On June 1, any of the rules on the 800 plus payout changed. They relate primarily to Ukrainian families, but there are quite a few situations where 1 can lose the right to benefit (including a kid getting married, staying in an institution providing full, free maintenance or taking the benefit on his own child).
An crucial conviction by the WSA. ZUS cannot claim the right to 800 plus with a retroactive date
However, there may be more pretexts to complete the withdrawal. Should parents be afraid? The honest... no. The judgement of the Provincial Administrative Court of 21 May 2025 is valid due to the fact that it clarifies situations where you can collect 800 plus.
The Infor.pl portal explains that "The decision repealing or amending the right to supply educational services referred to in Article 27(1) of the Act of 11 February 2016 on State aid in the rearing of children (i.e. OJ of 2024 item 1576, hereinafter: u.p.p.w.d.) is constitutional and acts with ex nunc effect, i.e. with power for the future from the date of the decision".
What does "human" mean? ZUS cannot revoke the right to 800 plus with a retroactive date. Therefore, if the authority finds that the benefit has been wrongly paid, its decision to suspend payments shall apply only from the minute of its issue. This protects families who have already received and spent money, acting in good faith. ZUS won't be able to get them back.
That should calm quite a few people. The judgement protects the recipients from arbitrary decisions of the ZUS controllers and gives them greater assurance in the stableness of support. That doesn't mean that if individual deliberately "drifts" in the papers, they can sleep peacefully.
However, ZUS may apply for a refund. In what situations?
ZUS cannot revoke the right to benefit retroactively itself, but may initiate a second procedure and issue a separate decision to return the alleged unduly collected benefit. This is the case where someone:
He intentionally provided false information or filed false documents,
he continued to receive a benefit despite losing his right to it (e.g. the kid turned 18 and does not proceed to study, the household went abroad, life situation changed),
He received money that should go to individual else.
Even if the individual receiving the benefit did not know that he no longer fulfilled the conditions, the Social safety Office can request a refund anyway. It is crucial that the individual was not objectively entitled to benefit.
In practice, this means that people who have undergone "life change" affecting the right to 800 plus should be considered. We request to inform the Social safety Office as shortly as possible so that we do not have problems. The conviction demarcates 2 things, but we are inactive not exempt from the work to donate money erstwhile it was wrongfully collected.
