New regulations from January 1, 2024, impact whether Polish care allowances can be received alongside retirement pensions, with rules differing based on when the allowance was granted.
Key Distinction: Old and New Rules
A crucial point concerns the two systems governing the care allowance, effective January 1, 2024. The first applies to those who retained their right to the allowance granted under rules in effect until December 31, 2023. The second concerns allowances granted under the new rules from January 1, 2024.
Continued Benefits Under Old Rules
Individuals who were granted a care allowance before January 1, 2024, may continue to receive it under transitional provisions.
Retirement Does Not Typically Block Allowance Under New Rules
Under the system in effect since January 1, 2024, the care allowance is no longer contingent on relinquishing employment or other income. The legislature also restructured eligibility criteria and allowance granting procedures.
New Rules Apply to Care for Individuals Under 18
It is important to note that the new rules apply to caregivers providing care for individuals with disabilities until they reach the age of 18.
Retirement May Still Pose a Problem Under Old Rules
The situation differs for those receiving the care allowance under the old rules, i.e., based on regulations in effect until December 31, 2023. These individuals benefit from acquired rights protection, but this primarily means the possibility of continuing to receive the allowance under the existing rules, not an automatic transition to the new, more favorable model.
Impact of Prior Conditions in Older Cases
In practice, this means that in “old” cases, previous negative conditions may still be relevant, including concurrent receipt of a pension, disability benefit, teacher’s compensatory allowance, pre-retirement benefit, or parental supplementary benefit. If a caregiver receives a care allowance under the old rules, they should not assume that from 2024 they can safely combine it with a pension or disability benefit simply because such a solution is permissible under the new model.
Why This Division Is So Significant
In practice, two individuals caring for a person with a disability may have completely different legal situations, even if “on paper” both receive a care allowance. If the allowance was granted under the new rules from January 1, 2024, and the care relates to a person with a disability until they reach the age of 18, concurrent receipt of a pension or disability benefit may be permissible.
Old Rules Require Case-by-Case Review
However, if someone retained the allowance under transitional provisions, the case must still be examined in light of the previous rules.
When a Caregiver May Actually Lose Money
Risk arises primarily in several situations.
Incorrect Assumptions About New Rules
First, when a caregiver incorrectly assumes that the new rules also apply to an allowance granted many years ago. This is a common mistake, as part of the conditions were relaxed from January 1, 2024, but this does not automatically change the situation for all beneficiaries.
Failure to Report Changes
Second, a problem may arise when a caregiver fails to report changes to the agency that are relevant to their right to the allowance, such as the granting of a pension, disability benefit, or other benefit.
Receiving Benefits Without Entitlement
Third, risk arises when receiving the allowance without entitlement. If the agency later determines that the allowance was paid incorrectly, it may seek its return under the provisions of the Family Benefits Act.
Transitioning to the New Model Requires Analysis
Fourth, special caution is required in the situation where a person receiving the allowance under the old rules considers transitioning to the new model. Such a decision should be preceded by an analysis of whether the caregiver and the person requiring care meet the conditions of the new allowance.
Working While Receiving the Allowance Under New Rules
Under the new rules, this is one of the most important changes. As of January 1, 2024, when determining eligibility for the care allowance under the new rules, it is no longer examined whether the caregiver has relinquished employment or other income. This means that employment income, its amount, type, place of performance, or amount of remuneration do not in themselves constitute an obstacle to obtaining the care allowance under the new model.
Allowance Amount
The amount of the care allowance is indexed annually. As of January 1, 2025, the allowance amounted to 3,287 PLN per month, and as of January 1, 2026, it amounts to 3,386 PLN per month.
Distinction Between Care Allowance and ZUS Supplemental Allowance
It is easy to make a mistake because the names are similar. The care allowance is a family benefit for the caregiver of a person with a disability. The ZUS supplemental allowance, however, is a completely different benefit, payable to a person entitled to a pension or disability benefit if they have been recognized as totally incapable of work and self-sufficiency or have reached the age of 75.
Important Considerations When Filing Applications
The most important thing is to determine on what legal basis the care allowance is being received and whether the case actually falls within the new model in effect from January 1, 2024.
Practical Checklist
In practice, it is worth checking:
Summary
The care allowance and pension do not always exclude each other, but they cannot always be safely combined. The most important thing is to distinguish between an allowance granted or continued under the old rules and an allowance granted under the new rules from January 1, 2024. It is also important to remember that the new rules apply to caregivers of persons with disabilities until they reach the age of 18. These two elements determine whether a pension or disability benefit poses a real risk of losing money.
FAQ – Frequently Asked Questions
1. Can a caregiver have both a care allowance and a pension at the same time?
Yes, but the answer depends on whether the care allowance was granted under the new rules from January 1, 2024, or is being received under the regulations in effect until December 31, 2023.
2. Does transitioning to a pension always mean losing the care allowance?
Not always. Under the new model, the automatic exclusion rule due to the caregiver’s own pension or disability benefit no longer applies. However, this may still be relevant in cases conducted under the old rules.
3. Do the new rules apply to all caregivers of persons with disabilities?
No. The new rules from January 1, 2024, apply to the care allowance granted to caregivers providing care for persons with disabilities until they reach the age of 18. Individuals who retained the allowance under previous regulations should continue to analyze their situation according to the transitional rules.
4. How much is the care allowance?
As of January 1, 2025, the allowance amounted to 3,287 PLN per month, and as of January 1, 2026, it amounts to 3,386 PLN per month. The amount of the care allowance is indexed annually.
5. Is the care allowance the same as the supplemental allowance?
No. These are two different benefits, with a different legal basis and for different individuals. The care allowance is payable to the caregiver, while the ZUS supplemental allowance is payable to a person receiving a pension or disability benefit if they meet the statutory conditions.
