Chapter 1 Family benefits

Article 1

Sec. 1

Person qualified for the family member is entitled to family benefit, on basis defined in the Act.

Sec. 2

A Polish citizen residing on the territory of the Republic of Poland and an alien holding the residence card or the refugee status is considered qualified person, referred to in Sec. 1, if the international agreements do not provide differently.

Article 2

Sec. 1

A person is entitled to the family benefit if an average monthly income per person in the family of the qualified person, obtained in the calendar year preceding the benefit period does not exceed the amount corresponding to 50 per cent of an average monthly income announced by the President of the Central Statistics Office for the pension payments purposes for the same calendar year, with the reservation of Sec. 4.

Sec. 2

The right to the family benefit is established for the twelve-month period - since 1 June until 31 May of the following calendar year - hereinafter referred to as the benefit period. In case an application is lodged during the benefit period, the right to the family benefit is established from the month, in which the right originated, until the end of benefit period, with the reservation of Art. 28.

Sec. 3

In case the permanent source of income is lost before the date the right to family benefit is established, an average monthly income per person in a family is counted with the exclusion of the lost income source.

Sec. 4

A person is entitled to family benefit in the following benefit period, although the income per person in a family exceeds the amount referred to in Sec. 1 if the amount of that exceeding falling on all family members does not compensate the amount of benefit, on the condition that the person was entitled to family benefit in the previous benefit period.

Sec. 5

In case an income is acquired from a farm, a person is entitled to family benefit if not more than 2 conversion hectares falls on a head in the family of the person qualified.

Sec. 6

For the purpose of the Act it is established that the monthly income from 2 conversion hectares is equal to the amount corresponding to 50 per cent of an average monthly income, referred to in Sec. 1.

Sec. 7

The incomes of families maintaining themselves from a farm and other non-agriculture sources are summed up.

Article 3

Sec. 1

Incomes of family members: the person qualified, his/her spouse and children, who remain within a common household are taken into consideration to establish the right to family benefit.

Sec. 2

The incomes, referred to in para. 1, include:

1)incomes subject to natural persons income tax, with the exclusion of amounts of paid alimonies established by sentence or agreement in court,

2)pensions of war victims and disabled soldiers and their families, combatant pensions and pensions of persecuted people and their family members - granted on the basis defined in provisions concerning pensions of war victims and disabled soldiers and their families,

3)combatant benefits and pecuniary performances the persons deported to compulsory work and placed in work camps by the 3rd German Reich or USSR are entitled to, addition to retirement and disability pensions granted to soldiers who worked in mines on the basis of regulations concerning benefit and rights the soldiers of substitute military service employed against their will in coal mines, quarries and uranium ore mining factories are entitled to, incomes arising from retirement and disability pensions received by persons who lost their sight as a result of war operations in years 1939-1945 or explosions of blinds and misfires which remained after that war,

4)Energy lump sum, combatants and other qualified persons are entitled to,

5)received from abroad: disability pensions arising from war handicap, amounts of pensions granted to war victims and their family members, disability pensions arising from accidents of people whose disability originated as a result of compulsory sojourn at work in the 3rd German Reich in years 1939-1945,

6)benefits arising from upbringing children

7)social pension, permanent benefit, permanent compensation benefit and guaranteed periodic benefit,

8)sickness benefits payable on the basis of separate regulations concerning social insurance of farmers and insurance of members of farming production cooperatives, members of farming associations and their families,

9)incomes coming from interstate financial institutions or from resources granted by governments of other countries on the basis of agreements concluded between those institutions or states by the Council of Ministers, competent minister or state agencies, and interests from those incomes or resources located on the fixed time limit accounts,

10)Part of incomes of natural persons who reside on the territory of the Republic of Poland, and stay temporarily abroad and who receive incomes arising from an employment relationships or scholarships - in the amount corresponding to the amount of expenses allowances defined in separated regulations which are in force in state companies and consider covering of official travel costs outside the borders of the country - counted for the period of the work or scholarship,

