Auxiliary Benefits Act - what are the new provisions about?

The adoption of a new law, which introduces a disability support allowance, is designed to meet the needs of the most needy people and their families. This decision is intended to provide such people with some compensation for the limitations resulting from the disability. But what exactly is the benefit of support? What will be its height? When and how can you apply for them? We answer all these questions in this article.

What assistance is provided under the new law?

Assistance allowance is a benefit addressed to persons with disabilities who need support to cover part of the costs necessary to meet their special living needs. The rationale for the project points to people who have the greatest difficulty in functioning independently.

Therefore, this benefit is available to every person with a disability (holding an appropriate certificate of disability) who has reached the age of 18 and needs such support.

The benefit, unlike many other programs, will go directly to the disabled, not to their caregivers.

Support Benefit Amount

The amount of the allowance, in accordance with the act signed by the President, will be based on the amount of the social pension (which is currently, from March 1, 2023, PLN 1,588.44 gross) and will depend on the decision determining the appropriate level of need for support for each individual disabled person who needs it.

These decisions will be issued by the voivodeship disability assessment groups, and the total amounts will vary from 40% to 220% of the social pension.

These teams, based on an analysis of the person, their life situation, capabilities and needs, will award points that illustrate the scale of the need for support.

The number of points will depend, among other things, on: the age of the person with a disability, the type of disability, and the ability to independently perform certain activities and tasks related to daily functioning.

The score ranges corresponding to certain social pension percentages should be as follows:

1. 70 to 74 points - 40 percent support advantage. social pension;

2. 75 to 79 points - 60 percent support advantage. social pension;

3. 80 to 84 points - 80 percent support advantage. social pension;

4. 85 to 89 points - 120 percent support advantage. social pension;

5. 90 to 94 points - 180 percent support advantage. social pension;

6. 95 to 100 points - 220 percent support advantage. social pension.

Who will not be eligible for support benefits?

Not all persons with an appropriate disability certificate will be eligible for the new allowance.

The following people will not receive support benefits:

1. Placed in a social welfare home, a family holiday home, a medical institution, a nursing and care institution, a 24-hour care institution for the disabled, the chronically ill or the elderly, a penitentiary institution, a correctional institution, a pre-trial detention center and a juvenile shelter;

2. The right to receive benefits of a similar nature abroad (unless otherwise provided by bilateral social security agreements);

3. Whose other persons are eligible to receive benefits abroad to cover the costs of caring for a person eligible for assistance benefits (unless otherwise provided in bilateral social security agreements).

How can I apply for support benefits?

The support allowance will be paid by the Social Security Administration and applications for it will be submitted to this institution.

Applications can only be submitted electronically and must contain:

1. Relevant data about the disabled person, including his/her name, surname, maiden name, date of birth, address of residence, citizenship, gender, PESEL number (or if the person does not have a PESEL number - the number and series of his identification document), postal address e-mail, phone number and payment account number;

2. Support level decision number.

The above means that the person applying for the support allowance must first obtain a decision from the competent voivodeship disability assessment team. Only in the month in which such a decision becomes final will it be possible to apply to ZUS for a new allowance.

When does the support benefit take effect?

From January 1, 2024, people with disabilities will be able to apply for a support allowance. The law provides for a number of transitional provisions, including the possibility of maintaining existing benefits and allowances on existing conditions.

Changes in care allowances - finally, carers can work!

What is very interesting is that the law, in addition to introducing a new benefit, also changes the benefit already in force in the Polish legal system. It’s about nursing. The legislator has responded to the very loud requests of carers of the disabled in recent months and provided them with the opportunity to engage in professional activities that were previously not possible with this allowance.