Gainful employment and care for a child with a disability. Postulate of changes in the normative regulation of the nursing benefit Cover Image

Praca zarobkowa a opieka nad dzieckiem z niepełnosprawnością. Postulat zmian w zakresie regulacji normatywnej świadczenia pielęgnacyjnego
Gainful employment and care for a child with a disability. Postulate of changes in the normative regulation of the nursing benefit

Author(s): Katarzyna Małysa-Sulińska
Subject(s): Social Sciences, Economy, Law, Constitution, Jurisprudence, Sociology, Family and social welfare, Welfare services, Human Resources in Economy, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: nursing benefit; support benefit; carer’s allowance; special care allowance; carer of a person with a disability; care benefits

Summary/Abstract: The article presents an analysis of the normative solutions regarding support for a care of a person with a disability. It takes into account the changes introduced by the provisions of the Act on Supporting Benefits, which create a new system of care benefits from 1 January 2024 encompassing financial support exclusively for carers of people under the age of 18 with disabilities. The legislator simultaneously decided to leave the possibility of setting the care benefits after 1 January 2024 on the basis of the provisions in force up to 31 December 2023. However, the accepted duality of the solutions on this is difficult to justify because of the different treatment of carers of people with disabilities, because their right to a care benefit is determined by the moment that the application is filed. Similarly, the moment that the application is filed for a nursing benefit and consequently the procedure in which the case is handled determines whether it is possible for the carer of a person with a disability to take up gainful employment.

  • Issue Year: 30/2023
  • Issue No: 4
  • Page Range: 373-386
  • Page Count: 14
  • Language: Polish