Studia Administracyjne

The March 10, 2022 judgment of the Regional Administrative Court in Szczecin, ref. II SA/ Sz 1285/211, is an important voice in the discussion of the differentiation of the situation of persons entitled to family benefits, particularly in the context of the provision of Article 17(1) of the Law on Family Benefits. The case involved an application for nursing benefits on the grounds that the party had given up employment or other gainful activity to care for a brother-in-law with a disability. The party was denied the benefit. It filed a complaint with the Regional Administrative Court. The court interpreted the regulations pro-constitutionally, deviating from the interpretation of the regulations strictly speaking. The judgment may be an intervening voice in Polish jurisprudence. The principle of equality, justice was invoked. It also pointed to the judgments of other courts in a similar case, and also referred to legal provisions that may significantly affect the more just interpretation of Article 17(5)(1)(a) of the Family Benefits Act . As a result, people whose situation required it were supported by the social assistance system. The Court's dilution of the group of persons entitled to benefits is an important step towards a fairer interpretation of Article 17(5)(1)(A). The author pointed out the divergence of the Polish line of jurisprudence on the case in question, and drew attention to the arguments that approve the judgment of the court in Szczecin.