Key Benefits:
REGULATION
MINISTER OF LABOUR AND SOCIAL POLICY 1)
of 11 March 2011
on the reimbursement of the costs of equipping a disabled person's workplace
On the basis of art. 26e par. 8 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 procedure of dealing with cases concerning the reimbursement of the costs of the equipment of the workplace of a disabled person
2) the model of the application and the elements of the contract and the documentation necessary for the reimbursement referred to in point 1;
3) the manner and timing of the processing of applications for reimbursement of the costs of the equipment of the workplace of a disabled person
4) the forms of securing the return of the received funds referred to in point 1 in the event of failure to meet the terms of the agreement concerning their award.
§ 2. [ Reimbursement of job equipment costs] 1. Repayment of the costs of the equipment of the workplace of a disabled person registered in the district labour office as unemployed or looking for a job not remaining in employment, hereinafter referred to as the "refund", from the funds of the State Fund for Rehabilitation Persons with disabilities, hereinafter referred to as the "Fund", may be granted to an employer if:
1) has committed to hiring this person for a period of at least 36 months;
(2) submitted an application for a refund, hereinafter referred to as "the application".
2. The refund shall include:
1) documented costs of the purchase or manufacture of the equipment of the workplace on which the work will be carried out by a disabled person;
2. non-deductible amount:
(a) a tax on goods and services,
(b) excise duty, relating to the taxable items referred to in point 1.
§ 3. [ Proposal] 1. The application shall consist of:
1) the Fund-in the case of applications submitted by the starostia;
2) the old age of the person who is competent for the place of registration of a disabled person as an unemployed person or looking for work not remaining in employment, in other cases.
2. The model of the proposal specifies the Annex to the Regulation.
§ 4. [ Checking and examining the application] 1. The Starosta checks the application in terms of accounting and formal.
2. In the case of finding irregularities in the application of the starosta:
1) inform the employer of the irregularities within 14 days from the date of receipt of the application and
2) calls for their removal within 14 days from the date of service of the call.
3. The term referred to in paragraph Article 2 (2) shall be extended at the request of the employer if the removal of the irregularity cannot be effected by reason of the reasons for which the employer is not in the service of the employer.
4. In the event of failure to comply with the time limit referred to in paragraph. 2 point 2, or the time limit specified in accordance with paragraph 2. 3 starosta informs the employer about leaving the application without consideration.
5. The Starosta examining the application shall take into account:
1) the needs of the local labour market;
2) the number of disabled persons with specific qualifications, registered in the district labour office as unemployed or jobseekers not remaining in employment;
3) the cost of the workplace equipment;
4) the employer's contribution to the equipment of the job created;
(5) the amount of the Fund's resources earmarked for that purpose in a given year.
6. The provisions of the paragraph. 1-5 shall apply mutatis mutandis to the examination and examination of the application of the starost by the President of the Fund's Management Board.
§ 5. [ Information on how to consider the application] 1. The Starosta shall inform the employer about the method of consideration of the application to be carried out for the given year within 30 days from the date of receipt of the complete application, however, not earlier than on the day of the decision of the district council of the resolution, of which Article 35a par. 3 of the Act of 27 August 1997. about professional and social rehabilitation and employment of people with disabilities.
2. In the event of a negative consideration of the application, the starosta shall state
3. In the case of a positive consideration of the application, the starosta shall inform the employer of the consideration of the application, calling on him to negotiate the terms of the contract. The negotiations should be concluded within 14 days from the date of service of the call.
4. The provisions of the paragraph. 1-3 shall apply mutatis mutandis to the consideration of the application by the President of the Fund's Management Board.
§ 6. [ Conclusion of the agreement] 1. Within 14 days from the date of conclusion of the negotiations, the starosta shall conclude an agreement with the employer.
2. The Agreement shall include in particular:
1. Old-age commitment to:
(a) payment of the refund in the amount fixed by the negotiations,
(b) at least once to verify the correctness of the performance of the terms of the contract by the employer, during the period of validity of the contract;
2. the employer's obligation to:
(a) the costs and employment of the disabled person to whom the refund applies, as indicated in the contract, within 3 months from the date of conclusion of the contract,
(b) documenting the implementation of the agreement on the call for old
(c) to enable the internship to perform the activities referred to in point 1 (b),
(d) informing the starost of any change in the implementation of the contract within 7 days from the date of the occurrence of such changes,
(e) the settlement of the refund received within the period specified in the contract,
(f) reimbursement:
-the refund received and
-interest on refunds calculated from the date of its receipt at the rate specified as for tax arrears,
within 3 months from the date of receipt of the call for the starost to pay or to disclose the breach of at least one of the terms of the contract,
(g) the security of reimbursement of the amount of the refund-in the form of a guarantee, bills with a promissory note (awal), a bank guarantee, a pledge on rights or things, a bank account block or a notarial deed to be executed by the debtor.
