Some people may lose their right to this care benefit. This can be prevented, but there is a catch

Finding your way in the chaos of bureaucracy related to the granting of various types of benefits to people with disabilities and their families can be a real challenge. People who receive care benefits or are just applying for them should keep in mind the changes that came into force at the beginning of 2024. This is a reform introducing support benefits. The Act on Supportive Benefits, which came into force on January 1, 2024, introduced changes in the granting of cash benefits – it is not only about the possibility of applying for a support benefit. It also affects the care benefits granted so far, because you cannot use both forms of financial support at the same time.

When can you lose care benefits?

From January 1, 2024, people who have not previously received care benefits will no longer be able to apply for them. Only those who take care of people with disabilities until they are 18 years old will receive such a benefit under the new rules. In the case of people who are already receiving care benefits, in accordance with the new regulations, their payment is suspended if the person who requires care or the person authorized to represent them has submitted an application for a support benefit.

What does this mean in practice? If someone previously received care benefits for an adult, they can keep them under the existing rules. However, if a disabled person submits an application for a support benefit, the right to the care benefit will be suspended. When the ZUS proceedings end with the granting of a support benefit, the guardian of a disabled person will irrevocably lose the right to the care benefit granted to that person. However, during the transition period, the caregiver will maintain insurance. When the ZUS proceedings end with the granting of a support benefit, the caregiver will also lose the right to it.

How not to lose the right to care benefits?

When applying for a support benefit, you must submit an application to the WZON for a decision determining the level of support need. However, submitting such an application does not mean that the guardian will lose the right to care benefits. “Only when the WZON decision determining the level of support need becomes final, can we decide what to do next – whether we submit an application for a support benefit to the Social Insurance Institution, or whether the family remains on the old rules – i.e. the caregiver receives a care benefit and the person with a disability does not apply for a support benefit from the Social Insurance Institution (ZUS), explains Dr. Michał Urban, a legal advisor from the Urban Legal law firm, in an interview with praw.pl.

You can then decide to stay on the old terms – parents or guardians can simply choose a more advantageous solution. In this situation, the caregiver continues to receive care benefits, and the disabled person does not apply for support benefits. Also check what errors may result in applications for support benefits not being considered – this knowledge will be useful if you want to apply for this type of benefit.

There are also situations when someone takes care of more than one person with a disability, for example their mother and father. If one of these people applies for a support benefit, you do not have to worry about losing the care benefit. In such a situation, the care benefit will be granted to the other person.