] 1. The aid of a minor to a foreigner residing in the territory of the Republic of Poland without a statutory representative, who has obtained in the Republic of Poland refugee status or subsidiary protection, provides an old-age competent due to the the place of stay of the minor.
2. The director of a care and care facility or a regional care and therapeutic facility, referred to in the rules on the promotion of the family and the system of foster care, shall notify the competent court of care of the granting of assistance to the minor the foreigner referred to in para. 1.
Article 92. [ Scope of aid to foreigner] 1. The aid to the foreigner shall be granted for a period of not more than 12 months and shall include:
1) cash benefits in the amount from PLN 446 up to PLN 1,175 per month per person earmarked for:
(a) to maintain, in particular to cover expenditure on food, clothing, footwear, personal hygiene measures and housing fees,
(b) the payment of expenditure relating to the Polish language learning;
2) the payment of the contribution to the health insurance as set out in the Act of 27 August 2004. on health care services financed from public funds (Dz. U. of 2008 Nr 164, pos. 1027, of late. zm.);
3. social work;
4) specialist counselling, including legal, psychological and family counselling;
5. to provide information and support in dealing with other institutions, in particular with the labour market institutions, the local environment and non-governmental organisations;
6) other activities supporting the process of integration of the foreigner.
2. The Minister competent for education and education, in agreement with the Minister responsible for Social Security, will determine, by way of regulation, framework programmes of courses of Polish language learning for foreigners, taking into account cultural differences between different groups of foreigners.
3. The expenditure referred to in paragraph 3. 1 point 1 may be covered in agreement with the foreigner directly through the district assistance centre of the family.
Article 93. [ Individual Integration Programme] 1. The aid for a foreigner shall be implemented within the framework of an individual integration programme agreed between the district assistance centre of the family and a foreigner determining the amount, scope and form of assistance, depending on the individual life situation the foreigner and his family, and the obligations:
1) the district assistance centre to the family to:
(a) the provision of information to the foreigner concerning the assistance specified in the programme and the conditions for its suspension or refusal,
b) interacting with the foreigner and supporting it in dealing with the local environment, including the establishment of contact with the foreigner competent for the place of social assistance,
(c) aid in obtaining residence, including as far as possible in a protected apartment,
(d) carrying out social work with a foreigner
e) other agreed with the foreigner of the actions resulting from the individual's personal situation of the foreigner,
(f) the indication of the employee, hereinafter referred to as "the programme", agreeing with the foreigner and supporting the foreigner during the period of implementation of the programme;
2) foreigner to:
(a) check-in at the place of residence,
(b) to enroll in the district labour office within the time limit set in the programme and to actively seek work,
(c) the compulsory participation in the courses of the Polish language, where appropriate,
(d) co-operation and contact with the programme's implementation within the agreed time limits, but not less than 2 times a month,
(e) other actions agreed with the implementation of the programme of actions resulting from the individual situation of life,
(f) compliance with commitments entered into in the programme
2. The district assistance centre is transferred to the foreigner, agreed with the foreigner, with the expected costs of its implementation.
3. The wojewoda after acceptance of the submitted programme shall transfer the funds for its implementation.
Article 94. [ Amendment of the foreigner's residence] 1. The district assistance centre of the family is working with the right water and the municipality to assist the foreigner in obtaining residence, taking into account as far as possible the choice of the place of residence made by the foreigner.
2. The foreigner resides in the place indicated by the wojewater acting on this matter in agreement with the district assistance centre of the family and the municipality.
3. Resignation by a foreigner from the indicated place of residence within the boundaries of a given voivodship during the period of 12 months of the individual program means the foreigner's resignation from the implementation of the
4. The change of residence by a foreigner within the period of 12 months of the duration of an individual programme shall be allowed in particularly justified cases, in particular:
1) to work with the possibility of residence in the area of another district;
2) obtain an apartment on the territory of another district;
3) to join the families of foreigners, if there is a possibility of common residence;
4) the need to provide specialist treatment, requiring a change of residence of a foreigner or a member of his family.
5. In the event of the existence of the circumstances referred to in paragraph. 4, the foreigner is obliged to submit in the district assistance centre to the family realizing the program a statement and documents confirming the situation.
6. In case of change of the place of residence the implementation of the program takes over the district competent due to the new residence of the foreigner.
7. Where the change of residence is connected with the change of the district within the same voivodship, the starosta competent due to the current residence of the foreigner gives notice to the internship competent due to the new place the foreigner's residence and the programme shall be transmitted, and shall inform the competent water of that programme accordingly.
8. Where the change of the place of residence of the foreigner is connected with the change of the voivodship, the starosta competent due to the current place of residence of the foreigner shall inform the relevant voivodship.
Article 95. [ Cessation of aid for foreigner] 1. The aid to a foreigner may be withheld in the case of:
1) the persistent, failed non-performance by the foreigner of the obligations enacted in the programme, including an unjustified absence on the courses of the Polish language learning-for up to 30 days;
2) the use of the aid in a way incompatible with the purpose for which it was granted-for a period of up to 30 days;
3) the provision by a foreigner of untrue information about his life situation-until an explanation of the circumstances of the provision of such information;
4) the passage of 30 days of the foreigner's stay in the health care facility-until he leaves the establishment;
5) to initiate criminal proceedings against the foreigner-until the final proceedings are terminated.
2. The director of the programme shall request the manager of the aid centre to restore the aid withheld as soon as possible after the information on the cessation of aid has been taken into consideration.
3. Where, after the expiry of the period of the cessation of the aid, the reasons referred to in paragraph 1 have not been established. 1, the aid shall be refused.
(4) The grant of aid shall also be refused where:
1. the foreigner, for whom the aid has previously been withheld, shall again be permitted to act as referred to in paragraph 1. 1 points 1 to 3;
2) the foreigner has been convicted by a final judgment of the court for a criminal offence committed intentionally;
3) the foreigner has been deprived of refugee status or revoked his subsidiary protection.
5. The Minister responsible for social security shall determine, by means of a regulation:
1) the responsibilities of the district assistance centre to the family connected with the preparation of an individual integration programme,
2) the amount of cash benefits for foreigners with refugee status or subsidiary protection in order to support the process of their integration and the deadline for their payment,
3) types of documents and statements confirming the necessity of change by foreigners of the place of residence during the period of the individual integration programme,
4) methods and ways to monitor the progress of foreigners in their integration, suitable for the achievement of integration goals
-having regard to the personal situation and the needs of the foreigner and his family and the number of family members.
Chapter 6
Rules for payment for benefits
Article 96. [ Obligation to reimbursement of expenditure incurred on social assistance] 1. The obligation to reimburses the expenditure incurred on the benefits of social assistance rests with:
1) a person and a family who benefits from social assistance;
2) the heirs of a person who has benefited from social assistance benefits-from a succession mass;
(3) the spouse, descendants of the person who benefits from social assistance, only if the expenditure has not been reimbursed in accordance with points 1 and 2, as provided for in the decision for the person or family benefiting from the benefits in respect of the benefits of the social assistance.
2. Expenditure on services, physical assistance, welfare benefits, periodic allowances and special benefits granted on condition of return shall be repaid in part or in whole if the income per person in the family of the person liable for reimbursement is reimbursed. expenditure exceeds the amount of the income criterion.
3. In the case of covering the costs of burial by the municipality, the expenses incurred shall be reimbursed by the mass of the inheritance, if, after the person deceased, there is no funeral allowance.
