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Regulation Of The Minister Of Labour And Social Policy Dated 9 January 2009 On The Refund Of Social Security Contributions Of People With Disabilities

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 9 stycznia 2009 r. w sprawie refundacji składek na ubezpieczenia społeczne osób niepełnosprawnych

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REGULATION
MINISTER OF LABOUR AND SOCIAL POLICY 1)

of 9 January 2009

on the refund of social security contributions for disabled persons

On the basis of art. 25d ust. 4 of the Act of 27 August 1997. about professional and social rehabilitation and employment of people with disabilities (Dz. U. of 2011 r. Nr 127, pos. 721, of late. (d) the following shall be managed:

§ 1. [ Regulatory scope] The Regulation shall specify:

1. the detailed conditions of the granting and the procedure for the transmission of the refund of social security contributions, hereinafter referred to as "the reimbursement of contributions", to a disabled person performing an economic activity, a disabled farmer and a farmer the obligation to pay contributions for a disabled house, hereinafter referred to as 'applicants';

2) the deadline for the submission and design of the application referred to in Art. 25c ust. 1 of the Act of 27 August 1997. the employment and social rehabilitation and employment of disabled persons, hereinafter referred to as 'the Act', and a list of documents attached to the application;

3) the requirements that must be met by the applicant submitting the documents in electronic form by teletransmission of the data.

§ 2. [ Specimens of the application for payment of reimbursement of contributions] 1. The model of the application for payment of refunds shall be as follows:

1. a disabled person engaged in an economic activity, of the symbol Wn-U-G, which is set out in Annex No 1 to the Regulation, hereinafter referred to as the "request Wn-U-G";

(2) a disabled farmer or a farmer liable for the payment of contributions for a disabled household, of the symbol Wn-U-A, which is set out in Annex 2 to the Regulation, hereinafter referred to as "the request of the Wn-U-A".

2. To indicate part or all of the information listed in the annexes, the applicant may additionally use photocopations, including QR codes, placed above the upper edge of the form information block or on the back of the form, markings or labels to facilitate the identification of the document, including sound labels and Braille labels, the application of which does not preclude the recognition of the Wn-U-G application or of the Wn-A-A request in accordance with the formula set out in the paragraph. 1.

§ 3. [ Conditions for refunds of premiums as de minimis aid] The reimbursement of contributions is granted as aid de minimis meeting the conditions laid down in Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Article 107 and 108 of the Treaty on the Functioning of the European Union for assistance de minimis (Dz. Urz. EU L 352, 24.12.2013, p. 1), in Commission Regulation (EU) No 1408/2013 of 18 December 2013. on the application of Article 107 and 108 of the Treaty on the Functioning of the European Union for assistance de minimis in the agricultural sector (Dz. Urz. EU L 352, 24.12.2013, p. 9) or in Commission Regulation (EU) No 717/2014 of 27 June 2014. on the application of Article 107 and 108 of the Treaty on the Functioning of the European Union for assistance de minimis in the fisheries and aquaculture sector (Dz. Urz. EU L 190 of 28.06.2014, str. 45).

§ 4. (repealed).

§ 5. (repealed).

§ 6. [ The deadline for the submission of the application by a disabled person] 1. A disabled person performing an economic activity shall submit a request to the Wn-U-G within the period up to the last day of the month in which the deadline for the payment of social security contributions has expired, in accordance with the provisions on the social security system.

2. The disabled farmer or farmer obliged to pay contributions for a disabled household shall submit a request to the Wn-U-A by the last day of the month following the month in which the deadline for payment of the contributions for the quarter has expired, in accordance with the rules on social insurance of farmers.

§ 7. [ Information sent with the first request of the Wn-U-G] [ 1] 1. A disabled person performing an economic activity shall send to the State Fund for the Rehabilitation of Persons with Disabilities, hereinafter referred to as the "Fund", together with the first request of the Wn-U-G:

1) copies of current supporting documents:

(a) the full and abbreviated name of the applicant, if he has,

(b) the name of the applicant,

(c) the numbers of the applicant's PESEL, REGON and NIP, in so far as their grant is based on the provisions of law;

2) a copy of the current decision on disability or a decision on the degree of disability or of a judgment treated on a par with that decision;

3. the authorisation of the person submitting the documents referred to in points 1 and 2 and in the paragraph. 3, to act on behalf of the applicant, if the applicant does not send the documents in person.

2. The disabled farmer or farmer obliged to pay the contributions for a disabled house shall send to the Fund together with the first request of the Wn-U-A:

1) copies of current supporting documents:

(a) the name of the applicant,

(b) the number of the applicant's PESEL and NIP, in so far as their grant is based on the law;

2) a copy of the current decision on disability or a decision on the degree of disability or of a judgment treated on an equal basis with that decision of a disabled farmer or a disabled house-holder;

3) a copy of the decision or other document confirming the subject of the social insurance of the farmers, containing the indication of the premium payer and the title of insurance, issued:

(a) until 31 December 1990. by the Municipal Office, or

(b) by the President of the Agricultural Social Insurance Fund;

4. the authorisation of the person transferring the documents referred to in points 1 to 3 and in paragraph 1. 3, to act on behalf of the applicant, if the applicant does not send the documents in person.

3. With the first application of the Wn-U-G or the request Wn-U-A, submitted after the establishment of the person responsible for contacts with the Fund, the applicant shall send to the Fund a notification containing the name of the person responsible for contacts with the Fund, and Its telephone and fax numbers and the e-mail address, if any, shall be used.

§ 8. [ Application in electronic form] 1. The applicant intending to submit in electronic form the request of Wn-U-G or the request of Wn-U-A receives from the Fund an ID and password of access to the IT program made available by the Fund within 14 days from the day of submission of the application in the form of a written document.

