The bill provides an introduction of new solutions aimed at improving maintenance enforcement. It constitutes an implementation of the so-called “maintenance package” included in the “Review of family support systems” adopted by the government in 2017.

Maintenance enforcement has been systematically increasing, with an example of improving the enforcement of amounts due to the state budget for benefits paid from the maintenance fund – it increased from almost 13 percent in 2015 to 24.9 percent in 2017 (due to, among others, the amendment of the Penal Code of 2017). Nevertheless, it is necessary to introduce another amendments, as the amount of unenforced liabilities of maintenance debtors – taking into account only the liabilities towards the Treasury due to benefits paid from the state budget in replacement of the unpaid maintenance – still significantly exceeds PLN 10 billion.

Solutions proposed in the bill were aimed at obtaining by judicial enforcement officers the information on incomes generated by maintenance debtors more efficiently on the grounds of the Polish Social Insurance Institution’s data. It is proposed that judicial enforcement officers obtain this information from the Polish Social Insurance Institution free of charge, electronically, together with monthly update thereof in case of changes. The electronic exchange of information with its ongoing update will allow taking by the judicial enforcement officer immediate actions against the maintenance debtor in case such a debtor each time starts legal gainful employment.

Furthermore, it was proposed to amend the provisions of the Code of Civil Procedure regarding increasing sanctions against the employer, who fails to meet all of the obligations related to the seizure of the debtor’s remuneration by the judicial enforcement officer (e.g. did not reply to the judicial enforcement officer’s question regarding the maintenance debtor, did not transfer the seized remuneration directly to the judicial enforcement officer, deducted the seized remuneration in an insufficient amount, did not include the relevant information on seizing the remuneration in the issued employment certificate).

Furthermore, the bill provides for the introduction of the material liability, in a form of a fine, of employers illegally employing workers being maintenance debtors. It should be underlined that the aforementioned fine will apply not only to dishonest employers illegally employing maintenance debtors or paying remunerations to such debtors “under the table”. This solution will enter into force as of activating the National Register of Debtors.

In compliance with the project, educational authorities were also allowed to carry out enforcement on allowances received by maintenance debtors due to business trips – up to 50 percent thereof.

Moreover, the project assumes increasing the income criterion giving rights to benefits from the maintenance fund from PLN 725 to PLN 800 as of 1 October 2019.

New solutions will enter into force on 1 January 2019 with an exception of certain provisions, which will be binding as of other dates.