ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish
Article 7 point 5 of the Act on Family Benefits (Journal of Laws of 2017, item 1952, as amended, hereinafter: the Act) outlines the conditions that exclude entitlement to the family allowance. According to this provision, the family allowance is not granted to a person raising a child alone if child support has not been established based on an enforceable title issued or approved by a court.
This issue was addressed by the Provincial Administrative Court in Wrocław in its judgment of November 24, 2017 (case no. IV SA/Wr 389/17). The complainant, A.S., sought an additional family allowance due to raising her disabled daughter alone.
The complainant submitted a statement from the child’s father, indicating that he had voluntarily committed to paying child support. However, under Article 7 point 5 of the Act, a mere declaration of voluntary child support is insufficient. The support must be established through an enforceable title originating from or approved by a court.
The court also emphasized that demanding a court order for child support when the father is already paying voluntarily lacks justification. In the court’s view, “This would only lead to conflict between the child and the parent, which would ultimately damage the father-daughter relationship. Such a situation cannot be socially condoned.” This is especially important in the case of a disabled child, who requires support from both parents, and whose relationship with them is crucial in facing the daily challenges of disability.
Consequently, citing the failure to meet formal requirements and the incompatibility of the claim with principles of social coexistence, the court dismissed the complaint and denied the additional family allowance to the complainant.