Are the fleeing Ukrainian citizens entitled to family benefits and when, according to the special act? What conditions must be met? What kind of help can you count on?

2 years ago

13 minutes

Pursuant to the Act of 12 March 2022 on assistance to Ukrainian citizens in connection with an armed conflict in the territory of that country, pursuant to Article 26 fleeing citizen Ukraine is entitled to:

1) family benefits

2) child benefit, i.e. the so-called 800 +,

3) providing a good start, i.e. the so-called 300 +,

4) providing family care capital,

5) co-financing the reduction of the parent’s fee for the child’s stay in a nursery, children’s club or with a day carer,

provided that the citizen of Ukraine lives with the child in Poland.

Benefits are granted on the terms set out in the acts regulating these benefits, with the exception of the condition of having a residence card with the annotation “access to the labor market”.

The child’s temporary guardian is also entitled to benefits or co-financing. In such a situation, the application for the benefit is submitted by the temporary guardian.

In determining the income in this situation, only the child’s income is taken into account.

To receive the above-mentioned benefits:

– a parent or a child must be registered by the commander of the Border Guard post in the register of Ukrainian citizens who came to Poland in connection with hostilities in that country.

If entry into Poland was not registered at the time of crossing the border, an application for a PESEL number should be submitted within 30 days from the date of entry to Poland,

– the parent and child must have a PESEL number,

– the parent must submit an application for providing the benefit, containing the PESEL number and data on the document constituting the basis for crossing the border.

Benefits are determined starting from the month in which the application was submitted, but not earlier than the month in which the foreigner’s data was entered in the register of Ukrainian citizens who came to the territory of Poland in connection with hostilities in that country.

Some family benefits depend on the amount of family income. In such a situation, when determining the family income, only the income of those family members who stay in Poland is taken into account.

Family benefits are:

family allowance and supplements to family allowance,
one-time childbirth allowance, the so-called baby shower,
care benefits, such as: care allowance, care allowance and special care allowance,
parental benefit,

I. FAMILY BENEFIT

Family allowance is intended to partially cover the cost of maintaining a child.

Granting the right to family allowance depends, inter alia, on meeting the income criterion. In order to receive it, the average monthly family income per person or the income of a learner may not exceed PLN 674.00 or PLN 764.00 if the family member is a child with a certificate of disability or a certificate of moderate or severe disability.

The amount of the family allowance is monthly:

PLN 95.00 for a child up to 5 years old;
PLN 124.00 for a child from 5 to 18 years old;
PLN 135.00 for a child from 18 to 24 years old.

The application is submitted to the commune or city office competent for the place of residence. The application can be found at the office or on the website: https://empatia.mpips.gov.pl/-/zasilek-rodzinny

The type of documents required may vary depending on the individual circumstances of the case, but generally you should prepare:

an abbreviated copy of the child’s birth certificate or other official document confirming his age, if the child is in education and is over 18 years old,
certificate or declaration of family income in the case of a child over 18 years old,
a declaration or a certificate from the school or university confirming that the child is continuing education,
in the case of a disabled child – a certificate of disability or degree of disability,
in the case of a learner whose parents are dead – a copy of their parents’ death certificates,
in the case of a single parent – a copy of a copy of a final judgment of a court declaring a divorce or separation or a copy of the death certificate of the spouse or parent of the child.

It is worth remembering that if you are not able to submit all the required documents and – due to the ongoing war – you cannot obtain them, you should explain your situation in great detail and apply for a decision based on the documents you have submitted.

Therefore, it is worth submitting these applications despite the lack of all documents.

If you are entitled to child benefit, you can apply for benefits for:

– the birth of a child

– childcare during the childcare leave

– raising a child alone

– raising a child in a large family

– education and rehabilitation of a disabled child

– the child taking up education at school outside the place of residence

– the beginning of the school year

II. CARE BENEFITS

The care benefits include:

– nursing allowance

-special care allowance

– nursing benefit

The nursing allowance is granted to partially cover the expenses resulting from the need to provide care and assistance to another person due to the inability to live independently.

