Dz.U.2012.1228
2014.05.15
amended
Dz.U.2014.567
Article 22
ACT
of 7 September 2007
on assistance for persons entitled to maintenance
(consolidated text)
Considering that
providing means of support for individuals who are unable to independently satisfy their
needs, especially children, is in the first place the obligation of members of their family set
forth in the Family and Guardianship Code,
the constitutional principle of subsidiarity imposes on the state the obligation to support
only those poor people, who are not able to independently satisfy their needs and do not
receive due support from people belonging to the group of those obliged to support them,
supporting people being in a difficult financial situation due to inability to enforce child
support should be combined with measures aimed at increasing the accountability of people
liable for alimony, the following provides that:
Chapter 1
General Provisions
Article 1. 1. The Act shall define:
1) the principles of the state aid to persons entitled to maintenance under a writ of
execution, in the event of ineffectiveness of enforcement;
2) the conditions for entitlement to cash benefits paid in the case of ineffectiveness of
enforcement of maintenance, hereinafter referred to as "benefits from the alimony
fund";
3) the principles and procedures for granting and payment of benefits from the alimony
fund;
4) the principles of financing benefits from the alimony fund;
5) actions undertaken against alimony debtors.
2. The alimony fund is a system for supporting persons entitled to maintenance funds
from the state budget.
3. The alimony fund is not a fund, within the meaning of the public finance.
Article 1a. 1. Benefits from the alimony fund shall be granted to:
1) Polish citizens;
2) foreigners:
a) (repealed),
b) if it results from bilateral agreements on social security binding for the Republic of
Poland,
c) residing on Polish territory on the basis of a permanent residence permit, residence
permit for a long-term resident of the European Union, and temporary residence
permits granted in connection with the circumstance referred to in Article
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186(paragraph 1) point 3 of the Act of 12 December 2013 on foreigners (Dz. U. item
1650),
d) residing within the Polish territory in connection with obtaining a refugee status or
subsidiary protection.
2. Benefits from the alimony fund shall be granted to persons referred to in paragraph 1
if they reside on the Polish territory for a benefit period in which they receive benefits from
the alimony fund, unless the bilateral international agreements on social security provide
otherwise.
Article 2. Whenever in the Act any reference is made to:
1) administrative enforcement body- shall mean a proper enforcement authority
responsible for enforcement proceedings agreed established under the provisions of the
Act of 17 June 1966 on enforcement proceedings in administration (Dz.U. of 2012 items
1015 and 1166);
2) ineffectiveness of enforcement - shall mean execution, as a result of which within the
last two months no full amount of the arrears and ongoing maintenance obligations was
enforced; ineffective enforcement is also considered the inability to instigate or conduct
maintenance execution against the alimony debtor being outside the Republic of Poland,
in particular due to:
a) lack of the legal grounds to undertake actions to comply with a writ of execution in
the place of residence of the debtor,
b) for the inability to identify the place of residence of the alimony debtor abroad by the
entitled person;
3) alimony debtor - shall mean a person obligated to support under a writ of execution,
against whom enforcement was ineffective;
4) income - shall mean income referred to in the legislation on family benefits;
5) family income - shall mean family income referred to in the legislation on family
benefits;
5a) income of a family member- shall mean the average monthly income of a family
member reached in the calendar year preceding the benefit period, subject to Article 9
paragraphs 3-4a;
6) institution providing round-the-clock maintenance - shall mean a social assistance
house, care and education centre, youth education centre, hostel for minors, reform
centre, remand centre, prison, care and treatment centre, care centres, cadet school or
other school, if these institutions provide free full maintenance;
7) unduly collected benefit - shall mean benefits from the alimony fund that is:
a) paid despite circumstances causing the cessation or withholding of benefit payment,
either in full or in part,
b) granted or paid in the case of fraudulent misrepresentation of a person collecting
these benefits,
c) paid without legal basis or with in serious infringement in the case of ineffectiveness
of the decision granting the benefit or if due to the resumption of the proceedings, the
decision granting the benefit was rescinded and the right to benefit was denied,
d) paid, if the entitled person, during their collection, received, outstanding or ongoing
maintenance to the amount of maintenance received in that period, not in line with
the sequence set out in Article 28,
e) (revoked);
8) benefit period - shall mean the period for which the right to benefit from the alimony
fund is established, i.e. from 1 October to 30 September of the following calendar year;
9) authority competent for the debtor - shall mean the voit, a mayor or a president of the
city competent for the place of the alimony debtor's residence;
10) competent authority of the creditor - shall mean the voit, a mayor or a president of the
city competent for the place of residence of an entitled person;
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11) entitled person - shall mean a person entitled to maintenance from the parent under a
writ of execution originated in or approved by the court if the execution proved
ineffective;
12) family - shall mean the following members of the family respectively: parents of an
entitled person, spouse of a parent of an entitled person, a person with whom the parent
of an entitled person brings up a child, dependent children below 25 years of age, as
well as a child older than 25 years of age with a certificate of high level of disability if,
due to the disability, they are entitled to care benefit or special attendance allowance
referred to in the Act of 28 November 2003 on family benefits (Dz.U. of 2013 item 1456
as amended ) or caretaker's benefit referred to in the Act of 4 April 2014 on determining
and payment of benefits for caretakers (Dz. U. item 567) as well as the entitled person;
family members do not include:
a) a child under the custody of a legal custodian,
b) a child who is married,
c) (repealed),
d) a parent of an entitled person obliged under a writ of execution originating in or
approved by the court for maintenance for them;
13) school - shall mean a primary school, secondary school, post-secondary school and art
school, where the compulsory education is implemented and an obligation to study, as
well as a special training-educational centre, a special educational centre for children
and youth requiring special organisation of study, methods of work and education and a
centre enabling children and young people who are profoundly mentally handicapped to
perform the compulsory education obligation and the obligation to study;
14) university – shall mean a higher school within the meaning of Law on Higher Education,
as well as teacher training college, teacher training college of foreign languages, and
social services’ employees college;
15) (repealed);
15a) employment or other gainful activity – shall mean performing work under
