Controversies are emerging in Poland over decisions by regional disability assessment teams (WZON) potentially reducing support payments for elderly citizens.
Support Benefit Expectations and Procedural Issues
The supporting benefit was long-awaited by people with disabilities, whose living costs are very high and constantly rising. However, in practice, this benefit may create many problems due to the complicated procedure and extra-legal practices aimed at limiting the amount of these benefits for the elderly.
A 90-Year-Old’s Case: A Deteriorating Situation
A relative of the author, who suffered a stroke in 2024 and requires 24-hour care, received a supporting benefit of 92 points in 2024. When the assessment was renewed in 2025, the level of support for the 90-year-old, whose health has been steadily declining, was reduced to 81 points.
Questionable Assessments of Regained Abilities
WZON (Voivodeship Team for Assessing the Degree of Disability) reportedly determined the patient had “regained” partial ability in areas such as navigating unfamiliar environments, using public transport, classifying stimuli, and conducting conversations. In reality, the individual cannot move independently even within their home and requires assistance in all areas of activity due to senile dementia. A subsequent decision, issued after an objection, further reduced the points to 80, necessitating an appeal to the court.
Legal Basis of the Supporting Benefit
The supporting benefit is established under the Act of July 7, 2023, on supporting benefits. It is available to individuals aged 18 and over who have a decision establishing the level of support need at 70 to 100 points.
Benefit Amount and Exemptions
The amount of the benefit depends on the score and is related to the amount of social pension. The benefit is exempt from income tax, is not subject to enforcement, and can be received in conjunction with other benefits, such as a social pension.
Extra-Legal Guidelines and Systemic Limitations
There is no legal basis for the practice of limiting points for individuals over 75 years of age. Article 4b, paragraph 1 of the Rehabilitation Act states that when determining the need for support, the person’s ability to perform activities independently, taking into account their age and disability, is considered.
“The System Won’t Let It Through” and Ministerial Directives
A member of the assessment panel enigmatically stated that “the system won’t let it through” when asked about the reason for the reduced score. Media reports indicate that in December 2024, the Ministry of Family, Labor and Social Policy issued guidelines stating that every elderly person is automatically limited in 9 areas of the independence test to a low qualifier, reducing the benefit amount. This practice lacks any legal basis.
Judicial Recourse and Legislative Traps
Labor and social security courts offer a potential avenue for justice. However, the law includes a provision stating that in the event of the beneficiary’s death, the benefit is paid to a cohabitant only for the full month of death, if it has not already been paid. This regulation raises doubts about its compatibility with the constitutional principle of social justice, and some entitled individuals may not live to see a fair verdict, leaving the cost of their care to their families.