11)part of incomes of natural persons who reside on the territory of the Republic of Poland, and stay temporarily abroad and who receive incomes arising from other titles than employment relationship or scholarship - in the amount corresponding to the amount of diets defined in separate Acts or regulations issued by a competent minister and concerning diets and other receivables arising from official travels outside the territory of the country, counted for the period these persons received the income,

12)pecuniary receivables payable to soldiers and personnel directed to the Polish contingents in international missions,

13)revenues from the service relationship received during candidate service by the officers of the Police, State Fire Brigade and Boarder Guard,

14)remuneration received by members of farming production cooperatives arising from the cooperative use of land brought in by the farmer,

15)alimonies received for child on the basis of a sentence or agreement in court,

16)scholarships.

Sec. 3

Incomes arising from engagement in economic activity and cooperation with entities engaged in such activity are considered in the amount not lower than amounts, declared by persons receiving those incomes, constituting assessment basis for social insurance premiums, and in case such activity or cooperation does not necessitate the duty of social insurance - amounts not lower than the lowest assessment basis of premiums the insured persons are obliged to pay.

Sec. 4

An average monthly family income is established by dividing by twelve the aggregate amount of incomes received by family members, referred to in Sec. 1, in the calendar year preceding the benefit period.

Article 4

Sec. 1

An average monthly income falling on one person in family is established through dividing the aggregate amount of an average monthly family income by the number of family members: the qualified person, his/her spouse and children remaining within common household.

Sec. 2

The following unmarried person is considered the person bringing up children alone: unmarried woman, bachelor, divorced women, divorced man, widow, or widower.

Sec. 3

The following are considered children as referred to in Sec. 1:

1)own children of the qualified person, children of his/her spouse and adopted children,

2)grandchildren, siblings and other children, the qualified person or his/her spouse has become the legal guardian of,

3)children received by foster family.

Sec. 4

The family remaining within common household also includes:

1)the spouse who is staying in social assistance house if the family pays for his/her stay,

2)children referred to in Sec. 3 who are staying:

a)in boarding school, dormitory or lodging house,

b)social assistance house, orphanage or other centre providing care and education if the family pays for their stay,

3)the spouse or children referred to in Sec. 3 who do not reside together with the qualified person, and who are established the right to family benefit.

Article 5

Sec. 1

In case the number of family members who are staying within common household increases, on the qualified person motion an average monthly income per one person in a family is established once more. The right to benefit is established from the month the right originated, until the end of the benefit period, with the reservation of Art. 28.

Sec. 2

In case the number of family members who are staying within common household decreases, an average monthly income per one person in a family is established once more. The right to benefit is established from the month following the month in which these circumstances occurred.

Sec. 3

The qualified person shall without delay inform the agency paying the benefit about reduction of the number of family members.

Article 6

Sec. 1

In case the source of income referred to in Art. 3, Sec. 2 has been lost by the qualified person or his/her family member who remains within the common household, the right to benefit, on the qualified person motion, is established once more on the basis of an average monthly income falling on one person in the family, with the exclusion of the lost source of income. The right to benefit is established from the month following the month the loss of income source occurred, with the reservation of Art. 28. Provisions of Art. 3 and 4 are applied appropriately.

Sec. 2

In case a new source of income referred to in Art. 3, Sec. 2 is obtained by the qualified person of his/her family member who remains within the common household, the right to family benefit is established once more from the month which follows the full calendar month in which the income from that source was obtained. That right is established on the basis of an average monthly income falling on one person in a family, from the period referred to in Art. 2, Sec. 1, with addition of income per person in a family from the new source in the calendar month it was obtained.

Sec. 3

The qualified person shall immediately notify the agency paying the benefit about obtaining new source of income referred to in Art. 3, Sec. 2.

Article 7

The family benefit may be obtained for children referred to in Art. 4, Sec. 3.

Article 8

Sec. 1

A person is entitled to family benefit for child up to the age of 16. If it is learning at school - until the end of education, however not longer than up to the age of 20 years; if the age of 20 falls on the last or the year before the last year of education at school, a person is entitled to the family benefit accordingly to the end of the current or the following school year.