employment contract, service relationship, home based work contract, and performing
work or providing services under agency contract, contract of mandate, contract for a
specific work or in the period of membership in agricultural cooperative, agricultural
circles cooperative or agricultural services cooperative, as well as conducting nonagricultural business activity
16) high level of disability – shall mean:
a) high level of disability within the meaning of the provisions on vocational and social
rehabilitation and employment of disabled persons,
b) total incapacity to work and independent life ordered in accordance with the
provisions on retirement and disability pensions from the Social Insurance Fund,
c) permanent and long-term incapacity to work in an agricultural holding and to
independent life ordered in accordance with the provisions on farmer’s social
insurance in order to receive benefits specified in the above-mentioned provisions,
d) having a certificate of 1st disability class,
e) incapacity to independent life ordered in accordance with the provisions on
retirement and disability pensions from the Social Insurance Fund or the provisions on
farmer’s social insurance,
17) loss of income – shall mean the loss of income caused by:
a) entitlement to parental leave,
b) loss of entitlement to unemployment benefit or scholarship,
c) loss of employment or other gainful activity, with the exception of work performed
under the contract for a specific work,
d) loss of pre-retirement allowance or benefit, teachers' compensation benefits, as well
as retirement and disability pension, survivor’s pension or social pension, with the
exception of pensions granted to farmers due to transfer or lease of an agricultural
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holding,
e) unregistering non-agricultural business activity,
f) loss of sickness benefit, rehabilitation benefit or maternity benefit, granted after the
loss of employment or other gainful activity;
18) obtaining income – shall mean obtaining income as a result of:
a) end of parental leave,
b) entitlement to unemployment benefit or scholarship,
c) employment or other gainful activity
d) obtaining pre-retirement allowance or benefit, teachers' compensation benefits, as
well as retirement and disability pension, survivor’s pension or social pension, with
the exception of pensions granted to farmers due to transfer or lease of an
agricultural holding,
e) registration of non-agricultural business activity,
f) obtaining sickness benefit, rehabilitation benefit or maternity benefit, granted after
the loss of employment or other gainful activity.
Chapter 2
The principles of the state aid for the persons entitled to maintenance under a writ
of execution in the case of ineffectiveness of enforcement and actions taken
against alimony debtors
Article 3. 1. In the case of ineffectiveness of enforcement, the entitled person may
submit to the competent authority of the creditor an application for action against the
alimony debtor.
2. The application should be accompanied by a certificate of an authority conducting the
enforcement proceedings confirming ineffectiveness of enforcement and containing
information about the execution, the reasons of its ineffectiveness and any actions taken in
order to enforce the awarded maintenance.
3. In the case of an application without the certificate of an authority conducting
enforcement proceedings, a competent authority of the creditor calls on the authority
conducting the enforcement proceedings to send a certificate proving ineffectiveness of
enforcement, containing information on the status of enforcement, the reasons for its
ineffectiveness and any actions taken in order to enforce the awarded maintenance.
4. The authority conducting the enforcement proceedings is obliged to send the
certificate within 14 days from the date of receipt of the request.
5. The competent authority of the creditor makes an application to the competent
authority of the debtor to undertake action against the alimony debtor in case of:
1) receiving the application referred to in paragraph 1;
2) granting benefits from the alimony fund to the entitled person;
3) placing the entitled person in foster care.
6. The authority conducting the enforcement proceedings shall be obliged to notify the
competent authority of the debtor and the competent authority of the creditor about the
state of enforcement and the reasons for its ineffectiveness each time at the request of
these authorities, within 14 days from the date of receipt of the call as well as each time in
the event circumstances affecting the right to benefit or actions taken against the alimony
debtors, within 14 days of the date of being informed about the existence of those
circumstances.
7. The competent authority of the debtor and the competent authority of the creditor
shall communicate any information relevant to the enforcement to the authority conducting
the enforcement proceedings.
8. The competent authority of the debtor and the competent authority of the creditor
shall inform the court about omission or any signs of tardiness of the court executive officer
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conducting the enforcement proceedings against the alimony debtor.
Article 4. 1. Upon receipt of the application referred to in Article 3(paragraph5), the
competent authority of the debtor shall carry out a maintenance interview in order to
determine the family situation, income and professional situation of the alimony debtor as
well as his state of health and the reasons for failure to pay the maintenance to the entitled
person, it shall receive his financial standing declaration and shall inform the debtor about
forwarding to the credit information bureau of any business information about the obligation
or obligations of the alimony debtor under the titles referred to in Article 28(paragraph 1)
points 1 and 2, in the event of arrears for a period longer than 6 months.
2. The alimony debtor shall file a declaration referred to in paragraph 1 under penalty of
prosecution for perjury, of which he should be informed prior to filing of a declaration.
3. (Repealed).
4. The competent authority of the debtor may apply to the head of a social assistance
centre for information referred to in paragraph 1 concerning the alimony debtor if the head
of the centre is in possession of a family history survey concerning that debtor, conducted
on the basis of the social welfare, not earlier than three months from the date of application
for information.
5. The minister responsible for social security shall determine, by regulation, the model
of the questionnaire for a maintenance interview conducted at alimony debtor and an
example of financial standing declaration of the alimony debtor, in consideration of the need
to undertake actions by the competent authority of the debtor specified in the Act aimed at
improving maintenance enforcement.
Article 5. 1. The competent authority of the debtor shall forward to the court executive
officer any information having impact on the effectiveness of the conducted executions, in
particular those included in a child maintenance interview and the financial standing
declaration of the alimony debtor.
2. If the alimony debtor cannot fulfil his obligations due to lack of employment, the
competent authority of the debtor:
1) requires the alimony debtor to register as unemployed or as a person looking for a job if
it is not possible to register as unemployed;
2) informs the competent district employment office about the need of professional
activation of the alimony debtor.
