ATTENTION – THIS IS AN AUTOMATIC TRANSLATION FROM POLISH
The provisions regarding caregiver benefits continue to raise numerous doubts in administrative practice. One of the most frequently arising issues is the possibility of granting the benefit to a person providing care for a married loved one. The Provincial Administrative Court in Gdańsk addressed this issue in its judgment of November 13, 2024 (ref. II SA/Gd 543/24).
The Court recalled that the marital bond holds special importance in the Polish legal system. The obligation of mutual assistance and support between spouses stems directly from family law provisions and is statutory in nature. For this reason, the legislator also gives priority to the spouse of the person requiring care under the provisions on family benefits.
In practice, this means that if the person requiring care is married, caregiver benefits generally cannot be granted to other family members. An exception applies if the spouse themselves holds a certificate of significant disability. The court emphasized that the de facto separation of spouses or difficulties in providing care do not automatically waive obligations arising from family law – as long as the formal marriage exists, these obligations remain in force. At the same time, the court highlighted an important procedural aspect. Administrative authorities are obligated to inform parties of the conditions that, if not met, may lead to the denial of benefits. If the only obstacle is the lack of a specific document – for example, a certificate of significant disability of the spouse – the authority should inform the party of this circumstance and allow them to supplement the evidence.