The “Family 500+” programme on each child irrespective of the income

As a result of the changes introduced as of 1 July 2019 the child-support benefit is vested on all children up to 18 years old, irrespective of the income generated by the family. In total 6.8 million children shall receive the financial support.

Other important changes:

A lack of the requirement to determine maintenance.

As of 1 July 2019 granting the right to the child-support benefit no longer requires determining child’s maintenance from the other parent in case of applications submitted by single parents. Therefore, the time-consuming verification of the requirement of determining the child’s maintenance is eliminated.

Introduction of the child benefit in the amount of PLN 500 on children placed in care and upbringing establishments

As of 1 July 2019 the additional child support in the form of an allowance in the amount of the child-support benefit shall be also received by socialising care and upbringing establishments, intervention care and upbringing establishments, specialist-therapeutic care and upbringing establishments, regional care and upbringing establishments and intervention pre-adoption centres.

Until now – as of 1 April 2016 – the child benefit (in the amount of the child-support benefit) has been given to foster families and families running a children’s home, and in the case of family care and upbringing establishments an allowance was given to the lump sum referred to in Article 115 par. 2a of the Act of 9 June 2011 on family support and alternative care system.

Basing on the example of the solution binding in a family care and upbringing establishment a principle has been adopted that the allowance is granted upon the request of the director of the establishment submitted to the poviat family support centre relevant with regard to the location of the establishment.

This allowance, in particular, should be allocated to the development of interests of the establishment’s pupils, as well as to increase their educational and developmental opportunities.

The 500+ programme has also included children placed at nursing homes.

An introduction of a special 3 month period, counted from the child’s date of birth, to file an application for the child-support benefit on a new-born  

As of 1 July 2019 parents have as long as 3 months as of the child’s date of birth to file an application on granting the child-support benefit. Filing an application in this period of time guarantees granting the benefit with compensation as of the child’s date of birth. Until now the child-support benefit was vested as of the month of filing the application.

It is crucial that the above solution concerns children born after 30 June 2019. The solution also applies to the child’s legal guardian and factual guardian, respectively.

Introduction of a solution allowing granting, with continuity, the child-support benefit to the other parent in case of death of the parent, whom the benefit has been granted for a given period or who has died before consideration of the filed application.

This solution allows granting, with continuity, the child-support benefit to the other parent in case of death of the parent, whom the benefit has been granted for a given period or death of the parent, who has filed the application, but died before consideration thereof. For the continuity purposes of the benefit, the parent, who was left alone with the child has to file an application within 3 months as of death of the parent, who has been receiving the child-support benefit.

It is crucial that the above solution applies to cases, in which the parent’s death happened after 30 June 2019.

In accordance with the legal status binding until 30 June 2019, in case of death of the parent, with regard to whom the decision on granting the child-support benefit was taken, as on the day of their death the right to the granted benefit expired, since this is a personal benefit, which is inalienable and inheritable. As a result, this benefit was not transferred automatically to the other parent, but such a parent had to file a new application for the child-support benefit on the grounds of which the benefit was granted as of the month of submitting such application.

Simplified procedures

Due to the resignation from the income criterion while determining the right to the child-support benefit, the application has been decisively shortened. Furthermore, municipal employees are no longer burdened with the necessity to determine income of the family applying for support both, at the start of the benefit period, as well as during such a period. Resignation from the income criterion also means that the scope of statements on the execution of the act submitted by local governments shall be significantly smaller. 

Moreover, the obligation to adjudicate on granting the child-support benefit under an administrative decision is eliminated following the example of a very well received solution in the “Good Start” programme. A person shall receive automatically generated and sent to the email address information on granting the benefit or in case of a lack of email address, the person shall be able to receive the information in person. A failure to receive the information on granting the child-support benefit does not withhold payment thereof.

Another important change with impact on decreasing costs of the task’s execution is moving the benefit period and related period of filing applications.

The introduced changes provide for a significant shift of the moment of filing applications for the child-support benefit to the new benefit period (from July to February), as well as the benefit period itself (hitherto October - September to June - May), as of 2021. It shall allow more rational distribution of work in municipalities providing benefits to families. The hitherto provisions stipulated submitting applications by families for all benefits (the child-support benefit, the good start benefit, family benefits and maintenance fund benefits) at the same time, which caused overload of work at benefits providers, especially in the second half of the year.

It is important that in cases from applications for the child-support benefit filed as of 1 July this year, the right to the child-support benefit shall be stipulated for a special, extended period of time which shall last until 1 May 2021, without the necessity to file another application in 2020. Whereas, as of 2021, a target, annual benefit period shall function, which shall last from 1 June to 31 May of the following year.

 

 

“Family 500 plus” in the European Union

The Family 500 plus programme is compliant with the hitherto Union practice of coordinating social security systems.

If the applicant or the family member indicated in the application stays outside the borders of the Republic of Poland – in a country being a part of the European Union, the European Economic Area or Switzerland, and this departure/stay does not have a tourist, remedial character and is not related to starting by a child education outside the borders of the Republic of Poland, then, the municipality shall forward the application together with documents to the relevant voivode for consideration and determination, if Union provisions on the coordination of social security systems apply.

It is aimed at avoiding the unacceptable in the Union provisions situation of receiving by the same person similar benefits in two states of the EU, EEA or Switzerland at the same time.