3. In the case when the alimony debtor makes it impossible to carry out a maintenance
interview or refused to:
1) submit a financial standing declaration,
2) register in the district employment office as unemployed or looking for a job,
3) accept a proposal of a suitable employment or another gainful activity, performance of
socially useful works, intervention works, public works, works on terms of public works
or participation in a training, internship or professional training for adults, without any
reasonable cause as defined by the regulations on employment promotion and labour
market institutions,
- the competent authority of the debtor shall initiate proceedings concerning recognition of
the alimony debtor as avoiding maintenance obligations.
3a. The decision recognising the alimony debtor as avoiding maintenance obligations
shall not be issued towards the alimony debtor, who for the last 6 months fulfilled the
maintenance obligations in every month in the amount not lower than 50% of the currently
determined maintenance.
3b. If the decision recognising the alimony debtor as avoiding maintenance obligations
becomes final, the competent authority of the debtor sends an application to the district
starost on suspending the driving licence of the alimony debtor, enclosing a copy of this
decision, as well as submits an application for prosecution for an offence referred to in
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Article 209(1) of the Act of 6 June 1997 - the Criminal Code (Dz.U. no.88, item 553, as
amended).
4. In the cases referred to in paragraph 3 points 2 and 3, the starost is obliged to notify
the competent authority of the debtor about this fact.
4a. The competent authority of the alimony debtor forwards to a district employment
office information about the loss of the status of an alimony debtor or cessation of the need
to professionally activate the alimony debtor.
5. On the basis of the application referred to in paragraph 3b, the starost shall issue a
decision on suspending a driving licence.
6. Cancellation of the decision on suspending a driving licence shall take place at the
request of the competent authority of the debtor addressed to the starost when:
1) the cause for suspending a driving licence referred to in paragraph 3 ceases, and the
alimony debtor fulfilled the maintenance obligations for the period of the last 6 months
in every month in the amount not lower than 50% of the currently determined
maintenance or
2) the status of an alimony debtor is lost.
Article 6. The competent authority of the debtor informs the competent authority of the
creditor and the executive officer about the actions undertaken against the alimony debtor
and their effects.
Article 7. 1. In any cases regarding maintenance claims, the competent authority of the
creditor or the competent authority of the debtor can file an action for the benefit of the
citizens.
2. In the proceedings before the court instituted with the lawsuit of the competent
authority of the creditor or the competent authority of the debtor respectively, the
regulations concerning the participation of a prosecutor in civil proceedings shall be applied
to these authorities.
Article 8. The court sends to the competent authority of the creditor and the competent
authority of the debtor rulings issued under Article 132 and 138 of the Act of 25 February
1964 - the Family and Guardianship Code (Dz.U. of 2012 item 788) in cases where an
entitled person receives a benefit from the alimony fund, within 14 days from the date of the
ruling becoming final and binding.
Article 8a. The competent authority of the creditor forwards to the credit information
bureau any business information about an obligation or obligations of the alimony debtor
under the titles referred to in Article 28(1) points 1 and 2, in the event of arrears for a
period longer than 6 months.
Article 8b. The competent authority may authorise in writing their deputy, an office
employee or a director of a social assistance centre or of another gmina’s organisational unit
and another person upon request of a director of a social assistance centre or of another
gmina’s organisational unit to undertake actions in relation to the alimony debtors, conduct
proceedings and issue decisions in such cases.
Article 8c. The provision of Article 8b shall apply accordingly to the competent
authority of the creditor with regard to implementation of the obligation specified in Article
8a.
Article 8d. Upon receipt of the application of the Polish central authority, acting on the
basis of Article 51(2)(c) and Article 53 of the Council Regulation (EC) no. 4/2009 of 18
December 2008 on jurisdiction, applicable law, recognition and enforcement of rulings and
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cooperation in the scope of maintenance obligations (EU Journal of Laws L 7 of 10 January
2009, page 1 as amended), the competent authority of the debtor shall carry out a
maintenance interview in order to determine the family situation, income and professional
situation of the alimony debtor as well as his state of health and the reasons for failure to
pay for maintenance of the entitled person, and receives the financial standing declaration.
Chapter 3
The terms of the acquisition of the right to benefit from the alimony fund
Article 9. 1. Benefits from the alimony fund shall be granted to the entitled person until
he reaches the age of 18, or if he study at school or university until he reaches the age of
25, or if he has the certificate of high level of disability - for indefinite time.
2. Benefits from the alimony fund shall be awarded if the family income per person in a
family does not exceed the amount of PLN 725.
3. In the case of the loss of income by a family member in the calendar year preceding
the benefit period or following the year, the lost income shall not be considered while
calculating income.
4. In the case of obtaining income by a family member in the calendar year preceding
the benefit period, while calculating the income of the family member, this year's income
shall be divided by the number of months when this income was generated if this income is
earned on the date of granting benefits from the alimony fund.
4a In the case of obtaining income by a family member after the calendar year
preceding the benefit period, the income shall be calculated on the basis of income of the
family member increased by the amount of earned income from the month following the
month the income was obtained if this income is earned on the date of granting benefits
from the alimony fund.
5. (repealed).
6. If a family member stays in the institution providing round-the-clock maintenance, a
person staying in the institution shall not be considered in the calculation of the family
income per person.
7. In the case of calculating income from agricultural holding, it is assumed that income
in the amount of 1/12 of income announced on a yearly basis by way of an official
announcement of the President of the Central Statistical Office in accordance with Article 18
of the Act of 15 November 1984 on agricultural tax (Dz.U. of 2006 No. 136, item 969, as
amended)
8. While calculating family income from agricultural holding, leased agricultural areas
shall be included in the area of an agricultural holding being the agricultural tax basis, with
the exception of:
1) part or the whole agricultural holding possessed by the family leased, under the lease
contract concluded in accordance with the provisions on farmer’s social insurance;
2) an agricultural holding brought to be used by agricultural cooperative;
3)
an agricultural holding leased due to receiving disability pension specified in the
provisions on the rural development support with funds from the Guarantee Section of the
European Agricultural Guidance and Guarantee Fund.
9. While calculating the family income obtained by a lessee of an agricultural holding
leased in accordance with the rules referred to in paragraph 8a, income obtained from an
agricultural holding shall be decreased by rent.
