The IRS took the pensioner's amount free of deductions. elder remained destitute

dailyblitz.de 4 months ago
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In Poland, there are more and more situations where enforcement authorities occupy elder funds in a way that violates their rights. Last case double payment of pensions 1 of the citizens has caused widespread controversy and has prompted the Ministry of Finance to analyse the government in this area.

Double deduction from the pension

Senior, for whom retirement is the only origin of income, turned to Ombudsman (RPO) with an action for unlawful seizure of the amount free of deductions. ZUS deducted part of the benefit in accordance with applicable regulations, but then the taxation office has collected further claims from a elder bank account, thereby violating legal limits.

In accordance with the Social Insurance Fund Pensions Act (FUS), the amount free of deduction is 75% of the benefit paid, which means that the deductions should not exceed 25% of the full amount of the pension. Meanwhile, a double execution caused the elder to have the means left. much lower than the statutory minimum, which deprived him of the necessities of life.

Response from the Ombudsman and the Ministry of Finance

Following the intervention of the RPO, the Ministry of Finance announced Verification of provisions concerning the execution of pensions. The enforcement authorities explained their actions lack of clear regulationwhich would find how to treat the pension funds paid after being transferred to a bank account.

The Ministry stressed that enforcement rules should provide a minimum of existence for debtors, especially among pensioners and pensioners for whom benefits are the sole origin of income. Administrative bodies have so undertaken to make more precise regulationto prevent akin situations in the future.

Existing provisions and reality

Currently, the execution of pension funds can take place in 2 ways:

  • direct deduction by ZUS on the basis of an implementing title,
  • attachment of the bank account a debt pensioner through the taxation office.

Both these mechanisms are Legalbut theirs overlapping leads to gross infringements, since after the transfer of funds to the elder bank account they may be occupied under another provisions. This is simply a legal loophole which the state authorities have undertaken to remove.

What changes to avoid specified situations?

Experts propose respective possible solutions:

  1. Clear provisions for the protection of the amount free of deductions besides after the funds have been transferred to the bank account.
  2. Better coordination between enforcement authoritiesto avoid double occupying the same measures.
  3. Notification strategy for debtorsso that they are aware of the execution and can assert their rights if necessary.
  4. Possibility of immediate cancellation from seizure means of minimum existence.

The case of a senior, whose resources have been taken in a way contrary to the thought of protecting the minimum of existence, shows serious problems in the strategy of administrative execution in Poland.

Ministry of Finance announced changesbut until they are implemented, akin cases may happen again. Seniors and another debtors should consciously monitor their finances and usage legal assistance if essential to defend their rights.

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The IRS took the pensioner's amount free of deductions. elder remained destitute

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