Applications for Family Care Capital may be submitted as from 1 January 2022. The benefit is granted for the second and subsequent children in the family, aged between 13 and 36 months. It is paid in the amount of PLN 1,000 per month for a year or PLN 500 per month for two years – regardless of income.

But what if one parent works abroad? And what if the family lives abroad but is registered in Poland? We explain and answer the most frequently asked questions!

Coordination of social security systems

Family Care Capital is a benefit covered by the EU legislation on the coordination of social security systems. In this context, FCC is a benefit of the same nature as a child-support benefit under the “Family 500+” programme and a family allowance. Pursuant to the EU legislation, it is therefore a typical family benefit.

Note! Unlike the above-mentioned benefits, i.e. “500+” and family allowance, the rules of paying FCC, based on the new regulations, under the EU legislation will be different from the existing ones.

What does this mean in practice?

If an applicant, a member of their family or a second parent of a child stays outside Poland) – in a country of the European Union, the European Economic Area, Switzerland or, in some cases, the United Kingdom, and this departure or stay is not for tourist or medical purposes and is not related to starting education abroad by a child, the applicant will be obliged to indicate in the application information concerning the other parent or member of the family. Their situation may lead to the application of the legislation on the coordination of social security systems in the case.

What is next?

The Social Insurance Institution will provide this application to the voivodeship office in Poland, territorially competent for the family, so as to confirm such determination. The voivodeship office will verify which country has priority in making payments of child benefits, including Family Care Capital. It will also exchange information with foreign institutions, also in the context of possible family benefits received abroad. Regardless of it, only the Social Insurance Institution will be involved in granting the right to Family Care Capital.

The procedure adopted is aimed at avoiding a long waiting time for granting the right to Family Care Capital in cases where the legislation on the coordination of social security systems applies.

Let us analyse specific examples

If a father of children works in Germany and a mother and children live in Poland, will the mother be granted the right to Family Care Capital in the country?

Yes. In this case, the legislation on the coordination of social security systems will apply. The right to capital is granted irrespective of whether Poland is the country of priority to pay the benefits.

However, the applicant is obliged to provide all information known to them which may affect the application the coordination of social security systems in the case, such as employment/residence of a family member or of the other parent of a child in an EU country.

If the whole family of Polish citizens registered in Poland lives in the Czech Republic, will a mother be granted the right to Family Care Capital?

No. If parents reside with their child in the Czech Republic or in another EU country and no parent works in Poland or has the right to benefits in Poland such as, e.g. maternity allowance, unemployment or sickness benefit, Family Care Capital will not be granted in Poland.

In this case, the legislation on the coordination of social security systems will not apply and the family will be subject to the legislation of a country of residence. The right to Care Capital is not granted solely by virtue of citizenship or place of residence in Poland.

A mother of a child lived and worked in the United Kingdom before 1 January 2021, before the United Kingdom’s withdrawal from the EU (Brexit), and this situation has not changed. A father lives with the child in Poland where he pursues business activity. Will the father receive Family Care Capital?

Yes. In the case, the legislation on the coordination of social security systems will apply, since the residence of the mother in the United Kingdom started before 1 January 2021.

The father applying in Poland for the right to Family Care Capital will be obliged to provide information on the mother of the child living in the United Kingdom. However, irrespective of the application of the EU regulations, the right to FCC will be granted in Poland.

A mother of a child receives a disability pension from Italy, she lives in Poland together with the child and a father of the child. The father of the child does not work and is not covered by social security in any other respect, both in Poland and in any other country. Has the mother the right to Family Care Capital in Poland?

Yes. In this case, the legislation on the coordination of social security systems will apply, but Italy has priority to pay the child benefits – due to the disability pension received by the mother. However, regardless of the lack of priority to pay the child support benefits, Family Care Capital will be granted in Poland. The applicant is required to inform in the application of the circumstances in which the disability pension is received in the territory of another Member State.

A father of a child is posted to work in Germany and has an A1 form issued. A mother works in Poland and lives with children in Poland. Will she receive Family Care Capital?

Yes. In this case, the legislation on the coordination of social security systems will apply due to posting of the father resulting from this legislation, but the Polish institution has priority to pay the benefits as the father posted to work in Germany based on the A1 form is still subject to the Polish legislation. The right to Family Care Capital should be granted in Poland. However, in the application submitted the applicant must inform that the father of the child has been posted to work in Germany.