10. While calculating the family income obtained from an agricultural holding leased
from the Agricultural Property Agency, income obtained from the agricultural holding shall
be decreased by rent.
11. If a family obtains income from an agricultural holding and non-agricultural income,
the above-mentioned incomes shall be aggregated.
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12. In the case of a person under legal custody entitlement to family benefits shall be
granted only on the basis of the person’s income.
Article 10. 1. Benefits from the alimony fund shall be granted in the amount of the
currently set maintenance, however, not higher than PLN 500.
2. Benefits from the alimony fund shall not be granted if the entitled person:
1) is placed in an institution providing round-the-clock maintenance or in foster care;
2) (no longer valid);
3) is married.
3. When determining the right to benefits from the alimony fund, the family income
shall not include the amounts received from benefits from this fund.
4. If the social assistance centre had informed the competent authority that the entitled
person or their representative squandered the awarded benefits from the alimony fund, the
competent authority of the creditor may award the due benefits , in full or in part to the
person as in kind assistance.
Article 11. When determining the right to benefits from the alimony fund and their
amount:
1) in the event of determining the total amount of maintenance for several entitled people,
the amount of maintenance granted to one person shall be considered a part of the
aggregate amount proportional to the number of persons for whom the maintenance
has been determined;
2) in the event of determining child support with more than one writ of execution from the
child's parents, the amount of child support granted to one person is considered to be
the amount of child support granted on the basis of all the writs of execution.
Article 12. 1. Proceedings concerning the benefits from the alimony fund are conducted
by a competent authority of the creditor.
2. The competent authority of the creditor may authorise, in a written form, their
deputy, an office employee or the director of the social assistance centre or another gmina’s
organisational unit as well as another person upon request of the director of the social
assistance centre or another gmina’s organisational unit to conduct proceedings in cases
referred to in paragraph 1 as well as to issue decisions in such cases.
3. (repealed).
3a (repealed).
4. (repealed).
Article 13. (repealed).
Article 14. The Council of Ministers, by way of a regulation, may increase the amounts
referred to in Article 9(2) and Article 10(1), bearing in mind the amount of paid maintenance
benefits.
Chapter 4
The principles and procedures for the granting and payment of benefits from the
alimony fund
Article 15. 1. Awarding entitlement to benefits from the alimony fund and their
payment shall be made respectively upon the application of the entitled person or his
statutory representative.
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2. The application shall be submitted in the gmina office or the city office competent for
the place of residence of the entitled person.
3. The application should include:
1) data concerning family members, including: first and last name, date of birth, PESEL
number, and in the event of no PESEL number assigned - the series and number of an
ID card or a passport;
2) the applicant's statement on providing the enforcement authority with any information
known to him necessary to conduct the enforcement proceedings against the alimony
debtor;
3) the applicant's statement about the place of residence, age, employment and economic
situation of persons liable to a person entitled to maintenance.
4. The application should be accordingly supplemented by:
1) taxable income statement in accordance with the principles specified in Article 27, 30b,
30c and 30e of the Act of 26 July 1991 on personal income tax), of every family member
(Dz.U. of 2012 item 361, as amended), issued by the head of the competent tax office,
providing information about the amounts of income,
b) social insurance contributions deducted from income,
c) due tax;
2) certificates or statements documenting the amount of other income;
3) other certificates or statements and the evidence necessary to determine the right for
benefits, including:
a) a document certifying the age of the entitled person,
b) certificate of an authority conducting the enforcement proceedings or a statement of
ineffectiveness of enforcement,
c) certificate of high level of disability,
d) a copy of a final judgment of the court that orders maintenance, a copy of a judgment
of the court on the security for maintenance claim, a copy of a protocol with the
content of a court settlement, or a settlement concluded before the mediator,
e) family court's decision on determining a legal guardian for the entitled person,
f) certificate or a statement of the entitled person's attendance at school or university,
g) information of a competent court or a competent institution about the entitled person
undertaking actions related to the writ of execution enforced abroad or on failure to
perform these actions in particular in connection with:
– lack of legal basis to perform them
– impossibility of the entitled person to indicate the place of residence of the alimony
debtor abroad,
h) certificate or statement concerning health insurance contributions.
4a. In the case of loss of income or obtaining income, documents proving its loss or
generation and its height shall be supplemented to the application for benefit from the
alimony fund.
5. In the case of submitting an application without the certificate referred to in
paragraph 4 point 3 letter b, the competent authority of the creditor shall apply to the
authority conducting the enforcement proceedings with a request to send a certificate
proving ineffectiveness of enforcement.
6. The authority conducting the enforcement proceedings is obliged to send a certificate
proving ineffectiveness of enforcement within 14 days from the date of receipt of the
request.
7. The person submitting the application for awarding benefits from the alimony fund
shall submit a statement referred to in paragraph 3 points 2 and 3 and paragraph 4 points 1,
2 and point 3 letter b and f, under penalty of prosecution for perjury. A person submitting
the statement is obliged to include the in it following clause: "I am aware of criminal liability
for perjury." This clause supersedes the instruction of the authority on criminal liability for
perjury.
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8. For performing tasks in the area of benefits, public administration offices use software
compliant with the requirements specified by the minister competent for social security in
the provisions issued in accordance with paragraph 10, and prepare reports that they submit
to the voivode.
8a. The minister competent for family affairs shall be obliged to create a central register
covering the following information collected in accordance with the provisions of the act by
the competent authorities and self-governments of the voivodeships while performing tasks
in the area of family benefits:
1) data concerning persons receiving family benefits:
a) name and surname,
b) date of birth,
c) residence or stay address,
d) place of residence or stay,
e) PESEL (Personal Identification No.),
f) number of the personal identification document in the case of persons who do not
have PESEL no.,
g) marital status,
h) citizenship,
i) degree of kinship with the family members,
j) the type of school attended by the child receiving a family benefit or a person in
education,
k) health condition,
l) number, type and amounts of the benefits paid,
m) gender,
n) income;
o) the amount of awarded maintenance,
p) the level of enforcement of awarded maintenance;
2) data concerning alimony debtors and undertaken actions:
a) name and surname,
b) date of birth,
c) residence or stay address,
d) place of residence or stay,
e) PESEL (Personal Identification No.),
f) number of the personal identification document in the case of persons who do not
have PESEL no.,
g) marital status,
h) citizenship,
i) degree of kinship with the family members,
j) health condition,
k) education,
l) profession,
m) employment,
n) a person or persons, for whom the maintenance is awarded (name and surname,
PESEL number) and the amount of adjudged maintenance,
o) the level and type of liabilities of the debtor due to unenforced maintenance,
p) financial standing of the debtor,
r) a driving licence of the debtor,
s) the type of actions taken against alimony debtors.
