Reflecting on the entitlement to an additional care allowance during the COVID-19 epidemic in the Republic of Poland Cover Image

Refleksje na temat uprawnień do przyznania dodatkowego zasiłku opiekuńczego w czasie panowania na terenie Rzeczypospolitej Polskiej epidemii COVID-19
Reflecting on the entitlement to an additional care allowance during the COVID-19 epidemic in the Republic of Poland

Author(s): Daniel Budaj
Subject(s): Law, Constitution, Jurisprudence
Published by: Krajowa Izba Radców Prawnych
Keywords: additional care allowance; COVID-19; unpaid contributions; economic activity; the Polish Social Insurance Institution; Anti-crisis Shield

Summary/Abstract: The purpose of the article is to answer the question whether a parent who is engaged in a non-agricultural economic activity is entitled to an additional care allowance due to the closure of a care or educational institution, even though they have not paid social security contributions, including sickness insurance for the period from March to May 2020, being entitled to apply for exemption from the obligation to have them paid? The article was produced on the basis of an appeal of an insured person carrying out a non-agricultural business activity and paying contributions exclusively for themselves, to whom the Polish Social Insurance Institution [Polish: ZUS] refused to grant the allowance, pursuant to the Art. 14 section 2 point 2 of the Act on the social security system. The insured submitted an appeal arguing that the provision of the Article 31zs section 2 of the Act of March 2, 2020 on special solutions related to the prevention, counteracting and combating of COVID-19, other infectious diseases and crisis situations caused by them (Journal of Laws of 2020, items 374, 568) should apply in their case.

  • Issue Year: 2020
  • Issue No: 2
  • Page Range: 127-144
  • Page Count: 18
  • Language: Polish