Cross-border personal injury cases involve many challenges. Sometimes one of the important factors in such case may be the social benefits that the injured party is entitled to. This might be straightforward in many cases, but what if the injured party moves to another country?
When it comes to Poland specifically, the social benefits system is quite complicated and difficult to navigate. There are dozens of potentially applicable benefits for, for example, those with disability certificates, with varying requirements and limitations. Discussing them all is far beyond the scope of a blog post, but below is a concise overview of some of the more relevant ones:
1. Pension for total incapacity for work (renta z tytułu niezdolności do pracy)
This benefit is available to persons recognised as completely unable to work. It serves as a partial replacement of lost earnings. It is already being received by the individual in the case at hand.
2. Support allowance (świadczenie wspierające)
This benefit is linked to an assessment of “support needs” carried out by the provincial disability assessment team. The score (70–100 points required) determines eligibility and the amount. Payment ranges from 40% to 220% of the social pension (currently approx. PLN 1,879 gross per month). An application must be submitted, and eligibility is not automatic, even for those with a disability certificate.
3. Care allowance (zasiłek pielęgnacyjny)
Granted, among others, to persons over 16 with a certificate of severe disability. The current monthly amount is PLN 215.84. It is intended to offset the costs of care and assistance.
4. Special carer’s benefit (specjalny zasiłek opiekuńczy)
This scheme was closed to new applicants as of 1 January 2024. However, persons who obtained entitlement before that date may continue to receive it until the end of their approved period. It was granted to close relatives (including spouses) who refrained from employment in order to provide constant care, subject to strict income thresholds. For those that continue to receive it, the amount is PLN 620 per month.
One of the key takeaways for cross-border cases is that, with the exception of the (now sunset) special carer’s benefit, the schemes mentioned above are all paid directly to the disabled person. Of course, there are many other benefits in the Polish social security system, but it can be said that since the January 2024 legislation changes, granting benefits directly to the disabled person, rather than to their carer/family member, is a fairly clear trend.
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