Published: 2020-11-26

Care Benefits for Carers of Disabled Adults: an Example of Inconsistency in the Polish Policy

Maciej Borski
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2020.20.3.04

Abstract

The provision of effective support for public authorities responsible for the welfare of disabled adults and their carers should be one of the fundamental tasks of the state. However, a review of the legal provisions currently in force in Poland leads to a conclusion that there are no wellplanned, systemic regulations, and the measures in force are arbitrary and disordered. The aim of this study is to show that Polish policy on benefts granted to the carers of disabled adults is inconsistent. The way the families of disabled adults are treated is extremely erratic and unfair. The amount of the subsidy carers receive depends on whether the disability was diagnosed and officially recorded when the disabled person was still a child, in which case the benefit is higher, or whether the disability was not confirmed until the disabled person had reached adulthood, e.g. as a result of a road accident. The inconsistency of the provisions is presented in the light of the current judicial practice of Polish administrative courts. The issue is described in the context of two landmark rulings handed down by the Polish Constitutional Tribunal, which the legislator has still not implemented.

Keywords:

carer; disabled adult; the Polish Constitutional Tribunal; beneft; allowance; special care allowance; the Polish administrative courts.

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Borski, M. (2020). Care Benefits for Carers of Disabled Adults: an Example of Inconsistency in the Polish Policy. Zeszyty Prawnicze, 20(3), 91–118. https://doi.org/10.21697/zp.2020.20.3.04

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