4. The municipal council shall specify, by way of a resolution, the rules for reimbursement of expenses for the social assistance referred to in paragraph 1. 2, which is in the field of own tasks.
Article 97. [ Fee for the stay in the support centres and protected apartments] 1. The payment for the stay in the centres of support and protected dwellings shall be determined by the operator in agreement with the manager, taking into account the scope of the service. Persons shall not be charged if the income of a person who is a householder or an income per person in a family does not exceed the amount of the income criterion.
2. The payment for the stay at home for mothers with minor children and pregnant women shall be determined by the operator and in the case of houses carried out by rightiers-the entity contracting the task, having regard to the conditions of stay, in particular the scope of the granted the services and duties of the person in the house.
3. The difference between the fixed fee, incurred by the person for the stay at home, and the average monthly cost of living at home for mothers with minor children and pregnant women shall be borne by the municipality appropriate due to the place of residence of the person staying at home.
4. For the determination of the average monthly cost of living at home for mothers with minor children and pregnant women, the provisions on the average monthly cost of living at the home of social assistance shall apply accordingly.
5. The district council or the council of the municipality by way of a resolution shall determine, as regards its own tasks, the detailed rules for the payment of the payment for the stay in the support centres and protected apartments.
Article 98. [ Reimbursement of unpaid benefits collected] Benefits unduly levied shall be reimbursed from the person or family benefiting from social assistance, irrespective of the income of the family. Article 104 (1) 4 shall apply mutatis mutandis.
Article 99. [ Deduction of benefits paid] 1. The person who has been granted a pension for the period for which the permanent or periodic allowance has been paid, the Social Insurance Institution and other pension bodies, who have granted a pension, shall pay this benefit less the amount of the amount corresponding to the amount of the allowances paid for that period, and transfer those amounts to the bank account of the relevant social assistance centre.
2. In the case of an interim benefit granted to the family, the benefit shall be reduced by the proportion of the amount for that person who has been granted a pension.
3. The amount of the reduction referred to in paragraph 3. 1, may not be higher than the amount of the pension or pension awarded for that period.
Chapter 7
Treatment of benefits from social assistance
Article 100. [ Scope of Procedure for Social Assistance Benefits] 1. In the proceedings on social assistance benefits, it is necessary to address, first of all, the selection of persons enjoying social assistance and the protection of their personal goods. In particular, the names of persons benefiting from social assistance and the nature and extent of the benefit shall not be disclosed to the public.
2. To the extent necessary to grant and award benefits from social assistance, the data of applicants and beneficiaries of such benefits may be processed: ethnic origin, health status, addictions, convictions, punishment decisions, and also other judgments handed down in judicial or administrative proceedings.
Article 101. [ Jurisdiction of the municipality for the applicant for the benefit] 1. The local property of the municipality shall be determined according to the place of residence of the applicant.
2. In the case of a homeless person, the municipality of the last place of the permanent residence of that person shall be the appropriate locality.
3. In cases of particularly justified circumstances, the personal situation of the applicant for the benefit, in the cases of impressing delay and in the cases of foreigners who have been granted the consent for tolerated stay, and foreigners referred to in art. 5a, the competent local area is the municipality of the applicant for the benefit.
4. In the cases referred to in paragraph. 3, the benefits listed in Article may be granted. 37-42 and 47-50.
5. To grant benefits at the place of stay shall not apply the amounts of the income criteria raised in accordance with art. 8 ust. 2.
6. The municipality, which sent it to the home of social assistance, is the owner of the house.
7. The municipality competent for the place of residence or on the last place of residence for permanent residence is obliged to reimburze the expenses of the municipality, which granted the benefits in the place of stay.
Article 102. [ Forms of social assistance] 1. The benefits of social assistance shall be provided at the request of the person concerned, her statutory representative or other person, with the consent of the person concerned or her statutory representative.
2. Social assistance may be granted ex officio.
Article 103. [ Determination of the fee by the head of the social assistance centre] 1. The head of the social assistance centre and the manager of the district assistance centre may, by contract, establish with the spouse, the descending or preliminary amount of the assistance provided by them to the person applying for the benefit. In this case, no Article shall be applied. 96 (1) 1 point 3.
2. The head of the social assistance centre shall, by means of a contract with the spouse, determine the amount of the person's contributions for the stay of that inhabitant at the home of the social assistance, taking into account the amount of the income and the possibilities, by the head of the social assistance centre, where one of the persons is exempt from payment by law or for the reasons referred to in Article 64.
Article 104. [ Downloading unduly paid amounts receivable from social assistance expenditure] 1. Claims arising from the expenses on social assistance benefits, on charges laid down by the provisions of the Act and in respect of unduly collected benefits shall be subject to enforcement in the enforcement proceedings in the administration.
2. In the case of having entitlements to cash benefits from social assistance the amount of the undue cash benefits shall be deducted from the current withdrawals.
3. The amount of receivables referred to in paragraph 3. 1, to be reimbursed and the time limits for their reimbursement shall be determined by administrative decision.
4. In cases of particularly justified cases, in particular if the claim for reimbursement of expenses for the benefit granted, for the fees specified in the Act and for the undue payment of the benefits in whole or in part, would constitute for the person obliged an excessive burden, or would not have had the effect of the aid granted, the competent authority which issued the recovery decision referred to in paragraph 1. 1, at the request of a social worker or of the person concerned, may waive the request for such reimbursement, remit the amount of the benefits unduly collected in whole or in part, postpone the payment deadline or spread over the instalment.
5. The claims referred to in paragraph 1 1, the statute of limitations shall expire within 3 years from the date on which the decision fixing the duties has become final.
6. The statute of limitations interrupts the postponement of the due date for the payment of the claim or the reschedules of the debt payments. After the interruption of the limitation period, the limitation period shall run anew from the day following the date fixed as the last day of repayment of the deferred claim, or after the date fixed as the last day of repayment of the last instalment of the duty.
7. There shall not be a decision on the reimbursement of unpaid benefits if more than 10 years have elapsed since the date of their collection.
8. The claims referred to in paragraph 1 1, they are refundable to the bank account of the municipality, the district or the provincial government respectively.
Article 105. [ Downloading unduly downloaded benefits] 1. The courts, bodies and organisational units shall be obliged immediately, but not later than within 7 days, to make available or to grant at the request of a social worker the relevant information which is relevant to the award of the award or the amount of benefit from social assistance.
2. Providing the information collected by the public employment services, which is relevant to the settlement of the award or the amount of social assistance benefits shall be carried out on the basis of the rules laid down in Art. 4 par. 6 and art. 33 (1) 6-9 of the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2008 Nr 69, pos. 415, of late. zm.).
Article 106. [ Form of granting of social assistance benefits] 1. The granting of social assistance benefits shall take place in the form of an administrative decision.
2. The sharing of benefits in the form of crisis intervention, social work, counselling, participation in the classes of self-help club, and the granting of a borrowing ticket does not require an administrative decision.
3. Cash benefits from social assistance shall be granted and paid for the period of the calendar month, starting from the month in which the application was submitted together with the required documentation. Where entitlement to the benefit does not cover a full month, the benefit shall be granted for a partial month and the amount of the benefit shall be determined by dividing the full amount by the number of calendar days of that month and multiplying by the number of days covered by the benefit. certificate.
3a. The change in the income of a person or family during the period of collection of a cash benefit shall not affect the amount of the cash benefit if the amount of the change has not exceeded 10% of the person's income criterion alone the host or income criterion per person in the family.
