The payment of a supplementary benefit to social pension recipients who are completely unable to work and live independently is regulated in an amendment to the law, which was supported by the Senate committee without amendments on Tuesday. According to the legislative office, the new rules raise constitutional doubts.
On September 27, the Sejm approved an amendment to the law on social pensions. Payment of an additional benefit is assumed. The arrangement was sent to the Senate and was discussed on Tuesday by the Committee on Family, Senior Policy and Social Policy.
Deputy Family Minister Małgorzata Baranowska indicated that an additional benefit of PLN 2,520 will be paid ex officio to persons who will be declared unable to live independently on the day the law enters into force. People who receive such a decision later will have to submit an application.
The Senate Legislative Office submitted comments on the amendment. One of them was of a general nature and concerned the compatibility of the provisions with the Constitution.
The law introduces a supplementary benefit for persons who are entitled to a social pension and who are completely incapacitated to work and live independently. However, it should be noted that similar support has not been provided to persons who cannot live independently and who are entitled to a total disability pension.
– said Iwona Kozera-Rytel from the legislative office of the Senate.
The new regulations raise constitutional doubts
She added that the consequence of the introduction of the surcharge will be a major disproportionality in the amount of benefits received. She emphasized that such differences in the situation of people in a similar situation raise justified doubts about the compatibility of the law with the principle of equality arising from art. 32 section 1 of the constitution.
Currently, the social pension and the pension for total disability amount to PLN 1,780.96.
The applicants’ representative, KO MP Iwona Hartwich, pointed out that the amendment was socially expected and that in this form it would help many people with disabilities. The senators participating in the discussion also agreed with this argument.
Representatives of the Office of the Government Plenipotentiary for the Disabled assured that work is underway on the government’s proposal, which will expand the group of people entitled to the benefit, including: o people who cannot live independently and have a receive a disability pension due to disability.
Third Way Senator Jan Filip Libicki filed a motion to adopt the regulations without amendments, which was unanimously supported by committee members.
The new benefit is the result of the work of the subcommittee, which in May supported amendments to the citizens’ bill on increasing the social pension. Initially, the citizen project assumed an increase in the pension from PLN 1,217.98 net to the amount of the minimum wage.
Rules for granting the compensation
After the changes, the supplementary benefit will be an additional benefit available to persons entitled to a social pension who are completely disabled and can live independently.
The additional fee is PLN 2,520.
This amount results from the difference between the amount of the minimum compensation for work, established on the basis of separate regulations as of December 31, 2024 – PLN 4,300, and the amount of the lowest pension for total disability.
– explained the chairman of the Social Policy and Family Committee, Katarzyna Ueberhan (left wing), during parliamentary proceedings.
The allowance amount will be indexed from 1 March. The first payment of the supplementary allowance will take place in May 2025, on the payment dates of the social pensions, with compensation from January 1, 2025.
MD/PAP
Source: wPolityce