I entered Poland from Ukraine on 1.03.2022. I did not apply for a PESEL number. Does this mean that I cannot receive medical benefits?

First of all, it should be noted that having a PESEL number with the annotation UKR does not seem to be a necessary condition for obtaining free healthcare services in Poland by Ukrainian citizens covered by the special act, i.e. those who:

– entered the territory of the Republic of Poland from February 24, 2022 in connection with an armed conflict on the territory of Ukraine,

– reported their intention to stay in this territory, and also although it does not arise directly from the regulations

– they registered their stay within 90 from the date of entry into the territory of the Republic of Poland.

A special PESEL number assigned to Ukrainian citizens is one of the methods of verifying whether a given foreigner is entitled to medical benefits.

According to the announcement of the National Health Fund, the entitlement to medical services for persons entitled under the special act is verified:

1. BEFORE THE SPECIAL ACT IS INTO EFFECT (from February 24 to March 11, 2022) on the basis of each document that confirms the identity, including:

1.a passport of a citizen of Ukraine with a stamp of the Polish Border Guard,

2.certificate issued by the Border Guard of the Republic of Poland,

3. ID card,

4.driving licenses,

5.marriage certificate,

6.birth certificate,

7. another document certifying the status of Ukrainian citizenship, crossing the border, place of crossing the border; the status of the spouse of a citizen of Ukraine, kinship in the case of the immediate family of a citizen of Ukraine with the Pole’s Card.

2. AFTER ENTRY INTO FORCE OF THE SPECIAL ACT (from March 12, 2022), additionally on the basis of:

1.a special PESEL number issued to citizens of Ukraine,

2.e-document (adults who register in the commune and will be given a PESEL number and set up a trusted profile, can activate an e-document confirming the status of an authorized person),

3. printout of the confirmation of creating a trusted authorized person’s profile (includes: name and surname, PESEL number).

Source: https://www.nfz.gov.pl/aktualnosci/aktualnosci-centrali/pomoc-dla-obywateli-ukrainy-zagwarantowana-w-specustawie-o-czym-musza-wiedziec-swiadczeniodawcy,8157.html

Pursuant to the current wording of the special act, in the case of assigning a PESEL number under the special act, it is considered that a person who has been assigned this number is entitled to medical care, but it has not been expressis verbis determined that granting a PESEL number is a necessary condition for such recognition.

However, the interpretation of the provisions of the special act leads to the conclusion that medical care to extent medical care to which persons covered by compulsory or voluntary health insurance are entitled under Act of 27 August 2004 on health care services financed from public funds (Journal of Laws of 2004, No. of year 2021, item 1285, as amended 7), excluding spa treatment and spa rehabilitation, as well as administration of medical products issued to beneficiaries under the health policy programs of the minister responsible for health for health, is subject to the following conditions:

  1. Having Ukrainian citizenship or being a spouse of a person of Ukrainian citizenship (unless you have Polish or other EU citizenship),
  2. Entry into the territory of Republic of Polsnd after February 24, 2022,
  3. Declairing the intention to stay in the territory of Republic of Poland,
  4. Registering your stay in the territory of Republic of Poland, which, as a rule, takes place by applying for PESEL number of Ukr, within 90 days from the date of entry.

It should be noted that the special act does not apply to Ukrainian citizens who have:

a) permanent residence permit,

b) long-term resident’s European Union residence permit,

c) temporary residence permit,

d) refugee status,

e) subsidiary protection,

f) consent for tolerated stay,

g) residence permit for humanitarian reasons;

and who:

a) they have submitted applications for international protection in the Republic of Poland or on behalf of which such applications have been submitted,

b) declared their intention to submit applications for international protection in the Republic of Poland pursuant to art. 28 sec. 1 or art. 61 sec. 1 of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland (Journal of Laws of 2021, item 1108 and 1918 and of 2022, item 583) or to whom such declarations of intent relate.

In view of the above, we recommend that every citizen of Ukraine who entered the territory of the Republic of Poland after February 24, 2020 register his stay and obtain a PESEL Ukr number within 90 days from the date of entry into this territory.