3b. The change in the income of a person or family during the period of payment of a non-cash payment shall not affect the amount of that repayment if the amount of the change did not exceed 10% of the person's income alone. the host or income criterion per person in the family.
3c. (repealed).
4. Administrative decision granting or refusing to grant the benefit, except for the decision to refuse to grant a loan ticket and a decision in the cases of foreigners referred to in art. 5a, it seems after a family environmental interview.
5. The administrative decision shall be amended or waived to the disadvantage of the party without its consent in the event of a change in the provisions of the law, the change in the income situation or the personal party, the collection of undue benefit, and the decision may be amended or repealed, if the conditions referred to in Article 4 (1) (b) of the 11, 12 and 107 (1) 5. The amendment of the administrative decision in favour of the party does not require its consent.
6. An appeal against the decision on social assistance benefits may be submitted by another person with the consent of the person seeking the benefit.
Article 106a. [ Cessation Of Benefits Payment] 1. If the person entitled does not take cash benefits for two consecutive calendar months, the payment of those benefits shall be withheld and shall initiate the investigation procedure in order to check the reasons for not receiving the benefits.
2. In the case of granting by a person who does not receive cash benefits explanations concerning the reason for not receiving benefits shall be paid to her benefits for the period of suspension of the benefits, if the person meets the conditions set out in the Act.
3. Where the person referred to in paragraph. 1, it is not possible to carry out a family environmental interview and, although correctly provided a call to appear at the social assistance centre in order to make an explanation, the person did not appear within the prescribed period, it is stated, by decision administrative, the expiry of the decision granting the benefit.
Article 107. [ Family-run Environmental Interview] 1. A family environmental interview shall be carried out to determine the personal, family, income and property situation of persons and families, including persons referred to in art. grant of monetary assistance to the provision of monetary assistance and to provide monetary assistance for the continuation of the study.
2. (repealed).
3. A family environmental interview shall be carried out by a social worker, also for the needs of the social assistance business unit from the area of another municipality.
4. In the case of applying for the grant of a benefit from social assistance once again, and when there has been a change in the data contained in the interview, the interview is to be updated. In the case of persons benefiting from fixed forms of aid, the update shall be made at least every 6 months, despite the absence of a change in the data.
5. A social worker carrying out a family environmental interview may request from a person or family applying for assistance to make a declaration of income and property. Refusal to make a declaration shall be the basis for the decision to refuse to grant the benefit.
5a. The statement referred to in paragraph 1. 5, shall be submitted under penalty of criminal responsibility for making false statements, which shall be submitted before the declaration is made.
5b. The personal, family, income and property situation of a person or family shall be determined on the basis of the following documents:
1) the identity card or any other document stating the identity;
2) a shortened copy of the birth certificate of a child or a child's health booklet (for inspection);
3) documents specifying the status of a foreigner in the Republic of Poland;
4) the decision of the competent authority on pensions, pensions, pre-retirement benefits or preretirement benefit;
5. the decision of the committee for invalidity and employment issued before 1 September 1997, the decision of the medical examiner's decision on the incapacity to work, the incapacity for independent existence, the decision of the medical committee;
6) a decision on disability or a decision on the degree of disability;
(7) a certificate or statement on the amount of the employment remuneration containing the information on the amount of the advance payment on personal income tax, the contribution to health insurance, the contributions to the pension insurance and Insured persons who have been insured in the event of a disability pension, who have been insured for sickness benefits in the
8) a certificate or statement of the amount of remuneration obtained under the agency contract, contract contract, contract of work or during the period of membership of the agricultural cooperative production cooperative or cooperative machinery rings (agricultural services), which contains information on the withholding amount of personal income tax, contributions to health insurance, contributions to the pension scheme in part financed by the insured person and contributions to sickness insurance;
9. certificates or statements of employment, including periods for which social security contributions have been paid, and of non-contributory periods;
10) proof of receipt of a pension, a pension, a pension or a pre-retirement pension;
(11) the attestation of the office of the municipality or the declaration of the area of the holding in the hectares of conversion;
12) a certificate or a statement on the continuation of the study in middle school, a secondary school, a secondary school or a higher education school;
13. Old-age decisions on recognition or refusal of recognition as an unemployed person, the loss of the status of an unemployed person, of a grant, refusal to grant, withholding, resuming a payment, and the loss or deprivation of the right to unemployment benefit, the benefit the training, the scholarship, the activation supplement or the statement of remaining in the register of unemployed or job-seekers;
14) the decision of the Social Insurance Institution to establish initial capital;
(15) a certificate or declaration of obligation to pay the social security contribution of the farmers;
16) a certificate or statement on the declared basis of the assessment of social contributions of persons carrying out non-agricultural business activities;
17) the certificates or statements referred to in Article 8 ust. 7 and 8;
(18) a certificate or declaration of income, as referred to in Article 4 (1). 8 ust. 11 and 12;
(19) decisions of the awarding authorities;
20) declarations of property.
5c. The statements referred to in paragraph 1. 5b, Art. 57 (1) 3c shall apply mutatis mutandis.
6. The Minister responsible for social security shall determine, by regulation, the way in which the family environmental intelligence is carried out, taking into account the place and timing of its conduct, the model of the interview questionnaire, taking into account in In particular, the situations in which the individual parts of the interview questionnaire are completed, the pattern of the declaration on the assets and the identity of the social worker, with a view to the reliability of the environmental interview conducted.
Article 108. [ Social Contract] 1. In order to determine how to work together in solving the problems of a person or family in a difficult situation of life, a social worker employed at a social assistance centre or in a district assistance centre can contract social with this person or family, in order to strengthen the activity and self-reliance of life, professional or social exclusion.
2. In the case of the unemployed persons referred to in art. 49 of the Act of 20 April 2004. on the promotion of employment and the labour market institutions, the signing of a social contract under which measures to strengthen the activity of the unemployed person can be made on the basis of referral of the district labour office to the rules laid down in Article 50 par. 3 of the Act of 20 April 2004. on the promotion of employment and labour market institutions.
3. For the person with whom the social contract referred to in paragraph is concluded. 2, the social assistance centre pays a contribution to health insurance in accordance with the rules laid down in the provisions on health care services financed by public funds.
4. The Minister responsible for social security shall determine, by means of a regulation, the model of the social contract, taking into account the individual characteristics of the person signing the social contract.
Article 109. [ Informing the relevant authorities of the change in personal, income and property situations] Persons and families benefiting from social assistance shall be obliged to inform without delay the authority which has granted the benefit of any change in their personal, income and property situation which involves the basis for the award of the benefits.
SECTION III
Organisation of social assistance
Chapter 1
Organisational structure of social assistance
Article 110. [ The performance of social assistance tasks in the municipalities] 1. The tasks of social assistance in the communes perform organizational units-social assistance centres.
2. The commune, carrying out tasks commissioned from the scope of government administration, shall be guided by the findings transmitted by the voivores.
3. The social assistance centre, carrying out tasks of the local community in the field of social assistance, shall be guided by the findings of the mayor (mayor, president of the city).
4. The social assistance centre shall coordinate the implementation of the strategy referred to in art. 17 para. 1 point 1.
5. The head of the social assistance centre may be able to claim maintenance claims for the benefit of citizens. In the proceedings before the court, the provisions on the participation of the prosecutor in civil proceedings shall apply accordingly.
