ZUS Parental Benefit Disputes: Courts Increasingly Overrule Agency Denials

Polish administrative courts are frequently overturning decisions by the ZUS President regarding parental supplementary benefits, ruling that foster care and non-biological upbringing qualify for the state-funded support program.

The Legal Struggle Over Parental Benefits

The parental supplementary benefit is designed to support individuals who raised at least four children but lack a sufficient pension due to their caregiving responsibilities. As of March 1, 2026, the benefit equals the lowest national pension of 1,978.49 PLN and is subject to annual indexation.

The ZUS President holds discretionary power over these applications, frequently denying them based on strict interpretations of the “upbringing” requirement. However, courts increasingly challenge these denials, particularly when the applicant has served as a foster parent or caregiver to older children rather than biological parents of newborns.

Court Rulings Challenge ZUS Interpretations

In case II SA/Wa 2293/21, the Provincial Administrative Court in Warsaw rejected the ZUS position that upbringing must strictly span from birth to adulthood. The court emphasized that the benefit can apply to women who become foster parents later in a child’s life, provided they guide the child toward relative independence.

The Supreme Administrative Court (NSA) reinforced this in ruling III OSK 2517/24, stating that there is no automatic definition for “upbringing.” The court ruled that each case requires an individual assessment to determine if the applicant’s actions effectively fostered the child’s development, regardless of the child’s age at the start of care.

Statutory Requirements and Eligibility

The 2019 Act on Parental Supplementary Benefit allows claims by mothers who raised at least four children, or fathers in specific circumstances like the death or abandonment of the children by the mother. Applicants must reside in Poland and maintain their center of life there for at least 10 years after age 16.

ZUS or the Agricultural Social Insurance Fund (KRUS) processes these applications. Denials are mandatory if an individual has been stripped of parental authority or is currently incarcerated. If an applicant receives a partial pension, the benefit acts as a supplement to reach the lowest pension threshold.