Nursing allowance is granted to:

1) a disabled child;

2) a disabled person over the age of 16, if he or she has a certificate of significant disability;

3) a person who has reached 75 years old;

4) a disabled person over the age of 16 who has a certificate of moderate disability, if the disability arose up to the age of 21.

The nursing allowance is payable in the amount of PLN 215.84 per month.

Special care allowance is granted to persons who are obliged to pay maintenance, as well as to spouses, if:

1) do not take up employment or other gainful work or

2) resign from employment or other gainful work

– in order to provide permanent care to a person who has a certificate of significant disability or a certificate of disability indicating the need for permanent or long-term care or assistance of another person due to the significantly limited possibility of independent existence and the need for constant daily participation of the child’s guardian in the process of his treatment, rehabilitation and education.

A special care allowance is due if the total income of the family of the person providing care and the family of the person requiring care per person does not exceed the income criterion of PLN 764 net.

Nursing benefit – due to resignation from employment or other gainful work, the following persons are entitled to:

1) mother or father,

2) the actual guardian of the child,

3) a person who is a related foster family

4) other persons with a maintenance obligation, with the exception of persons with a significant degree of disability

– if they do not take up or resign from employment or other gainful work in order to take care of a person who has a certificate of significant disability or a certificate of disability indicating the need for permanent or long-term care or assistance of another person due to the significantly limited possibility of independent existence and the necessity constant participation of the child’s caregiver in the process of its treatment, rehabilitation and education.

The nursing benefit is due if the disability of the person requiring care has arisen:

1) not later than the age of 18, or

2) during school or university education, but not later than until the age of 25.

The nursing benefit is due regardless of the family income and amounts to PLN 2,119.00 per month.

In order to receive a care, nursing benefit, or a special nursing benefit, an application must be submitted to the commune or city office competent for the place of residence. The application form template is available online or at the office: https://empatia.mpips.gov.pl/-/zasilek-rodzinny

III. PARENTAL BENEFIT

Parental benefit is generally granted to:

– the mother or father of the child

– the actual guardian of the child

– foster family, excluding professional foster family

– the person who adopted the child

– the temporary guardian

Parental benefit in the amount of PLN 1,000 per month does not depend on the income criterion.

The benefit is not due if:

– maternity allowance or the equivalent of maternity allowance is collected,

– the person applying for parental benefit has ceased to provide personal care for the child,

– in connection with bringing up the same, the right to parental benefit, supplement to family benefit, nursing benefit, special care allowance or caregiver’s allowance has already been established,

– abroad is entitled to a benefit of a similar nature to the parental benefit,

the persons referred to in section 1, abroad is entitled to a benefit of a similar nature to parental benefit, unless the provisions on the coordination of social security systems or bilateral social security agreements provide otherwise.

The application may be submitted:

– in person at the office

– via the Empatia portal: https://www.gov.pl/web/rodzina/viii-kieta-rodzicielskie111

IV. OTHER BENEFITS – THESE ARE NOT FAMILY BENEFITS UNDER THE FAMILY BENEFITS ACT

CHILDCARE BENEFIT

A childcare benefit, commonly known as 800+, is a benefit that partially covers the expenses related to raising a child, including caring for him and meeting his vital needs.

A childcare allowance is granted to:

– in the amount of PLN 800 per month,

– for each child up to the age of 18,

– in the period from June 1 of a given year to May 31 of the following year,

– regardless of the income obtained.

The application for granting the benefit is submitted by:

– mother or father,

– the actual guardian of the child,

– legal guardian of the child,

– temporary guardian,

– foster parent of the child,

– a person running a family orphanage,

– director of a care and educational facility, a regional care and therapy facility, an intervention pre-adoption center, a social welfare home.

To receive this benefit, you must submit an application electronically to the Social Insurance Institution via:

– Electronic Services Platform of the Social Insurance Institution – https://www.zus.pl/portal/logowanie.npi

– Empatia portal – https://empatia.mpips.gov.pl/

– electronic banking

The benefit is provided in a non-cash form every month to the payment account number in Poland indicated in the application.