6. The Centre for Social Assistance may direct requests for the establishment of incapacity for work, disability and disability to the authorities defined by separate provisions.
7. Wójt (mayor, president of the city) gives the manager of the social assistance centre an authorisation to issue administrative decisions in individual matters of social assistance belonging to the property of the municipality.
8. The authorisation referred to in paragraph 1. 7, may also be given to another person at the request of the head of the social assistance centre.
9. The head of the social assistance centre shall submit to the municipal council an annual report on the activities of the centre and shall present the needs for social assistance.
10. Council of the municipality, taking into account the needs referred to in the paragraph. 9, develops and directs the implementation of local social assistance programmes.
11. The social assistance centre employs social workers in proportion to the population of the municipality in relation to one social worker at 2 000. residents, however, not less than three employees.
Article 110a. [ The team carrying out social work and social integration tasks] 1. Within the organisational structure of the social assistance centre, a team may be set up to carry out the tasks of that centre in the field of social work and social inclusion.
2. The composition of the panel referred to in paragraph. 1, there are at least three social workers.
3. The composition of the panel referred to in paragraph. 1, other professionals in the field of social inclusion may also enter.
Article 111. [ The creation of organizational units in the municipalities] In order to carry out social assistance tasks, the municipality may also create other organisational units.
Article 112. [ Executing social assistance tasks in counties] 1. The social assistance tasks in the counties are carried out by the organisational units-district assistance centres of the family.
2. The tasks of district assistance centres in the towns within the district's rights are implemented by the urban centres of social assistance, which can be called "urban centres of assistance to the family".
3. The head of the district assistance centre can be given to the citizens of the claim for maintenance claims. In the proceedings before the court, the provisions on the participation of the prosecutor in civil proceedings shall apply accordingly.
4. A family assistance centre may be able to direct requests for the establishment of incapacity for work, disability and disability to the bodies defined by separate regulations.
5. In individual cases of social assistance falling within the scope of the district, administrative decisions shall be issued by the starosta or with his authority, the manager of the district assistance centre and other staff of the centre authorised at the request. manager.
6. (repealed).
7. The district management board employs the managers of the organizational units of social assistance referred to in the mouth. 8, in accordance with the requirements laid down in the Article. 122 (1) 1, after consulting the district manager of the assistance centre of the family or the head of the social assistance centre in the city on the rights of the district.
7a. (repealed).
8. The Starosta, with the assistance of the district assistance centre, supervise the activities of specialised counselling units, including family, as well as support centres, social assistance houses and crisis intervention centres.
9. The district assistance centre shall coordinate the implementation of the strategy referred to in art. 19 point 1.
10. (repealed).
11. (repealed).
12. The Head of the County Assistance Centre shall provide the district council with an annual report on the activities of the Centre and shall provide a list of needs for social assistance.
13. The Council of the District on the basis of the list of needs referred to in paragraph. 12, develop and implement local social assistance programmes.
Article 113. [ Performing social assistance tasks in the voivodships] 1. Social assistance tasks in the local voivodships perform organizational units-regional social policy centres.
2. The Regional Social Policy Centre shall coordinate the implementation of the strategy referred to in art. 21 point 1.
3. The Marshal of the voivodship with the assistance of the Regional Social Policy Centre shall exercise supervision over the subordinate organisational units of social assistance, in particular in the area of financial and administrative matters.
4. Marshal of the voivodship may, grant authorization to the director of the regional social policy centre or at his or her request, other employees of this centre to issue administrative decisions in individual matters of social assistance belonging to the property of the province's self-government.
Article 114. (repealed).
Article 115. [ Subsidies from the State budget] 1. Local government units may receive targeted subsidies from the state budget to subsidise their own tasks in the field of social assistance, with the amount of the grant not allowed to exceed 80% of the costs of carrying out the task, subject to the paragraph. 2.
2. Where the appropriations for the grant referred to in paragraph 2 are subject to the grant referred to in paragraph 1 1, come from government programs, resorts programs, loans referred to in art. 5 par. 1 point 4 (a) d of the Act of 27 August 2009. on public finances (Dz. U. Nr. 157, pos. 1240, with late. zm.), or serve to pay special purpose allowances to cover expenses incurred as a result of a random event, the amount of the grant may exceed 80% of the costs of carrying out the task.
Chapter 2
Social workers
Article 116. [ Requirements for the inclusion of a social worker] 1. A social worker may be a person who meets at least one of the following conditions:
1) has a diploma of completion of the College of Social Services employees;
2) have completed higher education in the course of social work;
3. until 31 December 2013. completed a higher education with a speciality prepared for the profession of a social worker in one of the directions:
(a) pedagogy,
(b) special pedagogy,
(c) polytology.
(d) social policy,
(e) psychology,
(f) sociology,
(g) learning about the family.
1a. The Minister responsible for social security in consultation with the Minister responsible for higher education will determine, by regulation, the required skills, the list of subjects, the minimum dimension of teaching activities and the scope and the apprentices 'apprentices' dimension of apprentices for the profession of social worker, which is carried out in higher education in the fields mentioned in paragraph 1, guided by the necessity of appropriate preparation of graduates to pursue the profession of social worker.
2. The following degrees of professional specialization in the profession of social worker shall be established:
1) and the degree of occupational specialisation in the field of social work, aimed at complementing the knowledge and improving the professional skills of social workers;
2) a second degree of occupational specialization in the field of social work, aimed at deepening knowledge and improving the skills of working with selected groups of people benefiting from social assistance.
3. Training courses in the profession of social worker may carry out vocational training or improvement units after obtaining the consent of the Minister responsible for social security.
Article 117. [ Tasks Of The Central Examination Board] 1. At the minister responsible for social security, the Central Commission for the examination of the degree of professional specialisation of social workers, hereinafter referred to as "the Commission", shall be operated, the members of which shall be appointed by the Minister and shall be referred by the Minister.
2. In connection with the performance of the activities resulting from the mouth. 3 members of the Commission shall be entitled to subsistence allowances and other charges on travel time, as laid down in the provisions concerning the travel arrangements of workers in the territory of the country.
The costs of the Commission's activities, including the remuneration of the members of the Commission, shall be borne by the State budget, of the part of which the Minister responsible for social security is at its disposal.
3. In particular, the tasks of the Commission shall be:
1. carrying out the procedure for the award of professional degrees and the examination for the social workers applying for the second degree of professional specialisation within the time limit set by the Commission and informing the applicants for admission to examination for the second degree of professional specialisation on the date of the examination;
2) giving the second degree of professional specialization;
3) keeping a register of issued diplomas;
4) appointing and cancelling the Chairperson and members of the regional examination committees for the degrees of professional specialization in the profession of a social worker;
5) controlling the work of the regional examination committees and trainers;
6) an opinion of the Minister responsible for the social security of the training programmes in the scope I and II of the degree of specialization in the profession of social worker and to provide information on the resources of the entities referred to in art. 116 (1) 3; opinion of candidates for consultants of diplomatic work on the 2nd degree of specialization referred to in art. 118a (8);
7. presentation of the Minister of Social Security for information on the scope, the course and level of training in the field of specialisation;
8) opinion on the issues of the work of the regional committees;
9) granting a certificate of a social work supervision and keeping the register of issued certificates.
4. For the examination referred to in paragraph. In accordance with Article 3 (1), including the correctional examination, the persons joining the examination shall pay a fee of 10% of the average salary in the national economy in the previous calendar year.
