PLN 1,900 Benefit: Parents Denied Due to Childcare – ZUS Catch

by Archynetys Economy Desk

ZUS refuses to grant a benefit intended to provide the necessary means of subsistence to senior parents who resigned from employment in order to raise children or for this reason did not take up employment at all (i.e. supplementary parental benefit under the “Mama 4 plus” program) if the care of at least one of the four children (who is not their own child or a spouse’s child) has not been formally regulated (i.e. the child has not been adopted or accepted for upbringing in a foster family). The mere provision of actual care for at least four children does not constitute the right to supplementary parental benefit. Failure to raise a child throughout the entire period from birth to adulthood – grounds for ZUS’s refusal to grant the above-mentioned benefits, however, it can no longer constitute.

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ZUS benefit for raising at least four children (i.e. supplementary parental benefit under the “Mama 4 plus” program) – who is entitled to it, in accordance with the currently applicable regulations?

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Parental supplementary benefitwhich is due from March 1, 2019 and was introduced by the Act of January 31, 2019 on supplementary parental benefit (otherwise known as the program – „Mama 4 plus”) – Is a benefit intended to provide the necessary means of subsistence to people who have given up employment to raise children or have not taken up employment at all for this reason.

In the current legal situation – in accordance with Art. 3 above Act – you are entitled to it:

  • motherwhich she is 60 years old and she was born and raised the she only raised at least 4 children and
  • fatherwhich is 65 years old and raised at least 4 childrenBecause the children’s mother died, abandoned them or did not raise them for a long time,

if they do not have the income to provide the necessary means of subsistence (i.e. income equivalent to at least the currently applicable minimum pension amount).

The condition of giving birth and raising or only raising at least 4 children can be met not only towards your own childrenbut also – the spouse’s children, adopted children or children accepted for upbringing within a foster family (except professional foster family).

Furthermore, to receive the benefit, a senior citizen or, respectively, a senior citizen, must have lived in Poland and had the center of her life’s interests here for at least 10 years (after the age of 16) and also have:

  • Polish citizenship the
  • citizenship of one of the Member States of the European Union or Member States of the European Free Trade Association (EFTA) and have the right of residence or the right of permanent residence in Poland or
  • legalized stay in Poland (if a foreigner).

ZUS benefit for raising at least four children (i.e. supplementary parental benefit under the “Mama 4 plus” program) – not for senior parents who “only” actually took care of the children

The above-mentioned condition for eligibility for a parental supplementary benefit under the “Mama 4 plus” program, which concerns raising at least 4 children, does not include children for whom the persons applying for the benefit exercised actual care (i.e. for whom they were the actual guardians, i.e. – who lived together with them and were supported by them), if they are not their own children, their spouse’s children or these children were not adopted or accepted for upbringing within a foster family.

This may concern situations such as the one described by one of INFOR’s readers:

Continuation of the material below the video

“My mother-in-law, who gave birth to 4 children but raised three (one died during childbirth). Additionally, she raised her brother (their parents died when their mother-in-law’s brother was a minor).

Unfortunately, for a year we have been colloquially speaking “fighting” for justice, or rather my mother-in-law has been fighting. ZUS refuses to grant the benefit because at that time there was no concept of “foster family”, only care or guardianship. Of course, the mother-in-law appeals, but each appeal brings a new “but”. Wrong nomenclature, too short a care period, etc. It has been going on for almost a year now.

Perhaps it would be worth taking a closer look at situations where a mother is in a different situation than one who gave birth to and raised four children.. I think there are more such people in Poland, but unfortunately not everyone has the patience to respond to letters from offices, which clearly indicate attempts to dismiss the decision or discourage the person who is applying for the benefit.

The above example shows that if a person, currently of senior age, who applies for a supplementary benefit, did not have “formally” regulated care for one of the four children (through adoption or adoption of this child for upbringing in a foster family) and it is not also his or her spouse’s child, ZUS may refuse to grant him or her a benefit under the “Mama 4 plus” program. However, it is worth noting at this point that another benefit that parents are also entitled to in connection with raising children (but to parents who are currently raising children, not to senior parents who have raised children in the past), i.e. parental benefit 800 plusin accordance with art. 4 section 2 point 2 of the Act of February 11, 2016 on state aid in raising childrenis also available to the child’s actual guardians (i.e. persons with whom the child lives together and is dependent on them). However, a criterion for eligibility for a benefit analogous to the above was not included in the Act of January 31, 2019 on supplementary parental benefits (under which senior parents are entitled to supplementary parental benefits under the “Mama 4 plus” program). The above may become an inspiration for senior parents who have been deprived of the right to supplementary parental benefits under the “Mama 4 plus” program only because they have not formally regulated the care they provide for one of their four children to request intervention in this matter, e.g..