If ZUS grants a child benefit, you will not receive a decision on the matter, but only information about granting the benefit for the profile at PUE ZUS, as well as by e-mail to the address provided in the application.

If you receive a negative decision, you have the right to file a decision. You will receive the decision in electronic form – to your profile at PUE ZUS.

GOVERNMENT PROGRAM “GOOD START”

The 300+ benefit is a one-time support for all students starting the school year, granted once a year.

To receive this benefit, you must submit an application electronically to the Social Insurance Institution via:

– Platform of Electronic Services of the Social Insurance Institution https://www.zus.pl/portal/logowanie.npi

– Empatia portal – – https://empatia.mpips.gov.pl/

– electronic banking

The application may be submitted by:

-mother,

-father,

– the legal guardian of the child or the actual guardian of the child,

– foster parent,

– a person running a family orphanage or the director of a care and educational institution,

– temporary guardian.

The benefit is granted for:

– a student who is under 20 or 24 years old – if he or she has a certificate of moderate or severe disability, the need for special education, the need for rehabilitation and educational activities.

The benefit will be paid to the bank account. The allowance is not granted to children attending kindergarten and children undergoing one-year kindergarten preparation in the so-called kindergarten in kindergarten or school.

Granting a good start benefit by the Social Insurance Institution does not require a decision. You will receive information about granting a good start benefit on the information profile created in the ICT system provided by the Social Insurance Institution. Failure to collect information about the award of the “Good Start” benefit does not suspend the payment of this benefit.

FAMILY CARE CAPITAL

The purpose of this benefit is to partially cover the expenses related to raising a child, including caring for him and meeting his vital needs. The benefit is:

– is granted in the period when the child is between 12 and 35 months old,

– does not depend on family income,

– is due for the second and each subsequent child in the family,

The benefit amounts to a total of up to PLN 12,000. You can decide whether you want to receive a benefit of PLN 500 for 24 months or PLN 1,000 for 12 months.

The application is submitted by:

– father,

– mother,

– temporary guardian.

Family guardianship capital is not due if:

1) the child has been placed in foster care;

2) the child’s parent has been deprived of parental authority;

3) a family member is entitled to a benefit abroad for a child of a similar nature to capital, unless the provisions or bilateral international agreements on social security provide otherwise.

In order to receive the benefit, an application must be submitted electronically to the Social Insurance Institution via:

– Electronic Services Platform of the Social Insurance Institution – https://www.zus.pl/portal/logowanie.npi

– Empatia portal – https://empatia.mpips.gov.pl/

– electronic banking

Granting the benefit by the Social Insurance Institution does not require a decision. You will receive information about granting the benefit on the information profile created in the ICT system provided by the Social Insurance Institution and to the e-mail address provided.

You will receive the capital in a non-cash form every month to the payment account number in Poland indicated by you in the application. If the decision is negative, ZUS will deliver the decision only in electronic form – to your profile at PUE ZUS. You can appeal against the decision to the President of ZUS within 14 days from the delivery of the decision.

Co-financing of the reduction of the fee for a child’s stay in a nursery, children’s club or with a day carer

The co-financing was provided for a child who attends a nursery, children’s club or takes care of a day carer, when the parent does not receive family care capital for this child. This means that the subsidy is granted to:

• for the first and only child in the family,

• for the first child from families where the next child is covered by family care capital,

• for a child under 12 months of age and after reaching 36 months of age

Co-financing is a maximum of PLN 400 a month per child, not more than the amount of the fee paid by parents for the child’s stay in a nursery, children’s club or with a day carer. The payment for the child’s stay in the facility does not include the food fee. The subsidy is granted regardless of the family income.

Co-financing will be paid to the bank account of the facility attended by the child.

The application is submitted by:

– parent or temporary guardian.

The grant application may be submitted no earlier than on April 1, 2022, only electronically via:

– Electronic Services Platform of the Social Insurance Institution – https://www.zus.pl/portal/logowanie.npi

– Empatia portal – https://empatia.mpips.gov.pl/

– electronic banking