Sec. 2

In case of break in education caused by illness of the child who still is a pupil or student, the family benefit is paid during the period of this break, with regard to Sec. 1.

Article 9

Sec. 1

The spouse is entitled to the family benefit if he/she fulfils one of the following conditions:

1)provides care to the child who is entitled to nursing benefit,

2)is a woman over 60 years old, or man over 65 years old,

3)is disabled in considerable or moderate degree.

Sec. 2

The family benefit may be obtained for person referred to in Art. 4, Sec. 3 regardless of his/her age when he/she is disabled in considerable or moderate degree if the disability in moderate degree originated in the age qualifying for the benefit.

Article 10

A person is not entitled to the family benefit for a child who:

1)remains in marriage relationship unless the relationship has been concluded between persons who are learning at school,

2)is staying in a social assistance house, orphanage or other centre providing care and education and the family does not pay for his stay,

3)is being educated in a military school or other school ensuring free from charge full boarding (food, accommodation, uniform),

4)is staying in a penal institution or house of correction.

Article 11

Sec. 1

The family benefit may not be obtained for the spouse who:

1)is staying in a social assistance house and the family does not pay for the stay,

2)is staying in a penal institution,

3)obtains gross monthly incomes in the amount equivalent to or higher than the lowest pension benefit in the employment relationship system,

Sec. 2

A spouse is not entitled to the family benefit for the other spouse.

Article 12

Sec. 1

The family benefit may not be granted for the family members residing outside the territory of the Republic of Poland or staying outside the territory of the Republic of Poland for the period longer than 3 months unless the international agreements provide differently.

Sec. 2

Limitations referred to in Sec. 1 are not applied to students studying abroad and family members who are temporarily staying abroad and undergo treatment.

Article 13

Sec. 1

The amount of the family benefit, with the reservation of Sec. 2, is the following:

1)29.10 PLN monthly for a spouse and for the first and second child,

2)36 PLN monthly for the third child,

3)45 PLN for each subsequent child.

Sec. 1a

A person who is bringing up a child alone is entitled to the double amount of the family benefit for this child if the child is entitled to nursing benefit.

Sec. 2

In cases of exceeding the income per head in a family, referred to in Art. 2, Sec. 4, the amount of the family benefit for each person is lowered by the amount of that exceeding. The amount of the family benefit due to be paid is rounded off to 10 Groszy up (1 PLN = 100 Groszy).

Sec. 3

The amount of the family benefit is the subject of valorization in the period since 1 June of each calendar year by the consumption products and services growth index adopted in the Budget Act for a given calendar year, with regard to Sec. 4-8.

Sec. 4

The rate of the family benefit is the subject of rounding off to 10 Groszy up.

Sec. 5

If the factual growth of consumption products and services prices in a given calendar year has been different from that adopted in the Budget Act, the subsequent valorization index is the subject of verification in manner defined in Sec. 6.

Sec. 6

Verification of the subsequent valorization index, referred to in Sec. 3, is based on this index multiplication by verification index, referred to in Sec. 7.

Sec. 7

Verification index constitutes the quotient of factual consumption products and services prices growth in a given calendar year divided by growth index adopted for that calendar year in Budget Act, expressed in per cents rounded off to a hundredth part of per cent.

Sec. 8

The President of the Social Insurance Office announces in the Official Gazette of the Republic of Poland "Monitor Polski" the valorization index and the rate of the family benefit.

Sec. 9

The family benefit, paid to qualified persons by social assistance centres, in specific cases may be paid in material form.

Chapter 2 Nursing benefits

Article 14

Sec. 1

A qualified person is entitled to the nursing benefit according to principles defined in the Act.

Sec. 2

A Polish citizen residing on the territory of the Republic of Poland and an alien holding the residence card or the refugee status is considered qualified person.

Sec. 3

The following persons are entitled to nursing benefit:

1)a child in the age not exceeding 16 years in case a public health care centre establishes that on the account of the state of health he/she requires permanent care on the part of the other person, which is based on nursing or systematic cooperation in treatment or rehabilitation proceedings; such establishment is equivalent to recognition of the child as disabled,

2)a person in the age exceeding 16 years if he/she is disabled in a moderate degree and this disability originated in the age she/he was entitled to the family benefit,

3)a person in the age exceeding 75 years,

4)a person who is disabled in a considerable degree.