5. The Commission, in the field of the organisation of examinations for the second degree of specialisation in the profession of social worker, cooperates with the organisational unit on which supervision is exercised by the Minister responsible for social security and whose scope of action involves conducting training activities addressed to the social services and institutions operating in the field of social policy.
Article 118. [ Tasks of the Regional Examination Board] 1. At the Marshal's offices there are regional examination committees for the degrees of professional specialisation of social workers, subject to the paragraph. 1a.
1a. The decision of the Marshal of the Regional Examination Board may operate at the regional social policy centre or another subject, the body of which is the self-government of the voivodship.
1b. In connection with the performance of the tasks referred to in paragraph 1. 2, the members of the regional examination committees shall be entitled to allowances and other charges on the journey time, as specified in the rules on professional travel of workers in the territory of the country.
1c. The costs of the activity of the regional examination committees, including the remuneration of the members of the committee, shall be covered by the Marshal's Office, and in the case referred to in the paragraph. 1a, the regional social policy centre or the body of which the local authority is the local authority.
1d. The administrative and technical support of the regional examination board shall be provided by the marshal of the voivodship concerned, and in the case referred to in paragraph 1. 1a, the director of the regional social policy centre, or the head of the other entity, whose authority is the province's local government.
2. The tasks of the Regional Examination Board shall be:
1) conduct the proceedings concerning the transmission of degrees of professional specialization and the examination for the social workers, applying for and the degree of professional specialization;
2) giving and the degree of professional specialization;
3) keeping a register of issued diplomas;
4) the development of information, opinions and conclusions concerning the first degree of professional specialisation for the Commission and for the Minister responsible for social security.
2a. For the examination referred to in paragraph. In accordance with Article 2 (1), including the amendment, the acceding persons shall pay a fee of 10% of the average salary in the national economy in the previous calendar year.
3. (repealed).
Article 118a. [ Delegation] The Minister responsible for Social Security shall determine, by means of a regulation:
1. the mode of appointment and dismissal of members of the Commission and of the regional examination committees and the organisation of the work of the Commission and of the regional examination committees,
2) minimum curricula for specialisations I and II degree in the profession of social worker,
3) specialities applicable to the specialisation of the second degree in the profession of social worker,
4) the procedure for dealing with the degrees of specialization and the issue of diplomas,
5) the models of diplomas for obtaining I and II degree of specialization in the profession of social worker constituting an annex to the regulation,
6) the conditions for obtaining by social workers degrees of professional specialization,
7) the guidelines for diploma work for candidates seeking to obtain the second degree of specialization,
8) requirements for teaching staff training in the field of specialization of I and II degree in the profession of social worker and consultants work of diploma training in the field of 2nd degree specialisation in the profession of social worker,
9) the mode of control referred to in art. 117 par. 3 point 5,
10) the conditions to be met by the entities conducting training in the field of specialization, to ensure an adequate level of training,
11) mode of payment of the payment for the examination for I and II degree of specialization in the profession of social worker,
12) the organisation and manner of conducting the examination for I and II degree of specialization in the profession of social worker,
13) the rules for the selection of the organizational unit referred to in art. 117 par. 5, and the conditions of its cooperation with the Commission in the organization of examinations for the 2nd degree of specialization in the profession of social worker
-having regard to the need to ensure an adequate level of training, an appropriate level of training for social workers to carry out specialist tasks in the field of social work, an appropriate level of service provided by the social workers, unification of the requirements for granting and second degree of professional specialisation in the profession of a social worker, unification of the model for obtaining I and the second degree of professional specialisation in the profession of a social worker, and harmonising the requirements for training and conducting Examination of the I and II level of professional specialization in the profession of social worker.
Article 119. [ Social worker's tasks] 1. The tasks of a social worker shall be in particular:
1. social work;
2) carrying out analysis and assessment of phenomena that cause the need for social assistance benefits and eligibility for these benefits;
3) the provision of information, guidance and assistance in the field of life-solving for persons who, through this assistance, will be able to solve the problems that cause the difficult situation of life themselves; the effective use of the law in the the implementation of these tasks;
(4) assistance in obtaining, for those who are in difficulty in a life situation, advice on the possibility of dealing with problems and the granting of assistance by the competent public authorities, local authorities and non-governmental organisations, and support for the acquisition of aid;
5) the provision of assistance in accordance with the principles of professional ethics;
6) to stimulate social activity and to inspire self-help activities in meeting the necessary needs of life of individuals, families, groups and social backgrounds;
7) cooperation and interaction with other specialists to counteract and reduce the pathology and effects of negative social phenomena, mitigating the effects of poverty;
8. initiating new forms of assistance to persons and families having a difficult life situation and inspiring the establishment of services providing services to improve the situation of such persons and families;
9. to contribute to inspiring, developing, implementing and developing regional and local social assistance programmes aimed at improving the quality of life.
2. In the performance of tasks, a social worker shall be obliged:
1) be guided by the principles of professional ethics;
2) be guided by the principle of the good of persons and families to whom it serves, respect for their dignity and the right of these persons to self-determination;
3) counteract the inhumane and discriminatory practices of a person, family or group;
4. provide persons with full information about their benefits and the forms of assistance available;
5) keep in secret information obtained in the course of professional activities, also after the establishment of the employment, unless it works against the good of the person or family;
6) raise their professional qualifications through participation in trainings and self-education.
Article 120. [ Recruitment of social workers in other institutions] 1. Social workers may also employ other institutions and, in particular, the organisational units competent in matters of employment and countering unemployment, hospitals, and penal establishments, to carry out the tasks of those entities in the field of aid I.
2. Social workers may also be employed in the righteners referred to in art. 25 par. 1.
3. Social workers may also be employed by entities carrying out tasks specified in the rules on supporting family and foster care system.
Article 121. [ Social Worker's entitlements] 1. A social worker shall enjoy the right of priority in the performance of his duties in offices, institutions and other establishments. The authorities shall be obliged to assist the social worker in carrying out these activities.
2. The social worker shall be entitled to legal protection provided for by public officers.
3. A social worker employed in the social assistance centre or in the district assistance centre to the family, whose duties include social work and family environmental interviews, if he has worked uninterrutably, and in fact, at least 5 years shall be entitled once every two years for an additional period of 10 working days in the rest period.
3a. A full-time social worker, who is a full-time social worker, whose primary duties include the provision of social work in the environment, including family life. environmental interviews outside the seat of the unit, shall be entitled to a monthly allowance for remuneration of 250 PLN. In the case of employment in a smaller amount of time, the allowance shall be payable in proportion to the working time.
3b. The social worker shall be entitled to reimbursement of the costs of participation in vocational training courses in the profession of social worker, in the amount of not less than 50% of the training costs.
3c. The social worker, whose duties are to be provided with social work in the environment, shall be entitled to reimbursement of travel expenses from the place of work to the places where he/she is working, in the absence of any possibility of assurance the commutation of the measures at the disposal of the employer.
4. On 21 November, a Social Employee Day shall be set up.
5. The Minister responsible for social security may grant social workers, organisational units of social assistance and entities referred to in art. 25, special awards for outstanding, innovative solutions in the field of social assistance.
6. The Minister responsible for Social Security shall determine, by means of a regulation, the conditions for the award of special prizes, the types of prizes, the entities entitled to report applications and the manner and mode of conduct on these awards, Having regard to the types of actions for which they are entitled, and their social usefulness.