8b Information referred to in paragraph 8a may be processed by the minister competent
for family affairs on the terms of the Act of 29 August 1997 on personal data protection
(Dz.U. of 2002, No. 101 item 926, as amended). The competent authorities of the creditor
and the competent authorities of the debtor shall forward data for the central registry, using
the software referred to in paragraph 8.
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9. The minister competent for social security shall determine, by way of ordinance:
1) the manner and the procedure in cases for granting benefits from the alimony fund and
withholding its payment;
2) the manner of calculating income that entitles to benefits from the alimony fund;
3) templates:
a) the application for determination of entitlement to benefits,
b) certificates from the tax revenue office referred to in paragraph 4 point 1,
c) family income declaration, including declarations of persons subject to the provisions on
flat-rate income tax from some revenues of natural persons, and other declarations and
proofs necessary to determine the right to benefits,
d) certificate of an authority conducting enforcement proceedings concerning
ineffectiveness of enforcement containing information on the state of enforcement,
the reasons for its ineffectiveness and any actions taken in order to enforce the
adjudged maintenance
- following the need of efficiently award of benefits from the alimony fund and ensuring
proper documentation.
10. The minister competent for social security in consultation with the minister
competent for computerisation shall specify by way of ordinance:
1) description of ICT systems used public administration offices performing tasks in the
area of benefits, containing the system structure, required minimal functionality of the
system and the scope of communication between system structure elements, including
records of e-document structures, data formats and communication and encryption
protocols, referred to in Article 13(2) point 2(a) of the Act of 17 February 2005 on the
computerisation of operations of entities performing public tasks (Dz.U. No.64, item 565
as amended),
2) standardising safety, efficiency and system development requirements,
3) the procedures pertaining to determining compliance of software with the description of
the system
taking into account the need to ensure compliance of the teleinformation systems
applied by public administration offices for the implementation of tasks in the area of
benefits, in particular, within the scope of uniformity of the scope and type of data,
which would make possible their aggregation into a central set, as well as maintaining
compliance with the minimum standards and the manner of determining software
compliance, defined on the basis of the Act of 17 February 2005 on the computerisation
of operations of entities performing public tasks.. Teleinformation systems do not apply
to operations of the Head of Tax Revenue Office following from the provisions of the Act
of 14 June 1960 – the Code of Administrative Proceedings (Dz.U. of 2000 no. 98, item
1071, as amended).
Article 16. (repealed).
Article 17. (repealed).
Article 18. 1. The right to benefits from the alimony fund shall be determined for the
benefit period starting from the month when an application was submitted to the competent
authority of the creditor, not earlier than from the beginning of the benefit period to the end
of this period.
2. If the entitled person upon completing education at school was in the same calendar
year admitted to university, benefits under the alimony fund shall also be granted for
September.
3. In the case expiry of certificate of high level of disability and re-obtaining another,
which is a continuation of the previous one, the right to benefit from the alimony fund shall
be awarded from the first day of the month following the month in which the expiration date
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of the previous certificate has elapsed, if the person submitted the application for
determination of the right to benefits from the alimony fund within 3 months from the date
of re-issuing a certificate of high level of disability
4. In the event of loss of income, the right to benefits from the alimony fund shall be
determined from the first full month following the month when income was lost, however not
earlier than from the month of filing application.
5. In the case when family income increased by the obtained income results in a loss of
the right to benefits from the alimony fund, benefits shall not be granted from the month
following the first month of the month when income was earned.
Article 19. 1. In the case of the change in the number of family members, obtaining
income or its loss, or other changes influencing the right to benefits from the alimony fund,
the entitled person or his statutory representative, who have submitted the application for
granting benefits from the alimony fund, are obliged to immediately notify the authority
paying the benefits.
2. Persons receiving benefits from the alimony fund, public institutions and nongovernmental organisations shall be obliged to provide, at the demand of the competent
authority of the creditor, explanations and information with regard to the circumstances
having impact on the entitlement to benefits from the alimony fund.
Article 20. 1. Benefits from the alimony fund shall be paid monthly.
2. Decisions on benefits from the alimony fund shall be immediately enforceable, except
for decisions in cases concerning unduly collected benefits.
3. Applications for determination of the entitlement to benefits from the alimony fund
for a new benefit period shall be accepted from 1st August.
4. If the person applying for benefits from the alimony fund for a new benefit period
submits the application along with the documents by 31st August, the determination of the
entitlement to benefits from the alimony fund and payment of the benefits payable for
October shall take place by 31st October.
5. If the person applying for benefits for a new benefit period submits the application
along with the documents from 1st September to 31st October, the determination of the
right to benefits from the alimony fund and payment of benefits due for October shall take
place by 30th November.
Article 21. 1. Payment of benefits from the alimony fund shall be suspended if the
entitled person or his statutory representative who have submitted the application for
awarding benefits from the alimony fund:
1) refused to provide or failed to provide explanations concerning circumstances having
impact on the entitlement to benefits before the set deadline;
2) refused to provide the authority conducting enforcement proceedings with information
having impact on the effectiveness of enforcement or provided untrue information;
3) did not collect benefits for three consecutive calendar months.
2. In the event of providing explanations, benefits from the alimony fund shall be paid
from the month, when the explanations were received by the end of the benefit period,
provided that the entitled person still meets the requirements to receive them.
3. If the entitled person reports after three months, benefits from the alimony fund shall
be paid for the entire period of suspension, provided that the entitled person still meets the
requirements to receive them.
