Wrocław court rules beneficiaries may avoid repayment of Alimentary Fund benefits if debtor dies during payout period.
Court Ruling Details
The Administrative Court in Wrocław ruled on a case where a beneficiary was granted Alimentary Fund (FA) benefits from October 1, 2024, to September 30, 2025. During this period, in June 2025, the beneficiary informed the local authority that the debtor (the parent obligated to pay alimony) had died in February 2025 and requested the withdrawal of the benefits decision.
While the mayor annulled the decision on benefit entitlement, they subsequently initiated proceedings and issued a second ruling deeming the FA benefits received from March 1 to May 31, 2025, as improperly obtained. The mayor cited Article 2, point 7, letter a of the September 7, 2007 Act on Assistance to Persons Entitled to Alimony, which defines benefits as improper if paid despite circumstances causing their termination or suspension—here, the debtor’s death.
Beneficiary’s Lack of Awareness
The beneficiary receiving the FA payments was not aware of the parent’s death at the time the benefits were granted and paid.