Article 122. [ Requirements for persons directing social assistance organisational units] 1. The persons directing the organizational units of social assistance shall have at least three years of seniority in social assistance and a specialization in the scope of social assistance organizations.
2. The requirements referred to in paragraph 2. 1, do not apply to persons directing family placers.
3. Specialisation training in the scope of the organization of social assistance may carry out training units or professional improvement after obtaining the consent of the minister competent for social security.
4. (repealed).
5. The Minister responsible for Social Security shall determine, by means of a regulation, the minimum programmes for the organisation of social assistance, the entities entitled to carry out specialisations and the requirements concerning them, the mode of transmission to those entities of the authority to conduct specialization, as well as the mode of acquisition of specialization, guided by the need to ensure the efficiency and effectiveness of the business units of social assistance.
Article 123. [ Applicability of the rules on local workers] The rights and obligations of workers employed in local bodies of social assistance shall be governed by the rules on local workers.
Article 123a. (repealed).
Chapter 3
Social Assistance Council
Article 124. [ The scope of action of the Council of Social Assistance] 1. The Minister responsible for Social Security shall act as an advisory and advisory body on social assistance matters.
2. The scope of action of the Social Council shall be:
1) the opinion of draft legislative acts and the initiation of amendments to the provisions of the law on social assistance;
2) preparing expert reports on selected areas of social assistance;
3. presentation of the Minister responsible for the social security of periodic information on his activities;
4) adopt and give an opinion to the Minister responsible for Social Security of applications for special awards for outstanding achievements in social assistance.
Article 125. [ Composition of the Council] 1. The Social Assistance Council shall consist of no more than 20 persons representing the organisational units of social assistance, local government units, voters, social and professional organisations, churches and other religious associations and the environment scientific.
2. Representatives of local government units to participate in the work of the Social Assistance Council recommend the Joint Government and Local Government Commission.
3. The members of the Social Assistance Council, among the representatives referred to in the paragraph. 1, appoints the Minister responsible for social security for a period of 3 years.
4. The members of the Council of Social Assistance shall act as socially responsible.
(5) Members of the Council of Social Assistance shall benefit from redundancies in order to participate in the meetings of the Council and shall be entitled to reimbursement of the costs of the delegation from the budget of the Minister responsible for social security.
6. Costs associated with the support of the Social Assistance Council shall be covered by the budget of the Minister responsible for social security matters.
7. The Social Assistance Council may, with the consent of the Minister responsible for social security, invite experts and other non-members to cooperate with them. Paragraph 1 shall apply mutatis mutandis to the participation of persons invited to the meetings of the Council. 5.
8. The Minister responsible for Social Security shall determine, by means of regulations, the modalities for the notification of candidates to members of the Social Assistance Council, the organisation and the procedure of action of the Council of Social Assistance, taking into account the principle of collegiality and Subsidiarity and proportionality.
Chapter 4
Supervision and control
Article 126. [ The powers of the charitable relating to the conduct of the conduct] The wojewoda in connection with the supervision and control proceedings shall have the right to:
1) requests for information, documents and data, necessary for supervision and control;
2) free access during the day to the premises and premises of the controlled unit;
3) carry out the visual inspection of the objects, the assets of the controlled entity and the course of specific activities covered by the applicable standard;
4) requests from the employees of the audited entity of information in oral and written form in the scope of the inspection carried out;
5) the calling and interrogating of witnesses;
6) call for the opinion of experts and specialists in the field of social assistance.
Article 127. [ Entities conducting the proceedings] 1. The activities referred to in art. 126, on behalf of and under the authority of the voivodship shall carry out a team of employees of the organizational cell for supervision and control in the social assistance competent for social assistance of the department of the voivodship office, in the composition of at least two persons, referred to as hereinafter "the team of inspectors".
2. The team of inspectors, carrying out the activities referred to in art. 126, it is obliged to show the legitimacy of the service and the imitated authorization to carry out the supervision or control indicating the organisational unit of social assistance or the controlled entity.
Article 127a. [ Application for assistance to the Police Commissioner] 1. The Wojewoda may request the competent local Police Commissioner for assistance, if this is necessary to carry out the activities referred to in Article. 126.
2. At the request of the voyev, the local police chief shall be obliged to provide the team of Police assistance inspectors in the course of their activities.
Article 127b [ Employment in the organisational cell for supervision and control in social assistance] In the faculty of social assistance of the voivodship office in the organisational cell for supervision and control in social assistance it employs no less than 1 supervisor for supervision and control in social assistance on 25 units organizational social assistance and facilities providing round-the-clock care to disabled persons, chronically ill or the elderly, operating in the given voivodship.
Article 128. [ Post-audit recommendations] 1. Wojewoda as a result of the team of inspectors of the activities referred to in art. 126, may issue a social assistance business unit or a controlled post-control unit.
2. The organisational unit of social assistance or a controlled entity may, within 7 days of receipt of the post-control recommendations, raise objections to them.
3. The Wojewoda shall address the reservations within 14 days from the date of their service.
4. In the event of failure to take account of the reservations, the social assistance organisation or the audited entity within 30 days shall be obliged to notify the wojewater of the implementation of the recommendations, comments and conclusions.
5. If the reservations referred to in paragraph have been taken into account by the voyeurst. 2, the organisational unit of social assistance or a controlled entity within 30 days shall be obliged to notify the wojeers of the implementation of the recommendations, observations and conclusions referred to in paragraph. 1, having regard to the changes resulting from the reservations taken into account by the voishifter.
6. In the event of significant misconduct in the business unit of the social assistance or controlled unit of water, irrespective of the other means available to it, it shall inform the founding authority of the deficiencies identified. those bodies or the contracting authority to carry out the task of social assistance.
7. The body referred to in paragraph 1. 6 to whom a notification of significant deficiencies has been addressed shall, within 30 days of the date of receipt of the notice of the deficiencies found, notify the water-water of the measures taken.
Article 129. [ Ruling on the withdrawal of an authorisation to operate the facility] 1. In the event of failure to undertake or not to perform the activities resulting from the post-control recommendations referred to in art. 128, aimed at reducing or closing the identified significant deficiencies or irregularities in the field of activities and services covered by the standards, provided by the social assistance organizational units or controlled entities, wojewoda may rule on temporary or permanent withdrawal of authorisation to operate the facility.
2. If, as a result of the operations carried out, referred to in Article 126, disclosed gross negligence or omission of statutory obligations, the voicwater may call upon the local government unit to appoint a replacement contractor, within a period of not more than two months from the date of receipt of the call.
3. In the case of non-designation by the local government unit of the substitute contractor within the time limit referred to in paragraph. 2, wojewoda may apply to the administrative court with a complaint against the inactivity of the body of the local government unit.
Article 130. [ Penalty of money] 1. Who does not implement the audit recommendations-shall be subject to a penalty payment of between 200 and 6 000 PLN.
2. Who, without authorisation, runs a facility providing 24-hour care for the disabled, the chronically ill or the elderly, in which he/she is staying:
1) no more than 10 persons-subject to a monetary penalty of 10 000 zł;
2) more than 10 persons-subject to a monetary penalty in the amount of 20 000 PLN.
3. In the case of conduct without authorisation by one entity, more than one establishment referred to in paragraph. 2, the punishment shall be made separately for each of the establishments.
4. Who after the decision to impose a financial penalty for carrying out without authorization of the establishment of a facility providing 24-hour care to persons with disabilities, chronically ill or the elderly has not ceased to carry out their conduct, shall be subject to a monetary penalty of PLN 40 000.