Benefit from ZUS for raising at least four children (i.e. supplementary parental benefit under the “Mama 4 plus” program) – however, ZUS cannot refuse to grant the benefit only because the “upbringing” did not cover the entire period from the child’s birth to the age of majority (NSA judgment)

When considering who is entitled to supplementary parental benefit, it is also worth paying attention to: judgment of the Supreme Administrative Court of April 15, 2025, ref. no. act III OSK 2844/24according to which – the condition of “raising” a child may also be met if caring for the child does not cover the entire period from its birth to adulthood. (which is often the case, e.g. in the case of foster parenting).

As explained by the NSA – the concept of “upbringing” included in art. 3 section 1 point 1 of the Act of January 31, 2019 on supplementary parental benefit, Is “a concept characterized by a very wide range of blurriness. (…) Activities undertaken in the course of upbringing do not always have to begin at the moment of the child’s birth. The benefit may also be claimed by a mother who adopted a child, became a foster family, or started actual care of her spouse’s or other children, and in these cases, the beginning of activities undertaken in the course of upbringing may concern older children.. Therefore, a situation is also possible in which a person is already a teenager at the time of adoption, establishment of a foster family, or is the child of a spouse, and There is a relatively short period left until reaching the age of majority. Hence, when interpreting Art. 3 section 1 point 1 of the Act, and specifically the “raised” condition, one should take into account the very different, but permitted by the legislator, factual circumstances of the case, which means that the effect of the interpretation should be an understanding of the condition that will be useful in very diverse factual situations. Therefore, it is not possible to introduce specific time frames for establishing the “raised” condition“, but in each specific case it should be determined whether the activities undertaken towards the child by the mother led to his upbringing, i.e. to bringing about relative independence in his current functioning through her own actions, or whether due to the age of the child (e.g. several years old) this process has not been completed, or due to the age of the child (e.g. teenager) in which the mother only started performing these activities, it cannot be assumed that she met the condition of upbringing, because due to the length of the period of care provided by another person, the child was raised by this person. person.”

Therefore, if ZUS refuses to grant a parental supplementary benefit only because the upbringing of one of the four children did not cover the entire period from the child’s birth to the age of majority – in a complaint to the Provincial Administrative Court in Warsaw against ZUS’s negative decision – it is worth referring to the above-mentioned Supreme Administrative Court ruling.

ZUS benefit for raising at least four children (i.e. supplementary parental benefit under the “Mama 4 plus” program) – when is it not yet due, in accordance with the currently applicable regulations?

The Act of January 31, 2019 on supplementary parental benefit also provides for: other exclusionsi.e. cases where supplementary parental benefit will also not be granted. And so – they will not receive benefits:

  • fathers – even though they are over 65 years old and have raised at least 4 children – if the children’s mother is alive, has not abandoned them or stopped raising them for a long time,
  • mothers and fathers entitled to a pension or disability pension in the amount of at least the lowest pension,
  • mothers and fathers temporarily arrested or serving a prison sentence (excluding serving a prison sentence under an electronic monitoring system),
  • mothers and fathers deprived of parental authority by the court or whose parental authority has been limited by placing a child or children in foster care, and
  • mothers and fathers who have stopped raising children for a long time.

One of the circumstances excluding the right to benefits from ZUS for raising at least four children is being entitled to a pension or disability pension in the amount of at least the lowest pension. To put the above simply – parental supplementary benefit under the “Mama 4 plus” program Therefore, people who had a similar upbringing will not receive it (at least four children) with work. Unless they receive a pension benefit in an amount below the minimum pension amount – then the rule applies zloty for zloty” and the “Mama 4 plus” benefit will be granted to them, but in an appropriately lower amount (it will be in addition to the amount of the lowest pension). Persons who receive a pension benefit in an amount exceeding the amount of the lowest pension will not receive the “Mama 4 plus” benefit at all.

You can read more about the above circumstances excluding the right to supplementary parental benefit in the article:

ZUS benefit for raising at least four children (i.e. supplementary parental benefit under the “Mama 4 plus” program) – in what amount can you receive it, in accordance with the currently applicable regulations?

If an eligible senior mother or senior father of at least 4 children does not receive a pension or disability pension – supplementary parental benefit is due in the amount of the minimum pensioni.e. currently (i.e. from March 1, 2025) – in height PLN 1,878.91 per month. This benefit subject to annual indexation (from March 1 each year).

