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A petition regarding the care benefit was sent to the Prime Minister
- I kindly ask for clarification on the issue of major shortcomings under the then government and the huge mess created by the shortcomings in social law - the author pointed out
The petitioner wants to restore the previous provisions on care benefits
The Ministry of Family, Labor and Social Policy indicates that there are no planned changes in the granting of care benefits

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A petition regarding care benefits for carers of disabled adults was submitted to the Chancellery of the Prime Minister.

- I kindly ask for clarification on the issue of major shortcomings under the then government and the huge mess of shortcomings in social law that was created. I request the restoration of the "care benefit". Because the current situation gives a lot to think about. Why was this benefit withdrawn? - asks the author of the petition.

- The current benefit does not meet the conditions for a disabled person with a degree of total disability. When it comes to a carer who lost his job because of a disabled person who is incapacitated, with whom he stays at home 24 hours a day. I am currently in a difficult life situation - he adds.

According to the author, benefits are granted at a very slow pace. She also claims that there are very large gaps and neglect in this regard, and she gave the example of "dividing into percentages". - This also does not meet the conditions, because not everyone will receive this benefit from these disabled people - she emphasizes.

At the moment, "the care benefit would come in handy. I don't work. I spend 24 hours a day with a disabled person. I can't go to work sometimes. This benefit would come in handy at the moment, but it's not available because it was abolished. The benefit was available after the age of 18". […] - In addition, the current waiting procedures are very long and also very unfair when it comes to these support benefits, and even then it is not certain whether a given person will receive the benefit because they must already have the 500 plus benefit granted for a disabled person - the author points out.

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Dorota Gierej, deputy director of the Family Policy Department at the Ministry of Family, Labor and Social Policy, responded to the cited petition. As she recalled, "On January 1, 2024, the Act of July 7, 2023 on the support benefit (Journal of Laws, item 1429) entered into force, which changed the current system of benefits for people with disabilities and their carers by introducing into the legal system a modified care benefit intended for carers of disabled children up to 18 years of age, in connection with the amendment of the Act of November 28, 2003 on family benefits, and a new support benefit addressed directly to people with disabilities aged 18 and over."

She explained that the introduction of a new structure of solutions in the system of benefits for people with disabilities and their carers is the implementation of the judgment of the Constitutional Tribunal . In connection with the changes, from 1 January 2024, care benefits under the new rules may be received by people who provide care for people with disabilities up to the age of 18. As the deputy minister pointed out, "in practice, this benefit will be received primarily by parents for caring for disabled children".

At the same time, she emphasized that the Act on Support Benefits contains provisions guaranteeing that caregivers retain their acquired rights to the care benefits they receive, i.e. the right to a care benefit or a special care allowance. On the other hand, people who acquired the right to these care benefits under the old provisions in force before the entry into force of this Act - until December 31, 2023 - may continue to receive these benefits, in accordance with the previous provisions, which were in force until December 31, 2023.

On the other hand, support dedicated to disabled adults and their carers, in light of the solutions included in the aforementioned act on support benefits, is a support benefit addressed directly to a person with disabilities aged 18 and over, after obtaining a decision on the need for support - at a level of 70 to 100 points. Support benefits are support addressed directly to a disabled person, so that an adult disabled person can decide how the support received is to be used, e.g. to cover expenses related to the care provided by their carer - enumerated Deputy Minister Gierej.

At the same time, she noted that this benefit is available regardless of the income earned by the person with disabilities or their family members and independent of other forms of support received by disabled people as well as their carers. - The right to the new support benefit dedicated to adult people with disabilities is also not dependent on the work performed by their carer. The undertaking of professional activity by the carer depends solely and exclusively on their decision, including the life situation or health capabilities of the disabled person they are caring for - she added.

In addition, she explained that " no work is being carried out on changes to the conditions for granting the care benefit described above, in force from 1 January 2024 , the purpose of which would be to return to the unconstitutional principles of granting the care benefit in force before the above-mentioned date."