Parents do not have Ukrainian citizenship and children do. Are they entitled to 300 +, 500+ benefits?
A one-off cash benefit in the amount of PLN 300 is granted to Ukrainian citizens whose stay in the territory of the Republic of Poland is considered legal on the basis of the special act and who have been entered in the PESEL register, therefore they can be obtained for children who have Ukrainian citizenship.
On the other hand, the parents of such children themselves are not entitled to receive such a benefit for themselves.
Also, the childcare benefit (i.e. 500+) is granted only to a citizen of Ukraine whose stay in the territory of the Republic of Poland is considered legal on the basis of a special act, if he lives with children in the territory of the Republic of Poland.
The special act does not give the child the right to receive 500+ benefits even if he or she is a citizen of Ukraine.
Moreover, the childcare benefit is granted to foreigners who have refugee status or subsidiary protection in Poland.
The mere fact that the parents of their children are covered with temporary protection (which is confirmed by the Head of the Office for Foreigners by issuing the relevant certificate) is not tantamount to granting the refugee status and does not entitle them to 500+.
Due to the extraordinary situation faced by foreigners escaping from the territory of Ukraine before the war, but not having Ukrainian citizenship, it may be considered that parents of Ukrainian citizens may apply for a child benefit (500+) for children who are covered by the special act as citizens of Ukraine.
It seems that granting the benefit in such a case would be justified from the point of view of the public interest and the purpose of the special act, although such a case was not explicitly included in the special act itself.
In case of receiving a decision to refuse this benefit, it is possible to appeal against such a decision to the court, in which the interested parties may be supported by the Association for Legal Intervention.
It is worth remembering that a person benefiting from temporary protection to whom a certificate has been issued, the Office for Foreigners provides, at their request, medical care and grants assistance through accommodation and meals or assistance in the form of a cash benefit.Details of the procedure for applying for this type of benefits are described on the website of the Office for Foreigners at the link: https://www.gov.pl/web/udsc/ochrona-czasowa-dla-cudzoziemcow-niebedacych-obywatelami-ukrainy