A new amendment to the law regulates a supplementary payment for social pension recipients who are entirely unable to work and unable to live independently. The Senate committee approved the measure without amendments on Tuesday, and the legislative office notes that the proposed rules may raise questions about constitutional compatibility and equal treatment under the constitution.
On September 27, the Sejm gave its approval to the amendment. The plan includes a payment of the additional benefit and the draft was forwarded to the Senate for consideration. The arrangement was discussed on Tuesday by the Committee on Family, Senior Policy and Social Policy to review its impact and practicality.
Deputy Family Minister Małgorzata Baranowska said that an additional benefit of 2,520 PLN will be paid automatically to individuals who are declared unable to live independently on the day the law comes into force. Those who receive such a determination later will need to submit an application to receive the extra amount.
The Senate Legislative Office submitted comments on the amendment. A general observation focused on the compatibility of the provisions with the Constitution, raising concerns about equality of treatment in similar cases.
The law introduces a supplementary benefit for people who are entitled to a social pension and who are completely disabled to work and live independently. It is noted, however, that similar support has not been provided to those who cannot live independently and who are entitled to a total disability pension.
Iwona Kozera-Rytel from the Senate’s legislative office highlighted this point, underscoring potential gaps in coverage and fairness in how benefits are allocated among disabled groups.
The new regulations raise constitutional doubts
She added that the introduction of the surcharge would create a notable disparity in the amount of benefits received by people in similar situations. Such differences in treatment have sparked questions about compatibility with the principle of equality enshrined in the constitution, raising concerns about whether the law aligns with Article 32, Section 1.
At present, 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 has long been anticipated and would, in practice, assist many people with disabilities. The senators taking part in the discussion also supported this view.
Representatives from the Government Plenipotentiary for the Disabled assured that work is underway on the government’s proposal to broaden the beneficiary group, including people who cannot live independently and who receive a disability pension as a result of their disability.
Third Way Senator Jan Filip Libicki filed a motion to adopt the regulations without amendments, which was unanimously supported by the committee members.
The new benefit is the result of work by a subcommittee that in May supported amendments to the citizens’ bill aimed at increasing the social pension. Initially, the citizen project proposed raising the pension from 1,217.98 PLN net to the level of the minimum wage.
Rules for granting the compensation
After the changes, the supplementary benefit will be an additional payment available to persons entitled to a social pension who are completely disabled and can live independently.
The additional payment is 2,520 PLN.
This amount derives from the difference between the minimum compensation for work, defined by separate regulations as of December 31, 2024 at 4,300 PLN, and the lowest pension for total disability.
The chairman of the Social Policy and Family Committee explained this calculation during parliamentary proceedings, noting that the goal is to better reflect living costs for those who can manage independent living with a disability. The final figure was intended to close the gap between earnings and disability support while maintaining budget feasibility.
The allowance amount will be indexed from March 1. The first payment of the supplementary allowance will take place in May 2025, with eligibility backdated to January 1, 2025, in line with the scheduling of social pension payments for that period.