Sec. 4

The nursing benefit, a child in the age not exceeding 16 years is entitled to, is paid after that age is attained until education at school is finished, in case it is established that he/she still fulfils conditions defined in Sec. 3, para. 1, however not longer than up to the age of 24 years.

Sec. 5

The Minister of Health and Social Welfare shall define, in the form of ordinance:

1)the states of health referred to in Sec. 3, para. 1,

2)detailed principles, conditions and procedure of issuing certificates which constitute basis to obtain nursing benefit.

Article 14a

Sec. 1

A person who is staying in a social assistance house, orphanage or other institution providing care and education is not entitled to the nursing benefit, with the exception of persons whose family is paying for their stay.

Sec. 2

The nursing benefit shall also be paid for months in which the qualified person did not stay in the institution referred to in Sec. 1 for at least two weeks.

Article 15

Sec. 1

The nursing benefit amounts to 10 per cent of an average monthly income in a calendar quarter preceding the date of last valorization of retirement and disability pensions in the year 1995, with regard to Sec. 2.

Sec. 2

The amount of the benefit is increased employing the retirement and disability pensions valorization index - from the month in which the valorization is effected.

Chapter 3 Procedure in cases of granting and paying family and nursing benefits

Article 16

Sec. 1

Establishment of rights to the family and nursing benefit and their payment is executed on motion of the qualified person, his/her legal representative or other person authorized to his/her representation.

Sec. 2

Also other persons are authorized to submit the motion: social workers and representatives of social organizations if the qualified person is not able to submit such motion or neglects submitting of the motion.

Article 17

Sec. 1

The right to family benefit is established on the basis of:

1)declaration of family income of person applying for granting the benefit,

2)other declarations and evidence necessary to establish the right to benefit.

Sec. 2

The Minister of Labour and Social Policy shall define, by means of ordinance, the pattern of application and establishment of rights to family benefit, pattern of family income declaration, patterns of other declarations and other evidence necessary to establish the right to family benefit referred to in Sec. 1, para. 2.

3)deleted

Article 18

Right to nursing benefit is established on the basis of one of the following documents:

1)certificate of the public health care centre - for children of the age not exceeding 16 years, referred to in Art. 14, Sec. 3, para. 1.

2)adjudication of disability issued on the basis of separate provisions,

3)document certifying the age - in case of persons referred to in Art. 14, Sec. 3, para. 3.

Article 19

Sec. 1

Disability referred to in the Act is established according to principles and procedure defined in regulations concerning employment and rehabilitation of disabled persons.

Sec. 2

Whenever the Act refers to:

1)disability in a considerable degree - it shall be understood also as the full inability to work or to independent existence, adjudicated on the basis of provisions concerning retirement pension of employees and their families, or permanent or long-term inability to work on a farm and to live independently, adjudicated on the basis of provisions concerning social insurance of farmers, in order to acquire benefits defined in these provisions,

2)disability in a moderate degree - it shall be understood also as full inability to work, adjudicated on the basis of provisions concerning retirement pension of employees and their families, or permanent or long-term inability to work on a farm and to live independently, adjudicated on the basis of provisions concerning social insurance of farmers, in order to acquire benefits defined in these provisions.

Article 20

Sec. 1

Rights to family and nursing benefits are established and paid by:

1)employers employing at least 5 employees - to their employees during the period of their employment, and after dissolving the employment relationship - for calendar months in which the employer paid benefit from social insurance in case of illness and maternity,

2)competent organizational entities subordinated to the Minister of National Defence, Minister of Internal Affairs and Administration, the Head of the State Protection Office and the Minister of Justice - to soldiers or officers of those services,

3)President of the Farmers Social Insurance Fund - to persons subject to social insurance of farmers,

4)entities which have concluded agency agreement or mandatory contract - to persons insured by virtue of performing work on the basis of agency agreement or mandatory contract,

5)farmers' production cooperatives - to their members,

6)lawyers' agencies - to lawyers, members of lawyers' agencies,

7)local job offices - to the unemployed and to persons drawing benefits prior to retirement,

8)divisions of the Social Insurance Office - to insured persons other than those referred to in paras 1 and 3-7,

9)competent pension agencies - to persons they pay retirement and disability benefits,

10)competent council organizational entities - social assistance institutions - in other cases.

