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Dr Adrianna Szczechowicz-Raś
ORCID: 0000-0001-6598-2103

Doctor in Law, legal counsel, assistant professor at the Faculty of Law and Administration of the University of Warmia and Mazury in Olsztyn, Disciplinary Ombudsman for Student Affairs.

 
DOI: 10.33226/0032-6186.2025.2.6
JEL: K31

The main objective of the article is to analyze two problems presented in the ruling of administrative courts concerning the admissibility of granting care benefits to Ukrainian citizens residing on the territory of the Republic of Poland, whose stay on the territory of the Republic of Poland is recognized as legal under Article 2, Clause 1 of the Act on Assistance to Ukrainian Citizens in Connection with the Armed Conflict in the Territory of that Country. The first issue focuses on the interpretation of the provision of Article 26, Clause 1 of the aforementioned Act in the aspect of the possibility of granting care benefits for adults as well as in connection with the care for adults to Ukrainian citizens. The second concerns the interpretation of the provision of Article 26, Clause 3 of the Act on Assistance to Ukrainian Citizens in relation to the basis for determining the starting date for granting care benefits to Ukrainian citizens. The fundamental thesis states that the provision of Article 26, Clause 1, Point 1 of the Act of 2022 on Assistance to Citizens of Ukraine in Connection with the Armed Conflict on the Territory of that Country does not exclude the granting of care benefits for adults, as well as in connection with the care of adults, while the legal basis for this decision is the provision of Article 26, Clause 3 of the Act on Assistance to Ukrainian Citizens and not Article 24 Clause 2a of the Act on Family Benefits. 

Keywords: care benefits; assistance to citizens of Ukraine; family benefits
DOI: 10.33226/0032-6186.2024.10.8
JEL: K31

The commented judgment of the Provincial Administrative Court in Białystok concerns the issue of granting caregiver allowance to a person from the circle of authorized entities in a situation where another authorized person presents a life estate agreement concluded with a person requiring care. The Provincial Administrative Court in Białystok analyzed the legal nature of the life estate agreement and its possible impact on the possibility of granting caregiver allowance. According to Article 17 of the Act on Family Benefits, it does not matter if the person providing care is bound with the person requiring it by any civil law contract, including a life estate agreement, but whether it belongs to the catalog of persons entitled to the caregiver allowance specified in Article 17 section 1 or 1a of the Act on Family Benefits. According to the author, the presented view deserves approval in the voted judgment that the conclusion of a life estate agreement between one of the persons mentioned in Art. 17 section 1 point 4 of the Act on Family Benefits and the person requiring care does not influence the assessment of meeting the conditions entitling to the caregiver allowance by another of these persons.

Keywords: caregiver allowance; life estate agreement; disabled person; person requiring care
DOI: 10.33226/0032-6186.2024.1.7
JEL: K31, K220

The main purpose of this article is to answer the question of whether the suspension of economic activity can be considered a resignation from employment or other gainful work within the meaning of Article 17 Section 1 of the Family Benefits Act, and hence a premise for granting a carer benefit. Furthermore, the article also presents the interpretation of regulations in this regard presented by administrative courts. The fundamental thesis of this paper states that the interpretation of the term "resignation from employment or other gainful work" should be made on the basis of the provisions on the suspension of economic activity contained in the Act of 6 March 2018 - Entrepreneurs' Law. Welfare authorities wrongly interpret the above provisions in a strict manner, assuming that in the case of conducting non-agricultural economic activity, "resignation" is understood precisely as the deletion of the economic activity from the relevant register. It should be concluded that the suspension of economic activity is in fact a temporary resignation from conducting economic activity, and therefore it is tantamount to resignation from other gainful work, as provided for in Article 17 Section 1 of the Act on Family Benefits.

Keywords: carer benefit; suspension of business activity; resignation from employment or other gainful work
DOI: 10.33226/0032-6186.2023.4.5
JEL: K31

The main purpose of this article is to determine whether a person with the status of an unemployed person (including the right to unemployment benefits) fulfills the 17 Section 1 of the Act of 23 November 2003 on Family Benefits, the premise of resignation from employment or other paid work in order to take care of a disabled person and presentation of the interpretation presented by administrative authorities and administrative courts in this regard. The basic thesis is that the provisions of the Act do not exclude the right to a nursing benefit due to the registration of a person taking care of a disabled family member as an unemployed person at the employment office. The premise for granting the benefit is the finding by the welfare authorities that the care giver did not take up employment or other paid work in the period for which the benefit is claimed, precisely because of the need to perform personal work.

Keywords: nursing benefit; unemployed person; unemployment benefit