Poland - Article 28

I - The resources and income of disabled people.

  1. Are there specific legislative procedures for disabled people to enable them to have a minimum of resources ?
  2. Do laws exist in your country to enable a minimum of resources for people who become disabled during their working lives ?

II - Disability compensation.

I –THE RESOURCES AND INCOME OF DISABLED PEOPLE.

A) An average of 70% of blind and seriously partially-sighted people of working age are unemployed. Are there specific legislative procedures for disabled people in your country to enable them to have a minimum of resources?

In Poland, due to disability that according to Act on Rehabilitation means incapacity to work, one receives a pension, it is the basic benefit, apart from it there are allowances in very small amounts – not sufficient for ensuring a minimum standard of life. The type of pension depends on several factors. There are so called “social pensions” for persons who have become totally incapable to work in childhood so before entering the labour market (up to 18 years, if they study in schools or institutions of higher education up to 25 years). People who are entitled to this pension:
- persons having Polish citizenship living in Polish territory
- foreigners are also entitled to this pension and the conditions are laid down in the proper Act.

 

  • 2 Financial conditions.
  1. Ceiling.
    - Is the allowance means-tested?

    Care allowance does not depend on income. In the case of the other benefits above mentioned income is important.
    In the case of benefits from social care and in the case of family benefit for children the family situation is taken into account in the calculation. In the case of a pension only income of the person entitled to a given benefit is taken into account and not the family situation.

  2. Calculation of financial conditions.

    - If the allowance is means-tested, state under what conditions.

    Note, the amounts presented below reflect the present situation and they may varry.

    In the case of family allowance income per person in family can not exceed the amount of 764PLN, in the case of social assistance benefits one may obtain benefit if the income per family member does not exceed 514PLN and for a single person does not exceed the amount of 634 PLN.

    In the case of pensions this issue is as follows:
    Person receiving social pensions receive this benefit if their income do not exceed 70% of gross average salary (around 2800PLN). In the case of persons receiving pensions due to incapacity to work and family pensions, benefit is reduced if income excees 70% of gross average salary. The pension is completely suspended if earnings exceed 130% of gross average salary (currently about 5200PLN).

  • 3 Amount of the allowance.
  1. Normal rate.

    - What is the amount of the allowance given to people with no other income, state briefly how the allowance varies according to other income or resources.
     

    Social pension is equal for everyone (at present 641,17PLN). Pensions for incapacity to work and family pension depends on the number of years in employment and the amount paid in social security contributions. The lowest amount of the pension is: 882.56 PLN, the lowest pension for partial incapacity to work: 676.75 PLN. Care allowance: 153PLN. When it comes to family allowances, allowance for education and rehabilitation of disabled person – 80PLN (child up to 5 years old), 100 PLN (over 5 and to 24).

  2. Reduction of the allowance.

    - State briefly under what circumstances the allowance may be reduced.

    n/a

 

  • 4 Minimum wage and “poverty line”.

- In order to compare the situation in different EBU member states, please indicate the minimum wage (if this exists in your country) for a full-time worker, and what is considered to be “the poverty line”.

Minimum – 1850PLN in 2012
A subsistence existence minimum – 450PLN/month

  • 5 Payment of the allowance.

 - What are the organisations which calculate and attribute the allowance?

Pensions are calculated and paid by ZUS (Social Insurance Institution). Family allowance and social assistance benefits – fixed amount, paid by local government authorities with resources provided for this purpose from the state budget.

  • 6 Tax treatment of allowances and fringe benefits.
  1. Tax. Is the benefit subject to tax?
    Pensions are taxable, other benefits are not.
  2. Fringe benefits. Does this allowance accord any fringe benefits?
    N/A

B) Do laws exist in your country to enable a minimum of resources for people who become disabled during their working lives?

There is an invalidity pension – people who have become incapable to work during employment or within 18 months after its completion are entitled to it. These benefits covered persons insured in the Polish insurance system.

Such persons must have also worked a sufficient number of years (from 1 to 5 depending on age, persons who have become incapable to work after 30 years old, have to have 5 years in employment during last 10 years.). After age of 67 once retired then becoming incapable to work may only receive care allowance.

II – DISABILITY COMPENSATION.

A visual disability (blindness or serious loss of sight) entails additional costs which must be met. Is there a specific allowance in your country to compensate for these costs?

No, there is no special allowance or benefit for loss of sight, one is entitled only to the above mentioned benefits.