Sec. 2

Council organizational entities, referred to in sec. 1, para. 10, establish the right to family and nursing benefits and effect those benefits, with the reservation of the provision of Art. 13, Sec. 9, within the framework of entrusted tasks in the scope of government administration on the basis of Art. 9 of Territorial Self-government Act of 8 March 1990 (Journal of Law, No. 16, item 95, No. 32, item 191, No. 34, item 199, No. 43, item 253 and No. 89, item 518, of 1991, No. 4, item 18, No. 110, item 473, of 1992 No. 85, item 428, No. 100, item 499, of 1993, No. 17, item 78 and of 1994, No. 86, item 397).

Sec. 3

Establishment of rights to family and nursing benefits in cases referred to in Sec. 1, paras 2, 3, 8, 9 and 10 is effected in the form of decision.

Article 21

Employers, competent organizational entities subordinated to the Minister of National Defence, the Minister of Internal Affairs and Administration, Head of State Protection Office, the Minister of Justice, entities which have concluded agency agreement or mandatory contract, farmers' production cooperatives, lawyers' agencies, competent financial agencies and government and self-government administration offices are obliged to issue certificate necessary to establish the rights to family and nursing benefit. Such certificates are free from charges.

Article 22

The qualified person drawing family or nursing benefit is obliged to notify about all changes exerting impact on the rights to family or nursing benefit, and on demand of the entity paying the benefit to present appropriate evidence, referred to in Art. 17, Sec. 1, and in Art. 18.

Article 23

The family and nursing benefits paid by employers, entities which have concluded agency agreement or mandatory contract, farmers production cooperatives, lawyers' agencies and local job offices are included into due social insurance premiums, with the exception of benefits the payment of which has been determined as unjustified on the basis of decision of the Social Insurance Office division.

Article 24

Sec. 1

The qualified person who is paid the family or nursing benefit by an employer, entity which has concluded agency agreement or mandatory contract, farmers' production cooperative, lawyers' agency or local job office may file a motion to the Social Insurance Office division for establishing of rights to those benefits and for rendering decision.

Sec. 2

A motion for establishing rights to family and nursing benefits a qualified persons is entitled to and for rendering decision may also be filed to the Social Insurance Office division by employers, entity which has concluded agency agreement or mandatory contract, farmers' production cooperative, lawyers' agency or local job office.

Sec. 3

Decisions referred to in Sec. 1 and 2 are rendered correspondingly by the Social Insurance Office division, competent on the account of the qualified person's place of employment or his/her place of residence.

Article 24a

Sec. 1

Control of conformity with the regulation of the manner the family benefits are paid is vested within the agency which is authorized to render decisions concerning benefits.

Sec. 2

In case doubts are resolved by the agency authorized to render decisions it may subject declaration referred to in Art. 17, Sec. 1 to verification. To this end the agency may in particular order the person who has been granted benefit to place additional explanations or to document the incomes.

Article 25

Sec. 1

The decision of the Social Insurance Office division, President of the Farmers' Social Insurance Fund and other competent pension agency is subject of appeal within the period and according to principles foreseen for benefits from social insurance, defined in separate provisions.

Sec. 2

The appeal against decisions of organizational entities subordinated to the Minister of National Defence, Minister of Internal Affairs and Administration, Head of State Protection Office, Minister of Justice and against decisions of social assistance institutions is executed according to the procedure of Administrative Procedure Code regulations.

Article 26

Sec. 1

The qualified person who has drawn family or nursing benefit without justification is obliged to return it.

