Polish Ombudsman exposes systemic violations in local offices handling of rehabilitation stay funding from PFRON.
Decision or Information?
According to the Ombudsman, while regulations are theoretically clear, local offices treat funding notifications as regular information rather than administrative decisions, leaving applicants without clear appeal paths.
The Ombudsman argues that these notifications should have the character of administrative decisions to provide real protection for the rights of people with disabilities.
Illegal Local Criteria
More serious concerns arise from local governments introducing additional criteria for awarding funding that are not provided for in the rehabilitation stay regulations.
These criteria are often established by director orders or local resolutions, which the Ombudsman firmly opposes, stating that internal acts cannot limit rights guaranteed by generally applicable laws.
Who Is Being Excluded?
In one analyzed case, funding was restricted only to children up to 16 years old and people up to 24 years who are studying and not working, regardless of the degree of disability, while excluding people with significant and moderate degrees of disability.
Such practices exclude entitled individuals from aid for several consecutive years.
Court Rulings on Budget Limitations
Administrative courts in Gliwice and Gdańsk have ruled that lack of funds cannot automatically lead to denial of rehabilitation funding, as this would violate the regulations.
The law allows only two limitations: reducing the amount (by a maximum of 20%) or providing support less frequently, such as once every two years, but not complete exclusion of eligible individuals.
RPO’s Appeal to Government
The Ombudsman Marcin Wiącek has appealed to Minister Agnieszka Dziemianowicz-Bąk to increase funds for rehabilitation stays and standardize their award criteria.
The RPO expects clear legal and organizational guarantees that will end arbitrary practices and ensure real access to support for people with disabilities.