2. [ 2] The applicant submitting the Wn-U-G request or the request Wn-U-A in electronic form shall provide these documents with a qualified electronic signature as referred to in Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014. on electronic identification and trust services with regard to electronic transactions in the internal market and repealing Directive 1999 /93/EC (Dz. Urz. EU L 257, 28.08.2014, p. 73), or authenticates them with a certificate provided by the Fund.

3. The official certificate of receipt of the document in electronic form sent by means of teletransmitted data shall be carried out in accordance with the provisions concerning the organisational and technical conditions for the service of electronic documents to public entities.

4. The applicant referred to in paragraph 1. 2:

1) records in the IT program the certificate referred to in the paragraph. 2;

2. shall immediately inform the Fund of:

(a) the cancellation of the submission of documents in electronic form,

(b) the loss or suspicion of disclosure of data for the submission of electronic signatures.

§ 9. [ Restoration of time limits for submission of Wn-U-G application and request of Wn-U-A] The time limits for the submission of the Wn-U-G application and of the Wn-U-A request shall be reinstated at the request of the applicant if he/she prima facie evidence that the failure has been carried out without his or her fault.

§ 10. [ Actions to be undertaken by the Fund upon receipt of the Wn-U-G proposal or the Wn-U-A proposal] 1. Upon receipt of the request of the Wn-U-G or the request of the Wn-U-A Fund:

1) check it in accounting and formal terms and, within 14 days from the date of receipt of the application, inform the applicant of the recognition of the application as complete and properly completed or inform the applicant of the irregularity found concerning the application and calls for them to be removed, together with the instructions for leaving the application without diagnosis in the event of non-removal;

2) determine whether the applicant has an arrears in the commitments to the Fund in excess of the total amount of 100 PLN;

3) fix the amount of the payment refund for the premiums;

4) transfer the fixed amount of the refund of premiums to the bank account indicated by the applicant;

(5) issue a certificate of assistance de minimis or help de minimis in agriculture or fisheries.

2. [ 3] When carrying out the activities referred to in paragraph 1. 1, the Fund shall not take into account the photocopies, markings or labels used to facilitate the identification of the documents submitted by the applicant in connection with the application for refund of premiums.

§ 11. [ Storing documentation] For a period of 10 years from the date on which the aid is granted, the applicant benefiting from the refund shall keep records permitting verification of the conformity of the aid granted under the Regulation.

§ 12. [ Exclusion of certain provisions] The provisions of § 7 and § 8 (8) Point 1 shall not apply to applicants who have, for the first time, provided the required information prior to the date of entry into force of the Regulation on the basis of existing provisions.

§ 13. [ Ways of refund of contributions] The refund of premiums under the conditions and in accordance with the procedure laid down in the Regulation shall be granted, starting with the contributions paid:

1. for the month of January 2009. -by disabled persons performing an economic activity;

2. for the first quarter of 2009 -by disabled farmers or by farmers liable to pay contributions for a disabled house.

§ 14. [ Termination] The Regulation shall apply until 30 June 2021.

§ 15. [ Entry into force] The Regulation shall enter into force on the day of the announcement 2)

§ 15.

1) The Minister of Labour and Social Policy directs the government administration-social security, pursuant to § 1 paragraph. 2 point 2 of the Regulation of the Prime Minister of 22 September 2014 on the detailed scope of the action of the Minister of Labour and Social Policy (Dz. U. Entry 1260).

2) From the date of entry into force of this Regulation, the Regulation of the Minister of Labour and Social Policy has expired on 13 December 2007. on the reimbursement of social security contributions for disabled persons (Dz. U. No 240, pos. 1754 and 2008 Nr 61, pos. 382 and No. 207, pos. 1304), preserved in force on the basis of art. 9 of the Act of 5 December 2008. amending the Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities (Dz. U. No. 237, pos. 1652).

Annex 1. [ MODEL-Wn-U-G]

Annexes to the Regulation of the Minister of Labour and Social Policy
of 9 January 2009

Annex No 1

MODEL -Wn-U-G [ 4]

infoRgrafika

infoRgrafika

Annex 2. [ MODEL-Wn-U-A]

Annex No 2

MODEL -Internal-U-A [ 5]

infoRgrafika

infoRgrafika

[ 1] § 7 in the wording established by § 1 item 1 of the Ordinance of the Minister of Family, Labour and Social Policy of 22 June 2016 amending the Regulation on the reimbursement of social security contributions for disabled persons (Journal of Laws pos. 941). The amendment came into force on 1 July 2016.

[ 2] § 8 par. 2 in the wording set by § 1 item 2 of the Ordinance of the Minister of Family, Labour and Social Policy of 22 June 2016 amending the Regulation on the reimbursement of social security contributions for disabled persons (Journal of Laws pos. 941). The amendment came into force on 1 July 2016.

[ 3] § 10 para. 2 added by § 1 item 3 of the Ordinance of the Minister of Family, Labour and Social Policy of 22 June 2016. amending the Regulation on the reimbursement of social security contributions for disabled persons (Journal of Laws pos. 941). The amendment came into force on 1 July 2016.

[ 4] Annex No 1 as set out by § 1 item 4 of the Ordinance of the Minister of Family, Labour and Social Policy of 22 June 2016 amending the Regulation on the reimbursement of social security contributions for disabled persons (Journal of Laws pos. 941). The amendment came into force on 1 July 2016.

[ 5] Annex No 2 as set out by § 1 item 4 of the Ordinance of the Minister of Family, Labour and Social Policy of 22 June 2016 amending the Regulation on the reimbursement of social security contributions for disabled persons (Journal of Laws pos. 941). The amendment came into force on 1 July 2016.