Collecting a Nursing Allowance? After Age 75, You May Lose the Right to the Money

Seniors receiving financial support from the state must navigate strict rules regarding benefit combinations, as turning 75 triggers automatic changes that can lead to repayment obligations if unreported.

Support for Seniors

Seniors can count on several forms of state support designed to bolster their monthly budget. However, not all benefits can be combined. As it turns out, the agencies paying out allowances and supplements do not always know about the right to other forms of financial support. The obligation to inform lies with the seniors. In the event of non-compliance, they must reckon with the consequences.

Who is entitled to a nursing allowance?

The nursing allowance is a type of support consisting in, at least partially, covering expenses resulting from the need to provide care and assistance to a person in connection with their inability to live independently. The allowance is granted upon application, and the right to collect it is granted to:

• a disabled child;

• a disabled person over 16 years of age, if they hold a certificate of a significant degree of disability;

• a disabled person over 16 years of age, if they hold a certificate of a moderate degree of disability and this disability arose before the age of 21;

• a person who has reached the age of 75.

The nursing allowance in the amount of 215.84 PLN is paid by the municipal or city office competent for the place of residence, and in practice this obligation is implemented by Social Welfare Centers. It is worth noting that the granting of the nursing allowance is not dependent on meeting the income criterion.

Right to the nursing allowance versus the nursing supplement

The nursing allowance is not the only financial support paid to people having problems with independent living, primarily seniors. Another benefit whose task is to partially cover the costs associated with caring for a non-independent person is the nursing supplement.

The nursing supplement is a benefit paid by ZUS, which is granted upon application to people who have the right to a pension or disability pension at any age recognized as completely incapable of work and independent living. The supplement is also granted ex officio to all people, regardless of health status, who have reached the age of 75. Does this mean seniors can count on a double benefit supporting their monthly budget?

Nothing could be further from the truth. The entitlement to the nursing supplement vested in a specific person constitutes one of the circumstances excluding the right to the nursing allowance. According to the provisions of the Act on Family Benefits, seniors after the age of 75 cannot therefore collect 215.84 PLN as a nursing allowance and 366.68 PLN as a nursing supplement under the conditions specified in the Act on Pensions from the Social Insurance Fund.

What should a senior collecting a nursing allowance after the age of 75 do?

A significant difference between the nursing allowance and the nursing supplement for people who have reached the age of 75 concerns the manner in which the benefit is granted. The allowance is granted upon application, while the supplement for the oldest seniors is paid ex officio. Thus, people who have reached the age of 75 will receive money from the nursing supplement title along with their next pension.

It must also be remembered that the nursing allowance and the nursing supplement are paid by different authorities. ZUS, which is responsible for the nursing supplement, does not notify the municipal office about granting the right to the benefit to a specific person. Therefore, the person collecting the benefit is obliged to notify the competent municipal office about collecting the nursing supplement, which is tantamount to losing the right to the allowance.

Submitting an appropriate declaration is, in turn, the basis for the municipal office to issue a decision on terminating the payment of the nursing allowance.

Can jointly paid benefits be retained?

The legislator explicitly stipulated that if a nursing supplement is granted for a period for which a nursing allowance has already been paid, ZUS will pay the pension or disability pension reduced by the amount corresponding to the amount of the allowance for a given period and transfer it to the bank account of the competent authority (e.g., MOPS).

However, if the authorities have not obtained information about the benefits, and the senior collecting the nursing allowance after the age of 75 does not notify the municipal office, and the office continues to transfer the benefit to them, a refund of the money will be necessary. Importantly, not only the unduly collected nursing allowance must be returned, but also statutory interest.

What then should be done to avoid problems? After reaching the age of 75, it is worth checking with ZUS whether the nursing supplement has been granted ex officio and, in the event of a positive decision, immediately notify the competent municipal office.

Legal basis

Act of December 17, 1998 on pensions from the Social Insurance Fund, Journal of Laws 1998 no. 162 item 1118.

Act of November 28, 2003 on family benefits, Journal of Laws 2003 no. 228 item 2255.