Sec. 2

The following are considered amounts of benefits drawn without justification, as interpreted by Sec. 1:

1)benefit amounts paid although circumstances causing cessation of the right to benefit or suspension of its payment in part or in full occurred if the person drawing the benefit has been informed he/she does not hold the right to its drawing,

2)benefit amounts granted or paid on the basis of false testimony or false documents, or in other cases of conscious misinformation by person drawing the benefit.

Sec. 3

The return of amounts of family or nursing benefits drawn without justification cannot be demanded for the period longer than 3 months if the person drawing the benefits informed about the circumstances causing cessation of the right to benefits or suspension of their payment, nevertheless the family or nursing benefits continued to be paid, in other cases - for the period longer than 3 years, counting from the month the undue payment was established.

Sec. 4

Claims arising from drawing family and nursing benefits without justification are the subject of limitation after 3 years, counted from the date the decision establishing payment became final and valid.

Sec. 5

The course of limitation breaks the following procedures: adjourning of the period of payment, allowing the receivables to be paid by instalments and any other action aiming at enforcement of receivables if the debtor has been informed about that action. However, the family and nursing benefits drawn without justification may not be vindicated if 10 years have passed from the date their were drawn.

Sec. 6

The amounts of unduly drawn family or nursing benefits established by legally valid decision rendered according to Art. 20, Sec. 3, and Art. 24 are subject to deduction from paid family or nursing benefits, and in case the right to draw benefits does not exist they are subject to:

1)deduction by pension agency from paid retirement or disability pensions if the that agency has paid them along with retirement or disability pension,

2)enforcement according to provisions concerning executive proceedings in administration - in other cases.

Sec. 7

The amounts of benefits, referred to in Sec. 2, para 2, are subject to return along with interests in the legislative amount defined by the civil law regulations.

Sec. 8

The commitment arising from unduly drawn family or nursing benefits expires as a result of their return to the entity which paid them, referred to in Art. 20, Sec. 1, or of limitation or cessation.

Article 27

Sec. 1

The family or nursing benefits for a given calendar month shall paid no later than up to the 15th day of the following month.

Sec. 2

In case the right to benefits has been acquired for the first time, or in case the rights has been established again, the family or nursing benefits shall be paid not later than up to the 15th day of the month following the month in which the evidence was necessary to pay the benefits was presented.

Article 28

Sec. 1

The family or nursing benefit is paid starting from the calendar month in which the right to benefit originated, however for the period not longer than one month preceding the month the application was lodged.

Sec. 2

If the refusal to pay the family or nursing benefit, or establishment of the benefit amount is the result of mistake made by the entity which pays it, the payment of the benefit may be effected for 3 years at the outmost, counting from the date the application for correction of the mistake was lodged or from the date the decision of the office correcting mistake was rendered.

Article 29

Sec. 1

One member of a family shall be paid only one benefit.

Sec. 2

In case both parents or guardians are entitled to the benefit, the benefit is paid to that parent or guardian who will demand it, with the reservation of Sec. 3.

Sec. 3

If a child does not remain within a common household along with both of the parents, the family benefit shall paid to the parent the child stays with.

Sec. 4

In case a person is entitled to both the family benefit and the family addition paid in foreign currency, the employees of the Polish diplomatic institution and consular offices are entitled to, the benefit chosen by the person shall be paid.

Article 30

Sec. 1

The qualified person shall be paid only one nursing benefit.

Sec. 2

In case a person is entitled to both the nursing benefit and to nursing addition to the retirement or disability pension, the nursing benefit shall be paid, with the reservation of Sec. 3.

Sec. 3

The nursing benefit shall paid since the month in which the retirement or disability pension was granted, or since the month following the month in which the nursing benefit ceased to be paid.

Article 31

In case of death of the qualified person before the due family or nursing benefit is received, it shall be paid to the qualified spouse or children he/she ran the common household with.

Article 32

Sec. 1

Employer or the local job office which pays family and nursing benefits is obliged to:

1)run documentation concerning benefits payment,

2)apply to the Social Insurance Office divisions for establishment of rights to benefit in doubtful cases,

3)present or provide access to all documents concerning benefit payment - to review agencies of the Social Insurance Office and other agencies authorized to review, and provide in these matters necessary explanation and information,

4)effect or suspend payment of benefit on the request of the Social Insurance Office division.

