The educational benefit, or alleged 800 plus, is granted regardless of the income of the parents for each child. The money is paid until they are 18. However, there are situations where the Social safety Office refuses to admit or can take them away. When? Among others, erstwhile the kid was placed in an institution that provides free full maintenance, e.g. at a youth educational centre, a correctional institution, a military school or a shelter for minors. Can the Social safety Office reduce or order its return?
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Who collects 800 plus with alternate care? ZUS benefits are divided equally
800 plus can be paid at a lower level to those parents who, after divorce, divorce or separation, have alternate custody over the child. The educational benefit is then paid in the amount of half the amount for a given month, i.e. 400 PLN. erstwhile a kid lives with 1 of his parents, he receives a benefit. After the divorce, can ZUS claim reimbursement of the amount already paid? These scenarios are rare, but they happen.
Promotion of benefits household 800 plus in Warsaw (archive photo) photograph by Maciej Jaźwiecki / Wyborcza.pl Agency
Does ZUS have the right to request a return of half 800 plus? The court ruled
The situation in which the Social Insurance Institution demanded a refund of the benefit on the kid was described, among others, the portal Infor.pl. In 2022, the father applied to ZUS for an educational benefit, then 500 PLN per month. ZUS considered the request positively and "500 plus" was granted for the period from 1 June 2022 to 31 May 2023. During this time, the court ruled the divorce between him and the parent of the child.
According to Article 20(1) of the Law on State aid in the rearing of children, the father had 7 days after the divorce ruling to inform the Social safety Office of the changes. He did so after a fewer months, in the meantime, each period passing on half of the amount (PLN 250) to his child's mother, for which he had confirmations of transfers and a written message from his ex-wife. ZUS ordered that half of the educational benefits which were paid during these months be reimbursed, considering that this was not authorised.
The conviction in this case was issued by the Provincial Administrative Court in Wrocław, which looked into the case at the request of the father. As we read in the message of reasons for the judgement of 18 July 2024, No. IV SA/Wr 768/23, the WSA stressed that the educational provision serves the kid himself, and the parent or guardian is only his formal recipient. During these fewer months, the child's parent did not apply to ZUS for half of the educational benefit. In this situation, erstwhile the father was ordered to pay back, a kid who would be deprived of half the benefit would be harmed. The court has dropped the decision.
NOTE! ZUS may order reimbursement of the benefit if it has been granted or paid on the basis of false testimony, false papers or deliberate concealment of applicable information. The judgement of the NSA of 24 August 2023 (I OSK 1349/210) indicated a situation in which the kid does not live with the kid receiving the benefit and the court did not regulation alternate care. In peculiarly justified circumstances, the Social safety Office may at the same time waive the request for reimbursement.
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