However, if an eligible senior mother or senior father receives a pension or disability pension in an amount lower than the minimum pension, then (as already mentioned above) – the supplementary parental benefit is due in an amount equivalent to the difference between the currently applicable amount of the lowest pension and the amount of the benefit received (i.e. – it is supplement to the minimum pension).

ZUS benefit for raising at least four children (i.e. supplementary parental benefit under the “Mama 4 plus” program) – how to apply for it, in accordance with Currently applicable regulations?

To receive supplementary parental benefit, please contact: ZUS (or respectively – CROSS) with the appropriate one application for supplementary parental benefit.

Correctly completed application to ZUS must contain:

  • personal data of the person applying for the benefit, i.e.: name, surname, date of birth, PESEL number (and if you do not have it – series and number of your ID card or passport),
  • address of residence of the person applying for the benefit (and if he or she does not have a permanent place of residence – the address of the place of stay or last place of residence),
  • correspondence address of the person applying for the benefit (if different from the residential address),
  • information on how the person applying for the benefit wants to receive it (and the necessary data for ZUS to process the payment, i.e. e.g. bank name and bank account number),
  • signature of the person applying for the benefit.

The application for supplementary parental benefit also includes: join:

  • information about children’s PESEL numbers,
  • a statement about the current personal, family, financial and financial situation of the person applying for the benefit,
  • a foreign civil status document confirming the birth of a child, if the child’s birth certificate is not drawn up in the Polish civil status register,
  • court decision entrusting foster care of the child and
  • other documents that may affect the granting of benefits,

and also to confirmWhether:

  • were born or raised at least 4 children,
  • there were breaks in raising children, and if so, how long and what was the reason for them,
  • you have limited parental rights or are deprived of them,
  • you live in Poland and, after turning 16, have had your center of interests here for at least 10 years,
  • you have an established right to a pension or disability pension,
  • you receive a pension or disability pension,
  • income is obtained from employment or other gainful activity,
  • other income is obtained,
  • you are in detention or a prison.

In the case of senior fathersapplying for benefits – they should further indicate in the declaration (attached to the application for benefits) the date of death of the children’s mother, abandonment of the children or cessation of raising them for a long period and the above circumstances should be confirmed by appropriate documents.

After considering the application, ZUS (or KRUS, respectively) issues it decision to grant or refuse to grant a benefit. In the event of a positive decision by ZUS (or KRUS, respectively) – benefit payment is entitled to from the first day of the month in which ZUS (or respectively – COURSE) issued a decisionbut not earlier than the date on which the person applying for benefits reached the general retirement age (i.e. 60 years in the case of women and 65 years in the case of men, respectively).

ZUS benefit for raising at least four children (i.e. supplementary parental benefit under the “Mama 4 plus” program) – how can you confirm the circumstances taken into account when considering the application for it?

According to ZUS, the information provided in the application for granting supplementary parental benefit and in the declaration of your personal, family, property and financial situation may be document:

  • certificates from the competent tax office confirming the sources of income or revenues and their amount,
  • certificates confirming current employment or other gainful activity and the amount of income or revenues achieved,
  • certificates confirming the amount of other benefits they receive,
  • certificates from the commune office confirming the type and size of the farm owned,
  • declarations about the amount of income from the farm or
  • other documents confirming their personal, family, property and financial situation.

Benefit from ZUS for raising at least four children (i.e. supplementary parental benefit under the “Mama 4 plus” program) – what can you do if you refuse to grant it?

If received ZUS’s negative decision to grant supplementary parental benefityou have the right to:

  • reporting to the president of ZUS application for reconsideration of the case – within 14 days from the date of delivery of the decision,
  • submission complaints to the Provincial Administrative Court in Warsaw (through the president of ZUS) – within 30 days from the date of delivery of the decision.

If the decision issued by ZUS after reconsidering the case is also negative, then you also have the right to file a complaint to the Provincial Administrative Court in Warsaw.

Right to submit appeal to the district court – labor and social security court (it should be distinguished from the Provincial Administrative Court in Warsaw, to which the above-mentioned complaint may be filed against ZUS’s refusal to grant a benefit), however, it is entitled to ZUS’s decision regarding:

  • re-determining the amount of supplementary parental benefit,
  • termination of the right to this benefit,
  • payment of this benefit and
  • refund of unduly received benefits.

Legal basis:

  • Act of January 31, 2019 on supplementary parental benefits (consolidated text: Journal of Laws of 2022, item 1051, as amended)
  • Act of February 11, 2016 on state aid in raising children (consolidated text: Journal of Laws of 2024, item 1576, as amended)

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