 

      Questions and answers (500+ in the EU)

We answer the frequently asked questions.

1. We live with our children in Norway, where my husband and I work. Can we, as Polish citizens, apply for the 500+ benefit?

In the described case the whole family lives in the territory of Norway and thus, payment of all family benefits (the 500+ child-support benefit is such a benefit) should be provided solely on the grounds of the Norwegian legislation.

2. My husband and I work in the Czech Republic, three of our children remain in the grandparents’ custody in Poland. We receive the Czech family benefit for our children. Will be receive 500+?

In compliance with the Union provisions, the priority in payment of all family benefits, including the child-support benefit, has the state of professional activity. Due to performing your professional activity in the Czech Republic, the priority to pay all family benefits (such as the child-support benefit) has the Czech legislation, therefore, family benefits are paid in the Czech Republic. Poland as the second competent state due to the children’s place of residence can only pay so-called differential supplement in case the amount of family benefits granted in the Czech Republic is lower than the amount of benefits due in Poland so that the family receives one, the highest amount of benefits provided for by particular legislations.

3.  My husband works in Germany, where he receives family benefits for our children. I live in Poland with my two children and do not work. Will I receive the 500+ benefit?

In compliance with the Union provisions, the priority to pay all family benefits, including the child-support benefit, has the state in which the professional activity is performed. Therefore, if the spouse works in Germany and you do not work professionally in Poland, the priority for payment of family benefits is vested in the German legislation. Poland, as the second state can only pay the so-called differential supplement in compliance with the explanations given in example 2.

4.  My husband works in Germany. I live with my two children in Poland, where I work. Will I receive the 500+ benefit?

In compliance with the Union provisions, the priority to pay all family benefits, including the child-support benefit, has the state in which the professional activity is performed. In case of employment in two different states, the children’s place of residence is taken into consideration. Therefore, if the spouse works in Germany and you work professionally in Poland, the priority to pay all family benefits, including the child-support benefit, is vested in the Polish legislation. Similarly to the second example, Germany as the second state can only pay the so-called differential supplement.

5.  We live with two children in England, where we both work. One of the children remains in the grandmother’s custody in Poland. Will we receive the 500+ benefit and on how many children?

In compliance with the Union provisions, family benefits are in the first place paid in the state of professional activity and then, the children’s place of residence is taken into consideration. In the described case the state with the priority to pay all family benefits on all children, including also the child-support benefit is the Great Britain. Poland, as the second state can only pay the differential supplement in compliance with the principles explained in example 2.

6.  My ex-husband and father of my first child lives and works in Great Britain. I live in Poland with my current husband, our child and the child from my first marriage. I do not work. Will we receive 500+ benefits for both children?

Due to the fact that the father of your first child stays and works in the territory of Great Britain with regard to family benefits (including also the child-support benefit) for this child the provision on the coordination of social security systems shall apply and the application should be considered by a voivode. Thus, the application for the child-support benefit filed with regard to this child will be sent for consideration by the first competent state (due to the child’s father’s employment) - Great Britain. The local institution should issue a decision with regard to all family benefits due in England. In case the British benefits are lower than the ones due in Poland, the Polish side should issue a decision on the differential supplement (in compliance with example 2). With regard to the second child a decision on the child-support benefit will be issued solely on the grounds of national provisions by the municipality.

General terms and conditions (500 + in the EU)

The Family 500 plus programme is compliant with the hitherto Union practice of coordinating social security systems. It allows limiting cases of undue collection of benefits by persons living abroad.

The act on state aid in raising children stipulates that the child-support benefit shall not be vested if the family is given a similar benefit abroad, unless the provisions on the coordination of social security systems or bilateral agreements stipulate otherwise. Parents filing an application for granting the benefit are obliged to inform of any change influencing the right thereto, including changing the place of residence.

Such measures result from the ban on the accumulation of family benefits stipulated in the Union provisions. In compliance with the aforementioned principle, the applicant shall not be able to simultaneously collect a full amount of benefits in two Member States, however, they shall receive the highest possible amount of benefits stipulated in the legislation of one of those states (usually, the state competent to pay benefits is the one, where work is performed).  If a parent stays in other EU state and files an application for family benefits there, the local authority informs thereof the relevant voivode in Poland. The voivode forwards this information to the relevant municipality.

The family benefits’ coordination mechanism within the provisions on the coordination of the social security systems is not a new solution. It has been in operation as of the day of Poland’s accession to the EU, i.e. for over 15 years and effectively prevents simultaneous collection of the full amount of family benefits on the same children in two states at the same time.

In case the person applies for family benefits in the EU Member State, EEA state or Switzerland, the institution competent in that state submits a question regarding, among others, collecting Polish benefits to the institution in Poland. The same procedure is undertaken by Polish competent institutions in a situation, when the application is filed in Poland and the family member stays or works in other EU state. The information regarding collecting family benefits in other state is shared by the institutions via standard Union documents.

The child-support benefit is coordinated in compliance with the same terms and conditions as other family benefits within the European Union Member States pursuant to the Regulation (EC) no. 883/2004 of the European Parliament and of the Council of 29 April 2004 and the Regulation (EC) no. 987/2009 of the European Parliament and of the Council (WE) of 16 September 2009.