3. The percentage referred to in paragraph 1. 2 point 2 (a) (f) the second indent shall not be calculated where the refund has been paid to the employer in excess of that due for reasons which are independent of the employer.
4. The Agreement shall be made in writing. The amendment of the contract requires written form.
5. The provisions of the paragraph. 1-4 shall apply mutatis mutandis to the contracts concluded by the starostia and the President of the Fund's Management Board.
6. Article 4 (4) (a) 3 concerning the extension of the time limit shall apply accordingly.
§ 7. [ Documentation of the costs to be reimbursed] 1. The employer presents an old-age copy of the contract of employment concluded with the person employed at the reimbursed job position, the decision confirming the disability of the person, summary of the incurred costs of the refund, and copies of the evidence thereof reports within 7 days from the date of the last of these costs.
2. Purchase of the equipment covered by the refund shall be documented by the invoice, the account or the proof of payment.
3. The creation of the equipment covered by the refund shall be documented by presenting the technical assessment of the appraisal together with the valuation made by him.
(4) The purchase price and the cost of manufacture of the equipment covered by the refund shall be established and documented in accordance with the accounting rules.
5. The costs of the evaluation and valuation of the valuers referred to in paragraph. 3, finances the employer.
6. The contract referred to in § 6 shall cease in the event of failure to submit a statement of the incurred costs of the refund and a copy of the proof of their incurring them within six months from the date of conclusion of the contract.
7. The provisions of the paragraph. 1-6 shall apply mutatis mutandis to the contracts concluded by the starostia and the President of the Fund's Management Board.
8. The provision of § 4 (1) 3 concerning the extension of the time limit shall apply accordingly.
§ 8. [ Proposal for an opinion] Within 7 days from the date of service of the staroste or the President of the Management Board of the Fund of the documents referred to in § 7 par. 1, the starosta occurs to the State Labour Inspectorate with a request for an opinion, respectively, to adapt to the needs resulting from the disability of a person employed on a equipped job stand or to meet the conditions of safety and occupational hygiene in this post.
§ 9. [ Forwarding refund] 1. The refund shall be handed over to the bank account indicated in the application within 14 days from the date of presentation by the employer of the positive opinion of the State Labour Inspectorate, respectively, to adapt to the needs resulting from the disability persons employed on a job as a job or on the fulfilment of occupational safety and health conditions in that post.
2. In the case referred to in § 3 par. 1 point 1, the refund shall be made after obtaining the consent of the President of the Management Board of the Fund, within 14 days from the date of submission of the President of the Fund's Management Board by the employer of the starostess of the positive opinion referred to in the paragraph. 1.
§ 10. [ Refund of refunds] 1. The employer, making the settlement of the refund, shall use in particular the data contained in the application and the contract referred to in § 6.
2. If the refund has been paid to the employer in the amount of the higher of the receivable, the employer shall inform the appendix of the amount of the unduly collected refund and shall refund that amount within 3 months from the date of its disclosure.
3. If the refund has been paid to the employer in the amount of the lower than the amount due, the employer may inform the appendix of the amount constituting the difference between the amount due and the amount paid to the employer and apply for payment of this amount in the the period until 15 February of the year following that in which the period of employment of the post concerned was taken.
4. The settlement of the refund shall apply mutatis mutandis § 6 (1). 2 point 2 (a) f and para. 3.
5. Paragraph 4 (1) (a) 3 concerning the extension of the time limit shall apply accordingly.
§ 11. [ de minimis aid] The refund may be 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) or in Regulation 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 the relevant provisions of the European Union relating to aid de minimis in the fisheries and aquaculture sector.
§ 12. [ Requests for an opinion] Requests from the starost for an opinion on the adaptation of the workplace to the needs arising from the disability of a person employed in that post, which have not been dealt with by the date of entry into force of this Regulation, shall be applied for issue an opinion, as appropriate, to adapt to the needs arising from the disability of a person employed on a equipped job or on the fulfilment of occupational safety and health conditions in that position.
§ 13. [ Term of validity] The Regulation shall apply until 30 June 2021.
§ 14. [ Entry into force] The Regulation shall enter into force on the day of the announcement, with effect from 1 January 2011. 2)
§ 14.
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) This Regulation was preceded by the Regulation of the Minister of Labour and Social Policy of 17 October 2007. on the reimbursement of the costs of equipping the work station of a disabled person (Dz. U. Nr 194, pos. 1404 and 2008 No. 144, pos. 908), which expired on 1 January 2011. on the basis of the Act of 29 October 2010. to amend the Act on Professional and Social Rehabilitation and Employment of Persons with Disabilities and certain other laws (Dz. U. Nr. 226, pos. 1475).
Annex 1. [ MODEL-Interiors-W]
Annex to the Regulation of the Minister of Labour and Social Policy
of 11 March 2011
MODEL -Interiors-W