4. If the resumption of the payment of suspended benefits from the alimony fund does
not take place by the end of the benefit period, the right to benefits expires.
Article 22. 1. The competent authority of the debtor and the competent authority of
the creditor may collect and process, within the scope specified in the Act, personal data of
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persons referred to in Article 15(1), members of their families, and alimony debtors and
members of their families.
2. Employers, competent organisational units of the Minister of National Defence,
competent units that are subordinate to the minister competent for internal affairs, Head of
Internal Security Office, Head of Intelligence Agency, Head of the Central Anti-Corruption
Bureau, the Minister of Justice, entities paying pensions to retired persons or family
pensions, entities that entered into agency contracts or contracts of mandate or service
contract, agricultural co-operatives, competent financial bodies, retirement and disability
pension bodies, the Social Insurance Institution, the Agricultural Social Insurance Fund and
government and self-government administration offices shall be obliged to issue certificates
necessary to determine the right to benefits from the alimony fund. Certificates shall be
issued free of charge.
Article 23. 1. A person who unduly received benefits shall be obliged to return them
with statutory interest.
2. The outstanding liabilities arising from unduly received benefits shall become overdue
after 3 years from the day when a decision determining the amount thereof has become
final.
3. The time limitation shall be stopped from running by: postponement of the
outstanding liabilities payment deadline, dividing by spreading the repayment of outstanding
liabilities into instalments and by any action aimed at recovery of outstanding liabilities,
provided that the person obliged to return unduly received benefits was notified of such an
action.
4. Decision on the recovery of unduly received benefits shall not be issued if more than
10 years had passed from the date of their collection.
5. The amounts of unduly received benefits along with interest, determined by a final
decision, shall be set off from the systematic payments of benefits from the fund.
6. Outstanding liabilities arising from unduly received benefits shall be subject to
recovery pursuant to the provisions on enforcement proceedings in administration.
7. Interest shall be charged from the first day of the month following the day of benefits
payment from the alimony fund, until the day of repayment.
8. The competent authority of the creditor and the Marshal of the Voivodeship may
remit the amount of unduly received benefits with interest, in whole or in part, defer the
payment deadline or divide them into instalments, particularly if justified circumstances
related to the situation of the family occur.
9. In the case of death of a person who unduly received benefits, the liabilities referred
to in paragraph 1 shall expire.
Article 24. 1. The competent authority of the creditor and the Marshal of the
Voivodeship may, without the consent of the entitled person or his statutory representative,
change or repeal the final administrative decision determining the right of the party to
benefits from the alimony fund if the family or family income situation affecting the right to
benefits had changed, enforcement became effective, a family member had became entitled
to benefits in another country due to the application of the provisions on the coordination of
social security systems, or the person had unduly received a family benefit.
2. Change of the decision to the entitled party’s advantage shall not require their
consent.
Article 25. Any matters not provided for herein shall be governed by the provisions of
the Act of 14 June 1960 – the Code of Administrative Proceedings.
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Article 26. The authority conducting the enforcement proceedings shall be obliged to
provide the competent authority of the creditor with information having impact on payment
of benefits from the alimony fund.
Article 27. 1. An alimony debtor is obliged to return to the competent authority of the
creditor any amount of benefits paid from the alimony fund to the entitled person with
statutory interest.
1a. The interest shall be charged as of the first day of the month following the day of
disbursement of the benefits until the day of repayment.
2. The competent authority of the creditor shall issue, after the end of the benefit period
or after revoking of the decision on granting benefits from the alimony fund, an
administrative decision on the return of the amount arising from the benefits received by the
entitled person from the alimony fund by the debtor.
3. The outstanding liabilities shall be subject to recovery following the procedure as
provided in the Act of 17 June 1966 on enforcement proceedings in administration, taking
into account the provisions of this Act.
4. 20% of outstanding liabilities shall constitute own income of the creditor's gmina,
20% shall constitute own income of the debtor's gmina, and the remaining 60% of this
amount and the interest shall constitute the state budget income.
5. If the competent authority of the creditor is not at the same time the competent
authority of the debtor, it shall transfer to the competent authority of the debtor 20% of the
amount referred to in paragraph 1.
6. Income obtained by the competent authority of the debtor and the competent
authority of the creditor referred to in paragraph 4, shall be allocated in particular to cover
the costs of taking actions against alimony debtors.
7. The competent authority of the creditor shall transfer to the alimony debtor and to
the competent authority of the debtor:
1) information on awarding benefits from the alimony fund to the entitled person;
2) the decision concerning the return the outstanding liabilities arising from the benefits
received by the entitled person from the alimony fund by the alimony debtor;
3) information about the amount of liabilities of the alimony debtor towards the State
Treasury under:
a) benefits paid to the entitled person from the alimony fund under the Act,
b) maintenance advance payments made to the entitled person under the Act of 22 April
2005 on the proceedings against alimony debtors and maintenance advance payment
(Dz.U. No.86, item 732 and No.164, item 1366),
c) benefits from the alimony fund paid under the Act of 18 July 1974 on the alimony
fund (Dz.U. of 1991 No. 45, item 200 as amended).
7a. The competent authority of the creditor shall provide the competent authority of the
debtor with information about obligations resulting from titles referred to in Article 28, (1),
points 1 and 2.
8. The competent authority of the creditor shall provide the executive officer conducting
enforcement proceedings with a decision on granting benefits to the entitled person from the
alimony fund.
9. In the period when the entitled person receives benefits from the alimony fund, the
executive officer shall transfer the amounts recovered from the alimony debtor that are set
off against the maintenance to the competent authority of the creditor to the amount of
benefits paid from the alimony fund with interest.
10. The transfer referred to in paragraph 9 shall take place on the basis of a decision
awarding benefits from the alimony fund.