5. In the event of a threat to the life or health of persons staying in a facility providing round-the-clock care to persons with disabilities, chronically ill or elderly people without authorization of the water may, in addition to the imposition of a penalty A decision to suspend the operation of the facility, with the maximum security of immediate enforceability, may be issued until such time as a permit is granted.
Article 131. [ Amount of financial penalty] 1. The monetary penalties referred to in art. 130, the covenant, by way of administrative decision, wojewoda.
2. The amount of the sentence referred to in art. 130 (1) 1, shall determine the water, taking into account the size of the activity carried out, the degree, number and social detrimental effects of the deficiencies identified.
3. From the decision referred to in paragraph. 1, shall be entitled to a reference to the Minister responsible for social security.
4. The statutory interest shall be collected from the penalties not paid on the date of the penalties.
5. The execution of the penalties along with interest for the delay occurs in the rules of enforcement proceedings in the administration.
Article 131a. [ Information on the imposed penalty] 1. About the penalty imposed, referred to in art. 130 (1) 2, 4 or 5, the wojewoda shall immediately inform:
(1) the social assistance centre and the district assistance centre due to the location of the facility, with a view to taking measures to ensure the assistance of persons present in the facility and to establish contact with family members, caregivers the legal or curators of the persons present in the establishment;
2) as part of the available information, family members, legal guardians or curators of persons staying at the facility.
2. In the case of the imposition of the sentence referred to in art. 130 (1) 2, 4 or 5, the wojewoda presents the persons who are in the facility and, within the information available to them, to the members of the family, to the legal guardians, to the curators of the persons staying in the facility, an extract from the register of establishments providing 24-hour care to persons a disabled, chronically ill or elderly person with the contact details of the voivodship.
3. In the case of an urgent need to provide assistance to persons staying at the facility, in relation to which the voivode has issued the decision referred to in art. 130 (1) In order to ensure that the public authorities are not able to provide the necessary assistance to the persons in need, with the participation of the head of the social assistance centre of the municipality due to the location of the facility, the water-
Article 132. [ Cash Penalty Receipts] 1. Proceeds on fines imposed on the basis of art. 131 (1) 1 shall constitute revenue of the State budget.
2. Cash penalties imposed on the basis of art. 131 (1) 1 shall be paid into the account of current income of the voivodship office.
Article 133. [ Application of provisions of the Code of Administrative Procedure] In cases not covered by this Chapter, the Code of Administrative Procedure shall apply.
Article 134. [ Delegations] The Minister responsible for Social Security shall determine, by means of a regulation:
1. the organisation and mode of supervision and control, the qualifications of the inspectors authorised to carry out supervisory and control activities, as well as a model of legitimacy for the exercise of supervisory and control activities,
(2) the qualifications of other servants under the authority of the social assistance task of the task of
-taking into account the need to ensure an adequate level of performance.
SECTION IV
Amending, transitional and final provisions
Chapter 1
Amending provisions
Article 135. (bypassed).
Article 136. (bypassed).
Article 137. (bypassed).
Article 138. (bypassed).
Article 139. (bypassed).
Article 140. (bypassed).
Article 141. (bypassed).
Article 142. (bypassed).
Article 143. (bypassed).
Chapter 2
Transitional and final provisions
Article 144. [ Definitions] Whenever you are in the current legislation, you are talking about:
(1) a fixed allowance, which shall be understood by the fixed amount;
2. the Act on Social Assistance-shall be understood by this Act;
3) environmental (family) interview-this is understood by the family history of environmental intelligence.
Article 145. [ Verification of income criteria] The first verification of income criteria shall be carried out in 2006.
Article 146. [ Contracts for the implementation of the social assistance task] 1. The existing provisions on outsourcing of tasks shall apply to contracts for the execution of a task of social assistance.
2. Contracts for the execution of the task of social assistance concluded before the date of entry into force of the Act shall retain the power until their termination or termination, however, no longer than until 31 December 2008.
Article 147. [ Height of the periodic allowance] 1. In 2004 the minimum amount of the periodic allowance shall be:
1) in the case of a person who is a person holding, 20% of the difference between the income criterion of the person holding the person and the income of that person;
2) in the case of the family-15% of the difference between the income criterion of the family and the income of the family.
2. the minimum amount of the periodic allowance shall be:
1) in the case of a person who is a person holding, 30% of the difference between the income criterion of the person holding the person and the income of that person;
2) in the case of the family-20% of the difference between the income criterion of the family and the income of the family.
3. In 2006 and 2007 the minimum amount of the periodic allowance shall be:
(1) in the case of a person who is a single person, 35% of the difference between the income criterion of the person holding the person and the income of that person,
2) in the case of the family-25% of the difference between the income criterion of the family and the income of the family
-where art. 8 ust. 2 shall apply mutatis mutandis.
4. In 2004 The municipalities shall receive a customs grant from the State budget to cover the expenditure on the periodic allowances in the part referred to in paragraph 1. 1.
5. In 2005 The municipalities shall receive a customs grant from the State budget to cover the expenditure on the periodic allowances in the part referred to in paragraph 1. 2.
6. and 2007 The municipalities shall receive a special-purpose subsidy to cover the expenditure on the periodic allowances in the part referred to in paragraph 1. 3.
7. Since 2008 The municipalities shall receive a special-purpose subsidy to cover the expenditure on the periodic allowances in the part referred to in Article 4. 38 par. 3.
8. The amount of benefit financed from the grant may not be less than 20 zł.
Article 148. [ Subsidies for municipalities] The municipalities receive a targeted grant from the state budget for the servicing of their own tasks subsidised from the state budget. In this case, art. 115 does not apply.
Article 149. [ Repealed provisions] 1. On the date of entry into force of the Act, the decisions issued on the basis of the Act of 29 November 1990 shall expire. of social assistance (Dz. U. 1998 r. No. 64, pos. 414, of late. zm.), except for the decisions referred to in the paragraph. 2 and 3 and Article 3 152 par. 3 and art. 154. 8 of this Act.
2. Decisions granting benefits on the basis of art. 16, 17, 18, 21 and 31 (1). 6-10 of the Act of 29 November 1990. social assistance shall be implemented according to existing rules, for the period of time for which those decisions have been taken, not later than 31 December 2004.
3. They retain the power of decisions to refer to the home of social assistance and decisions to place social assistance issued before the date of entry into force of this Act.
Article 150. [ Application of provisions of the Act] The provisions of this Act shall apply to cases initiated and not completed before the date of entry into force of the Act, subject to art. 150a.
Art. 150a. [ Provisions applicable to cases concerning the grant of permanent benefit] For the grant of permanent allowances in which, until 30 April 2004, the the competent authority has not adopted a final decision, the provisions of the Law of 29 November 1990 shall apply. about social assistance.
Article 151. [ Transformation of the homes of social assistance] 1. From 1 January 2005 families of social assistance for mothers with minor children and pregnant women become centres of support-houses for mothers with minor children and pregnant women, referred to in art. 47 para. 4.
2. Persons placed in the home of social assistance for mothers with minor children and pregnant women before 1 January 2004. and persons addressed to such a house before 1 January 2004, after 1 January 2005. shall pay off on the previous rules. Decisions about the payment shall be issued by the starosta of the district leading the house.
