A considerable degree of disability as a negative prerequisite ruling out the granting of a care benefit SK 22/22
Ref. No. SK 22/22
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 18 March 2025
The Constitutional Tribunal, composed of:
Rafał Wojciechowski – Presiding Judge
Bartłomiej Sochański
Jakub Stelina
Bogdan Święczkowski
Andrzej Zielonacki – Judge Rapporteur,
having considered, at a sitting in camera on 18 March 2025 – 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 D.G.’s complaint lodged with the Constitutional Tribunal for it to consider the conformity of:
Article 17(1)(4) of the Act of 28 November 2003 on Family Benefits (Journal of Laws – Dz. U. of 2020, item 111, as amended) – “insofar as it stipulates that a care benefit to compensate giving up employment, or other economic activity, is not granted to a person who, under the provisions of the Family and Guardianship Code [Journal of Laws – Dz. U. of 2020, item 1359, as amended], is obliged to pay maintenance, where it has been established that the person has a considerable degree of disability” – to Article 71(1), second sentence, in conjunction with Article 32(1) in conjunction with Article 2 as well as Article 69 of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 17(1)(4) of the Act of 28 November 2003 on Family Benefits (Journal of Laws – Dz. U. of 2023, item 390, with subsequent amendments), in the version amended by Article 1(5)(a) of the Act of 7 December 2012 amending the Act on Family Benefits and certain other statutes (Journal of Laws – Dz. U, item 1548, as amended), binding until the entry into force of Article 43(4)(a) of the Act of 7 July 2023 r. on Assistance Benefits (Journal of Laws – Dz. U, item 1429, as amended), in the part comprising the wording: “with the exemption of persons with a considerable degree of disability”, is inconsistent with Article 71(1), second sentence, in conjunction with Article 32(1) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Rafał Wojciechowski
Bartłomiej Sochański
Jakub Stelina
Bogdan Święczkowski
Andrzej Zielonacki