Article 28. 1. In the period when the entitled person receives benefits from the alimony
fund, the amounts recovered in the enforcement proceedings from the alimony debtor, shall
14
be allocated by the authority conducting the enforcement proceedings in the following order:
1) outstanding liabilities arising from benefits from the alimony fund paid to the entitled
person under the Act - until completely satisfied,
2) outstanding liabilities arising from maintenance advance payments paid to the entitled
person under the Act of 22 April 2005 on the proceedings against alimony debtors and
maintenance advance payment - until completely satisfied,
3) receivables of the alimony creditor - until completely satisfied,
4) receivables of the liquidator of the alimony fund arising from maintenance benefits paid
under the Act of 18 July 1974 on the alimony fund - until completely satisfied
after arrears specified in Article 115(1) (1) of the Act of 17 June 1966 on enforcement
proceedings in administration or in Article 10251(1) of the Act of 17 November 1964 – the
Code of Civil Procedure (Dz.U. No. 43, item 296, as amended) respectively, and before
liabilities specified in Article 115(1) points 2-6 of the Act of 17 June 1966 on enforcement
proceedings in administration or in Article 1025(1), points 2-10 of the Act of 17 November
1964 – the Code of Civil Procedure, respectively.
2. If, in the period of payment of benefit from the alimony fund, the outstanding
liabilities arising from benefits paid from the alimony fund to the entitled person will not be
satisfied, after suspension of benefit payment, the authority conducting the enforcement
proceedings shall satisfy them in the following order:
1) receivables of the alimony creditor - up to the amount of adjudged monthly benefits,
2) outstanding liabilities arising from benefits from the alimony fund paid to the entitled
person under the Act - until completely satisfied,
3) liabilities arising from maintenance advance payments made to the entitled under the
Act of 22 April 2005 on the proceedings against alimony debtors and maintenance
advance payment - until completely satisfied,
4) receivables of the alimony creditor - until completely satisfied,
5) receivables of the liquidator of the alimony fund arising from maintenance benefits paid
under the Act of 18 July 1974 on the alimony fund - until completely satisfied
- after arrears specified in Article 115(1)(1) of the Act of 17 June 1966 on enforcement
proceedings in administration or in Article 1025(1)(1) of the Act of 17 November 1964 – the
Code of Civil Procedure, and before outstanding liabilities specified respectively in Article
115(1) points 2-6 of the Act of 17 June 1966 on enforcement proceedings in administration
or in Article 1025(1) points 2-10 of the Act of 17 November 1964 – the Code of Civil
Procedure.
3. In the case of death of the alimony debtor the outstanding liabilities referred to in
paragraph 1 points 1, 2 and 4 shall expire.
Article 29. 1. Changes in the amount of benefits from the alimony fund as a result of
change in the amount of adjudged maintenance shall be made after the receipt of the writ of
execution by the executive officer conducting enforcement proceedings from the month in
which the change took place and in the amount of the adjudged maintenance.
2. If the entitled person, in the period from the date of changes in the adjudged
maintenance until the date of the receipt of a writ of execution from the court executive
officer, received benefits from the alimony fund in the amount higher than the adjudged
maintenance for this period, he shall be obliged to return them without statutory interest.
The provisions of Article 23 shall apply accordingly.
3. If the court exempted the person from the maintenance obligation, and the entitled
person, in the period referred to in paragraph 2, collected benefits from the alimony fund for
this period, he is obliged to return them without statutory interest. The provisions of Article
23 shall apply accordingly.
4. In the case of increasing the amount of adjudged maintenance, compensation shall
be made for the period referred to in paragraph 2.
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Article 30. 1. The competent authority of the debtor may remit the receivables referred
to in Article 28, paragraph 1, points 1, 2 and 4 of the Act, in the total amount of:
1) 30% if the enforcement against the alimony debtor is effective for the period of 3 years
in the monthly amount not lower than the amount of the adjudged maintenance;
2) 50% if the enforcement against the alimony debtor is effective for the period of 5 years
in the monthly amount not lower than the amount of the adjudged maintenance;
3) 100% if the enforcement against the alimony debtor is effective for the period of 7 years
in the monthly amount not lower than the amount of the adjudged maintenance.
2. The competent authority of the creditor may at the demand of the alimony debtor
remit receivables arising from benefits paid from the alimony fund together with interest,
either in whole or in part, defer the payment term or divide them into instalments, taking
into consideration income and family situation.
3. Remission of receivables shall take place by way of an administrative decision.
Chapter 5
Financing of implementation of tasks provided in the Act
Article 31. 1. Awarding and payment of benefits from the alimony fund and taking
actions against alimony debtors is to the responsibility of the gmina within government
administration, financed in the form of designated subsidies from the state budget.
2. Actions taken against alimony debtors and the costs of servicing benefits from the
alimony fund are financed in the form of designated subsidies from the state budget for
family benefits and from own incomes of the gmina referred to in Article 27 (4).
3. The costs of actions taken against alimony debtors and the costs of servicing benefits
from the alimony fund amount to 3% of the received subsidy for benefits from the alimony
fund, subject to Article 27(6).
4. The competent authorities of the debtor, the competent authority of the creditor and
the Marshal of the Voivodeship shall be obliged to present, through the Voivode, any reports
on tasks implementation provided in the Act to the minister competent for social security.
5. The report should include information on:
1) the expenditure on benefits sustained from the funds of the state budget;
2) the amount of benefits paid from the alimony fund;
3) people receiving the benefits;
4) alimony debtors;
5) conducted proceedings with regard to granting benefits from the alimony fund;
6) actions taken against alimony debtors;
7) costs of servicing;
8) conducted enforcement proceedings.
6. (repealed).
7. The minister competent for social security shall determine, by way of ordinance,
templates and ways of drawing up reports and the terms and method of presentation, taking
account of the need to consolidate the information forwarded by entities implementing the
Act.
Chapter 6
Amendments to applicable provisions
Article 32. In the Act of 25 February 1964 - the Family and Guardianship Code (Dz. U.
No.9, item 59, as amended) Article 52 shall be amended as follows:
1) after § 1, § 1a shall be added, as follows:
㤠1a. The creditor of one spouse may demand that the court establish the distribution
16
of property, if it proves that satisfying the claims from a writ of execution is likely
to require the division of the joint property of the spouses..";
2) after § 2, § 3 shall be added, as follows:
㤠3. The distribution of property by the court at the demand of either spouse does not
prevent the spouses from concluding a marital property agreement. If the
distribution of assets is established at the demand of the creditor, the spouses
may enter into a marital property agreement after the distribution of joint
property, or after the creditor receives security or satisfaction for his/her claims,
or three years after the distribution of property..".