3. The district, which operates or orders the keeping of houses for mothers with minor children and pregnant women, shall dedicate to the maintenance of the persons referred to in the paragraph. 2, part of the resources accruing from the special-purpose subsidy from the state budget established for the homes of social assistance under the rules laid down in the Act of 13 November 2003. on the income of local government units (Dz. U. Nr 203, pos. 1966).
Article 152. [ Obligation to implement the recovery programme] 1. Houses of social assistance, which do not reach the standard in force, are required to develop and implement a recovery programme by the end of 2010.
2. The operator of a social assistance house, who has not yet reached the standard in force, shall issue the conditional permit for the duration of the implementation of the remeditative programme.
3. They retain the power of permission to conduct a house of social assistance issued prior to the entry into force of the Act.
4. Conditional permits for the management of the home of social assistance shall remain valid for no longer than 31 December 2010.
(5) From 1 January 2009 the municipal authority may not direct the persons to the home of social assistance maintained on the basis of a conditional authorisation.
6. Fee for the stay at the home of social assistance provided on the basis of a conditional permit after 31 December 2007. shall not be increased until the month in which the authorisation of the home of social assistance is issued.
Article 153. [ Adjusting the requirements of the establishment of the facilities] Entities operating on the date of entry into force of this Law of the facility providing round-the-clock care to disabled persons, chronically ill or elderly persons who on the date of entry into force of the Act do not meet the requirements referred to in art. 67 and 68, they are required to adapt to these requirements of the facility within one year from the date of entry into force of the Act.
Article 154. (repealed).
Article 155. [ Reduction or increase in the amount of the objective subsidy from the State budget] 1. To persons placed in the home of social assistance on the basis of a referral issued before 1 January 2004. the existing provisions on the local municipality's properties apply.
2. The amount of the special-purpose subsidy from the state budget for social assistance houses calculated in accordance with art. 87 of the Act of 13 November 2003. the income of local government units may be reduced or increased in justified cases, but not more than by 20%, depending on the types of houses located in the district, and the income earned on the payment for the stay in the house.
3. In relation to persons placed in the home of social assistance on the basis of a referral issued before 1 January 2004, decisions amending the decisions on the payment of payment and the referral to the home of social assistance shall be issued by the starosta competent for reasons of home location.
Article 156. [ Preservation of the exercise of the profession] 1. Persons who before the date of entry into force of this Act were employed on the position of a social worker on the basis of the existing provisions, retain the powers to exercise the profession.
1a. Persons who before 1 May 2004 have graduated from higher education in the fields of: pedagogy, psychology, polytology, polytology and social sciences or sociology, can perform the profession of a social worker.
2. The persons directing the care and/or the adoption and care centres should complete the specialisation no later than the end of 2005; these persons include seniority in care and education establishments and centres. Adoption and care.
3. Persons who, in the period of 3,5 years from the date of entry into force of the Act, graduate in higher education in the fields of: pedagogy, psychology, polytology or sociology, may perform the profession of a social worker.
(3a) Persons who, before 1 May 2004, have started higher bachelor's or higher degrees in the fields of: pedagogy, psychology, polytology or sociology, after obtaining a diploma for the completion of these studies they can perform the profession of a social worker.
4. The persons employed before the entry into force of the Act on the position of the aspirant of social work, which in the period of 3,5 years from the date of entry into force of the Act graduates from higher education in the fields of: pedagogy, psychology, polytology or sociology, and obtain the bachelor's degree, may exercise the profession of a social worker.
5. The persons employed before the entry into force of the Act on the position of aspirant of social work, which in the period of 5,5 years from the date of entry into force of the Act graduation of higher master's studies in the fields of: pedagogy, psychology, polytology or sociology, can perform the profession of a social worker.
Article 157. [ The term of office of the Social Aid Council] The Social Assistance Council set up in 2003. works for a term of office, which is 3 years.
Article 158. [ Care allowance] The nursing allowance shall not be granted to persons who are in a supranational social assistance home before 1 January 2004, unless they are outside the house for a period of more than 2 weeks per month.
Article 159. [ Existing provisions] Existing implementing rules adopted on the basis of the Act of 29 November 1990. of social assistance shall remain in force until such time as the implementing rules are adopted under that law.
Article 160. [ Repealed provisions] The Law of 29 November 1990 shall be repealed. of social assistance (Dz. U. 1998 r. No. 64, pos. 414, No. 106, pos. 668, Nr 117, poz. 756 and No. 162, pos. 1118 and 1126, 1999 Nr 20, pos. 170, Nr. 79, pos. 885 and No. 90, pos. 1001, of 2000 No 12, pos. 136 and No. 19, pos. 238, z 2001 r. Nr 72, pos. 748, Nr. 88, pos. 961, Nr 89, poz. 973, Nr 111, poz. 1194, No 122, pos. 1349 and No. 154, pos. 1792, 2003 No. 7, pos. 79, Nr 44, poz. 389, Nr 122, poz. 1143, No. 128, pos. 1176, No. 135, pos. 1268, Nr 137, poz. 1304, Nr 203, pos. 1966 and No. 228, pos. 2255 and 2004 No. 64, pos. 593).
Article 161. [ Entry into force] The Act shall enter into force on 1 May 2004, with the exception of:
1. 135, which shall enter into force on the day of the announcement, with effect from 1 January 2004;
2) art. 5 point 3, which shall enter into force on the date of obtaining by the Republic of Poland membership of the European Union;
3. Article 86 (1) 2 and Art. 140, which shall enter into force on 1 January 2005.
[ 1] Article 6, point 7, in the version set by the Article. 13 point 1 of the Act of 23 November 2012. to change some of the laws in connection with the increase in retirement age (Journal of Laws of the 1544). The amendment came into force on 1 January 2013.
[ 2] Currently: the provisions of the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2008 Nr 69, pos. 415), which entered into force on 1 June 2004, according to art. 145 of this Act.
[ 3] The income criteria and the amount of cash benefits from social assistance given in the Act are outdated.
Income criteria and amounts of social assistance cash benefits in force from 1 October 2012 were announced in the Regulation of the Council of Ministers of 17 July 2012. on the revised income criteria and the amounts of cash benefits from social assistance (Journal of Laws of the European Union 823).
[ 4] Currently: the provisions of the Act of 27 August 2004. on health care services financed from public funds (Dz. U. of 2008 Nr 164, pos. 1027), which entered into force on 1 October 2004, according to art. (Article 229, point 2) and this Act.
[ 5] The income criteria and the amount of cash benefits from social assistance given in the Act are outdated.
Income criteria and amounts of social assistance cash benefits in force from 1 October 2012 were announced in the Regulation of the Council of Ministers of 17 July 2012. on the revised income criteria and the amounts of cash benefits from social assistance (Journal of Laws of the European Union 823).
[ 6] Article 37 (1) 4 in the version set by the Article. 4 of the Act of 7 December 2012. to amend the Act on Family Benefits and some other laws (Journal of Laws of the Law on Family Benefits) 1548). The amendment came into force on 1 January 2013.
[ 7] Article 42 (1) 4 in the version set by the Article. 13 point 2 of the Act of 23 November 2012. to change some of the laws in connection with the increase in retirement age (Journal of Laws of the 1544). The amendment came into force on 1 January 2013.
[ 8] Article 42 (1) 5 in the version set by the Article. 13 point 2 of the Act of 23 November 2012. to change some of the laws in connection with the increase in retirement age (Journal of Laws of the 1544). The amendment came into force on 1 January 2013.
