The terms and conditions of the coal allowance are regulated by the Coal Allowance Act (Ustawa o dodatku węglowym) dated August 5, 2022.
Article 2, section 7, items 2 and 3 lists the categories of foreigners who are entitled to apply for the coal allowance. Among others, the list includes foreigners with Polish residence and those residing in Poland based on a permanent residence permit, long-term EU residence permit or a temporary residence permit granted in connection with family reunification or the intention to reside in Poland with respect to holders of long-term EU residence permits issued by another European Union member state.
Foreigners who have been granted refugee status or subsidiary protection, as well as foreigners residing in Poland in connection with obtaining a residence permit on humanitarian grounds as well as those who have been granted a tolerated stay permit, are also eligible for the coal allowance.
It follows from the above that citizens of Ukraine who have been assigned a PESEL number pursuant to the Act on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of Ukraine (specustawa), dated March 12, 2022, are not eligible for the coal allowance. It should be noted that the assignment of a PESEL number to a Ukrainian citizen pursuant to the Special Act (specustawa) is not tantamount to granting him/her refugee status, which is granted in the course of a separate procedure upon meeting other conditions, and thus constitutes a completely separate legal institution.