Article 33. In the Act of 17 November 1964 – the Code of Civil Procedure (Dz.U. No.
43, item 296, as amended) the following changes shall be introduced: (changes ignored).
Article 34. In the Act of 17 June 1966 on enforcement proceedings in administration
(Dz.U. of 2005 No. 229, item 1954, as amended) in Article 10 § 4 shall have the following
wording:
㤠4. Maintenance benefit, cash benefits paid in the case of ineffectiveness of
maintenance enforcement, family benefits, family allowances, care, childbirth
benefits and benefits for orphans shall not be subject to enforcement.”
Article 35. In the Act of 26 July 1991 on personal income tax (Dz.U. of 2000 No.14,
item 176, as amended) in Article 21 (1)(8) shall have the following wording:
"8) family benefits paid pursuant to the provisions on family benefits, family and care
allowances, and cash benefits paid in the case of ineffectiveness of maintenance
enforcement and childbirth benefits paid under separate regulations'.
Article 36. In the Act of 6 June 1997- the Polish Criminal Code (Dz. U. No.88, item
553, with later as amended) Article 209 shall have the following wording:
"Article 209. § 1. Anyone who persistently evades the duty imposed on him by law or by
court judgement to pay for the support of a next of kin or another
person, and thereby exposes such a person to a situation where they
cannot satisfy their essential needs is liable to a fine, the restriction of
liberty or imprisonment for up to two years.
§ 2.
The prosecution takes place at the motion of the aggrieved party, a
social welfare authority or an institution conducting activity towards the
child support debtor.
§ 3.
When the aggrieved party has been assigned appropriate family
benefits or cash benefits in the event of the ineffective enforcement of
child support, the prosecution is carried out ex officio.
Article 37. In the Act of 29 August 1997- Tax Ordinance Act (Dz.U. of 2005 No. 8, item
60, as amended) in Article 299 the following changes shall be introduced:
1) in § 3 point 9 shall have the following wording:
"9) voits, mayors, presidents of cities or marshals of voivodeships with regard to
proceedings conducted for awarding family benefits or cash benefits paid in the
case of ineffectiveness of maintenance enforcement;" ;
2) § 4 shall have the following wording:
㤠4. Information about bank account numbers held by the taxpayers may be made
available to:
1) Social Insurance Institution and the Agricultural Social Insurance Fund;
2) enforcement authorities in connection with pending enforcement proceedings;
3) voits, mayors, presidents of cities or marshals of voivodeships with regard to
proceedings for awarding family benefits or cash benefits paid in the case of
17
ineffectiveness of maintenance enforcement.”
Article 38. In the Act of 14 February 2003 on disclosure of economic information a
(Dz.U. No.50, item 424, of 2004 No.68, item 623 and No.116, item 1203 and of 2006 No.
157, item 1119) the following changes shall be introduced: (changes ignored).
Article 39. In the Act of 28 November 2003 on family benefits (Dz.U. of 2006 No. 139,
item 992 and No.222, item 1630 and of 2007 No. 64, item 427 and No.109, item 747) in
Article 3,(1),(letter) in indent 26 the semicolon shall be replaced with a comma and indent
27 shall be added, as follows:
"- cash benefits paid if the execution of maintenance allowance is not possible;”
Article 40. In the Act of 20 April 2004 on employment promotion and labour market
institutions (Dz.U. No.99, item 1001, as amended as amended) the following changes shall
be introduced: (changes ignored).
Chapter 7
Transitional and repealing provisions, provisions on entry into force
Article 41. Cases concerning maintenance advance payment, the right to which was
established on the date of entry into force of the Act, shall be subject to examination on the
principles and according to the procedures set forth in the current provisions.
Article 42. 1. A person who unduly received maintenance advance payment is obliged
to return it.
2. Cases concerning unduly received maintenance advance payment shall be subject to
examination and investigation on the principles and according to the procedures set forth in
the current regulations.
3. The amounts of unduly received maintenance advance payments with interest
determined by the final decision shall be set off from the systematically paid benefits from
the alimony fund.
Article 43. 1. Recovery of receivables arising from maintenance advance payments
shall be carried out continuously until they are satisfied under current regulations.
2. The application for cancellation or suspension of execution requires the consent of the
competent authority of the creditor.
Article 44. When determining the right to benefits from the alimony fund for the benefit
period from 1 October 2008 until 30 September 2009 and from 1 October 2009 to 30
September 2010 the family income shall not include the maintenance advance payments
received in 2007 and 2008
Article 45. 1. The benefit period which starts on 1 September 2007, for which the right
to maintenance advance payment shall be determined, shall be extended until 30
September 2008.
2. Change in the decision takes place ex officio and shall not require the consent of the
party.
Article 46. 1. The competent authority of the creditor, on the date of entry into force of
this Act, shall make settlement between the made advance payments and the maintenance
allowance collected by the executive officer for this period.
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2. After the settlement referred to in paragraph 1, in the case of underpayment or
overpayment of benefits, the competent authority of the creditor shall pay advance
payment or demand its return. Regulations on unduly received benefits shall apply
accordingly.
Article 46a. Certificate of ineffective enforcement shall be issued by the authority
conducting the enforcement proceedings, starting from 1 August 2008.
Article 47. The Act of 22 April 2005 on the proceedings against alimony debtors and
maintenance advance payment shall lose legal force (Dz.U. No.86, item 732 and No.164,
item 1366), except for Article 17 paragraphs 5 that shall lose legal force on 1 December
2008.
Article 48. The Act comes into force on 1 October 2008, except for:
1) Article 12, paragraphs 2 and 3a, Article 15 (9), Article 20 paragraphs 3-5 and Article 46a
that come into force on 1 August 2008;
2) Article 32 that come into force after 3 months from announcement;
3) Article 45 that come into force 14 days after the date of announcement.
19