Deprivation of the possibility of employment or other paid work in the case of granting the right to a care allowance SK 18/22
Ref. No. SK 18/22
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 25 March 2026
The Constitutional Tribunal, composed of:
Jakub Stelina – Presiding Judge
Wojciech Sych – Judge Rapporteur
Rafał Wojciechowski
Jarosław Wyrembak
Andrzej Zielonacki,
having considered, at a sitting in camera on 25 March 2026 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393) – Mr T.L.’s constitutional complaint, lodged with the Constitutional Tribunal for it to consider the conformity of:
Article 17(1) of the Family Benefits Act of 28 November 2003 (Journal of Laws – Dz. U. of 2020, item 111, as amended) – insofar as “it makes the right to a care allowance contingent on giving up employment or other paid work, which entails that a person providing care, as referred to in Article 17(1) of the Family Benefits Act, may not, without losing the right to a care allowance, take up employment or other paid work in any capacity, regardless of the working hours and the amount of pay – to Article 65(1) of the Constitution,
adjudicates as follows:
Article 17(1) of the Family Benefits Act of 28 November 2003 (Journal of Laws – Dz. U. of 2025, item 1208, as amended), in the version that was in force until 31 December 2023 – insofar as “it makes the right to a care allowance contingent on not taking up or on giving up employment or other paid work for the purpose of taking care of a person with a certificate of a severe degree of disability or a certificate of disability, with regard to whom medical orders comprise: the necessity of constant or long-term care or assistance by another person due to considerably limited self-sufficiency as well as the necessity of the carer’s constant involvement in the daily process of the child’s treatment, rehabilitative care, and education – is inconsistent with Article 65(1) in conjunction with Article 31(3) in conjunction with Article 30 of the Constitution of the Republic of Poland.
The ruling was adopted by a majority vote.
Jakub Stelina
Wojciech Sych
Rafał Wojciechowski
Jarosław Wyrembak
Andrzej Zielonacki