Sec. 2

A social assistance institution, the Social Insurance Office division, Farmers Social Insurance Fund and other pension agencies shall be obliged to run documentation concerning payments of family and nursing benefits.

Article 33

The Social Insurance Office and its branches control whether the family and nursing benefits are paid by employers and local job offices according to regulations.

Article 33a

The family and nursing benefits may be paid to persons who pay social insurance premiums individually on their motion, through reduction of receivables arising from social insurance premiums by amounts of the due benefits.

Article 34

The Minister of Labour and Social Welfare shall define, by means of ordinance, the detailed principles and procedure of family and nursing benefits payment.

Chapter 4 Financing of family and nursing benefits

Article 35

Sec. 1

The family and nursing benefits are financed from the state budget.

Sec. 2

The minister of finances shall define, by means of ordinance, the detailed principles of financing expenses on family and nursing benefits.

Chapter 5 Amendments to regulations in force

Articles 36-57 are omitted.

[They introduced amendments to the following acts: Penitentiary Staff Act of 10 December 1956; Authors and their Families' Pensions Act of 27 September 1973, War Victims and Disabled Soldiers and their Families' Pensions Act of 29 May 1974, Soldiers Pays Act of 17 December 1974, Accidents at Work and Occupational Diseases Act of 12 June 1975; Social Insurance of Persons Working on the Basis of Agency Agreement or Mandatory Contract Act of 19 December 1975, Social Insurance of Farmers' Production Cooperatives and Farmers' Associations Members and their Families Act o 4 March 1976 (in the form of decree); Social Insurance of Persons Engaged in Economic Activity and their Families Act of 18 December 1976; the Bar Law of 26 May 1982; Employees and their Families' Pensions Act of 14 December 1982; Miners and their Families' Pensions Act of 1 February 1983; Social Insurances Organization and Financing Act of 25 November 1986; Social Insurance of Priests Act of 17 May 1989, State Protection Office Act of 6 April 1990; Police Act of 6 April 1990; Boarder Guard Act of 12 October 1990; Farmers Social Insurance Act of 20 December 1990; Combatants and Persons who are Victims of War and Post-War Period Persecution Act of 24 January 1991; State Fire Brigade Act of 24 August 1991; Retirement and Disability Pensions Revalorization Act of 17 October 1991; Professional Soldiers and their Families' Pensions Act of 10 December 1993; Police, State Protection Office, Border Guard, State Fire Brigade and Penitentiary Staff Officers and their Families' Pensions Act of 18 February 1994.]

Article 58

The Family Insurance Decree of 28 October 1947 is invalidated (Journal of Law, No. 66, item 414, of 1950 No. 20, item 170, No. 36, item 333, and of 1989, No. 35, item 192).

Chapter 6 Final and transitional provisions

Article 59

The right to family benefit for the period since 1 March 1995 to 31 August 1995 is established on the basis of family income acquired in the 4th quarter of 1994, taking 50 per cent of an average monthly income in national economy, announced for pension purposes in 4th quarter of this year as the upper income limit per person in a family.

Article 60

The family income may be paid for all children who received family income up to date the Act comes in force, regardless the age, in case their were disabled persons of the 2nd class, and the disability originated before the 25th year of age, provided the other condition defined in the Act are fulfilled.

Article 61

(It provided that the Act should come in force on 1 March 1995, however the provisions of Art. 13, Sec. 3-8 come in force on 1 March 1996).

Comments:
This is an unofficial consolidation. The Act was first published in the Journal of Law of the Republic of Poland (JLRP) of 1995, No. 4 as item 4. Article 13, Sec. 3-8 entered into force on 1 March 1996 and the rest on 1 March 1995. The amendments included here are: JLRP of 1995, No. 138 item 681 and JLRP of 1997, No. 93 dated 27 June 1997, item 569. Article 13, sec. 1, paras 1-3 of the 1997 Amendment entered into force on 1 January 1998 and the rest entered into force on 1 September 1997.
Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.