Feb 17 • 12:55 UTC 🇵🇱 Poland Rzeczpospolita

ZUS cannot refuse 300 plus, because the child’s guardian did not apply for adoption

A recent ruling by Poland's Supreme Administrative Court establishes that the social security office (ZUS) cannot deny financial assistance under the 'Good Start' program based solely on the lack of legal adoption by the guardian.

A recent decision by the Supreme Administrative Court of Poland has clarified that the social security office, known as ZUS, is not permitted to deny financial support under the 'Good Start' program, colloquially known as '300+', if the child’s legal guardian has not formally adopted the child. This ruling arose from a case involving a grandmother who was denied the assistance necessary for her granddaughter’s school expenses after taking custody of her in July 2022. The ensuing refusal by ZUS was based on a misunderstanding of the program's stipulations, specifically a regulation established by the Council of Ministers in June 2021.

The case has attracted attention as it highlights issues surrounding the bureaucracy and accessibility of state support for families in need. The grandmother’s application for the 300+ benefit was submitted in September 2022, shortly after she became the actual caregiver for her granddaughter. Despite ZUS acknowledging that the 300+ benefit is available to factual guardians, the bureaucratic decision-making led to a significant gap in support, raising concerns regarding the interpretation of legal criteria in welfare applications.

This ruling not only affects the specific case of the grandmother and granddaughter but potentially sets a precedent for other non-traditional guardians seeking state support. As the court emphasized the importance of recognizing the realities of caregiving versus strict legal definitions, it urges ZUS and similar agencies to consider the genuine circumstances over rigid procedural rules. Moving forward, this case may push for reforms in how child welfare programs assess eligibility, ensuring that the intent of state assistance aligns with the diverse family dynamics present in today’s society.

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