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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: 10.33226/0032-6186.2024.1.7
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