The Flood Benefit was defined in Article 5 of the Act of 16.09.2011 on special solutions related to the removal of flood consequences (i.e., Journal of Laws 2024, item 654) (hereinafter: the Flood Act). The purpose of this Flood Benefit is to satisfy essential living needs. It can be received by a family or a single person managing a household who has been affected by a flood. A family is understood to be related or unrelated individuals in a factual relationship, cohabiting and managing a household. A single person managing a household is a person running a one-person household.
The Flood Benefit is granted regardless of the income of the family or a single person managing a household. The amount of the Flood Benefit is up to PLN 2000. In the government project dated 24.09.2024, a change to the Flood Act (hereinafter: the project) provided for an increase of the Flood Benefit by PLN 1000 to cover electricity or fuel costs necessary for drying areas occupied by a family or single person.
The benefit is granted upon request by the family or a single person managing a household, filed until 15 March 2025. The application is submitted to the mayor (city or town chief) of:
– the municipality where the applicant suffered damage, or
– the neighbouring municipality residenced by the affected person due to evacuation or the need to leave the flood-threatened place of residence.
In practice, the application is made to the head of the social welfare centre acting on behalf of the mayor (city or town chief). The application can also be made outside the social welfare centre, especially in the area of the flood. The project envisaged the possibility for the mayor (city or town chief) to delegate his powers to any municipal office employee and municipal organizational unit for making decisions on granting benefits and its payment.
The application form is attached to the Regulation of the Minister of Interior and Administration of November 16, 2011. The form includes declarations required by law, stating that as a result of the flood, the applicant suffered property damage along with its value, and did not apply for benefits in another municipality and agrees to verify the data in the application. There is also a statement under penalty of perjury for making false statements.
The decision to grant the Flood Benefit should be made immediately but no later than 2 days after the receipt of the application. The Flood Benefit is paid no later than 2 days after the decision to grant it, in the amount of:
– defined in the loss application if its amount does not exceed PLN 2000,
– 2000 PLN if the value of the damage defined in the application equals or exceeds PLN 2000.
Upon passing of the project, in its currently proposed shape, the Flood Benefit will be increased by PLN 1000 to cover energy or fuel costs necessary for drying premises.
The mayor (city or town chief), after the payment of Flood Benefit, verifies the truthfulness of statements in the application. If it turns out that the family or a single person managing did not suffer damage as a result of a flood, the benefit payout organ issues a return decision, setting the refund deadline no shorter than 7 days. The regulations regarding enforcement proceedings in administration regarding financial obligations apply to the return of benefits. Granting and paying out benefits belong to the delegated tasks from the scope of government administration performed by the municipality.
Target Benefit for ad-hoc assistance determined in Art. 40 of the social assistance act
In Art. 40, par. 2 it was foreseeable that the Target Benefit can be granted to a person or a family who have suffered losses as a result of natural disaster, and therefore e.g. floods. The Target Benefit can be granted regardless of income and may not be subject to return. The benefit is granted due to a natural disaster and paid out of funds received from the state budget. That’s why the municipality is obliged to follow the guidelines and recommendations of government agencies.
The Target Benefit amount is PLN 8000, set by the Minister of the Interior and Administration, in a document called Principles.[4] According to the Principles, the Target Benefit is granted on request by the person managing the household or by the official (with the consent of the person entitled to it), filed no later than 30 days after the day of flooding.
The application is filed with the mayor (city or town chief) of the local city of residence of the benefit applicant and in practice to the head of the social assistance center acting on behalf of the mayor (city or town chief). The application must be submitted in writing, but it can also be done orally to the protocol outside the social assistance center, particularly in the area of the flood.
According to the Principles, it is justified to pay out the target benefit for ad hoc assistance immediately, no later than 3 working days from the date they are received by the mayor (city or town chief) from the Voivode. The refund of unduly received benefits is regulated by Art. 104 of the Social Assistance Act[5]. Unduly received benefits are subject to collection under the provisions of enforcement proceedings in administration.
Random Benefit according to the currently valid regulations
At present, the random benefit for children and students for educational purposes is paid out based on the regulation of the Council of Ministers dated March 29, 2022, regarding the detailed conditions for providing aid to children and students in the form of a random benefit for educational purposes, aid to students in the form of therapeutic-educational trips and aid to children and students in the form of caring and therapeutic-educational activities in years 2022-2024 (Journal of Laws 2022, item 850 with amendments), hereinafter referred to as the regulation.
Against § 2 par 1a of the regulation, random benefits can be taken advantage of only by children and students if their families were granted a target benefit under Art. 40 of the Act dated March 12, 2004, on social assistance in connection with the losses occurred in 2024. The amount of this allowance is PLN 1000. Random Benefit is granted and paid out until December 31, 2024.
In the case of granting a target benefit, the mayor (city or town chief) due to the place of residence of the child or student informs the parents of the child or student (legal guardians), foster parents, people running a family children’s home, factual guardians in the meaning of the Act dated February 11, 2016, on state assistance in child-rearing (Journal of Laws 2019, item 2407 and 2021, items 1162, 1981 and 2270) or an adult student on the possibility of granting a random benefit.
After expressing consent to grant a random benefit by these persons, the mayor (city or town chief) prepares a list of children and students eligible to receive this benefit and grants them this benefit. The list contains the child’s or student’s first and last name and their place of residence. On the basis of this list, a random benefit is paid to parents of a child or a student (legal guardians), foster parents, persons running a family children’s home, factual guardians as specified by the Act dated February 11, 2016, on state assistance in child-rearing or to a mature student a random benefit.
Random Benefit in the project
In the project, in Art. 5d, the possibility of granting a one-time benefit, also called a Random Benefit, was anticipated. This is to be granted to children participating in the obligatory yearly preschool preparation and students attending all types of schools, being educated in a daily form. According to Art.19 of the project it will not apply to children and students who received the Random Benefit based on the currently valid provisions.
The Random Benefit will be granted regardless of the income of the family or a single person managing a household. The benefit won’t be related to the family receiving the Target Benefit mentioned in Art. 40 of the social assistance act. The amount of the Random Benefit will be PLN 1000. Random Benefit will be granted on request by the parents of a child or a student (legal guardians), foster parents, persons running a family children’s home, factual guardians as specified by the Act dated February 11, 2016, on state assistance in child-rearing (Journal of Laws 2019, item 2407 and 2021, item 1162, 1981 and 2270) or adult students.
The request form will be determined by the Minister of National Education. The request will be submitted to the mayor (city or town chief) of the municipality where an applicant suffered damage due to the flood, or a neighbouring municipality, resting on the territory of which he temporarily resides because of evacuation or the necessity of leaving a flood-threatened place of residence.
The organ will be obliged to pay the Random Benefit immediately, no later than within 2 days from the day of the application received. The application will have to be joined by relevant declarations which probably will be included in the application form. After paying out of Random Benefit, the organ will verify the correctness of data included in the application. If it turns out that the family or a single person managing didn’t suffer damage as a result of a flood, the organ paying the Random Benefit will issue a benefit return decision within 7 days. Refund provisions will be applied under the regime of enforcement proceedings in administration. Granting and paying out benefits belongs to the delegated tasks from the scope of government administration performed by the municipality.
Author: Legal Counsel Zbigniew Cieślak, Legal Office Chałas and Partners
[1] Sejm prints No. 672 and 672-A (Art. 61 of the project). [2] The deadline was specified in the regulation of the Council of Ministers dated 16.09.2024 on the list of municipalities where special solutions related to the removal of flood consequences from September 2024 are applied and solutions applied in their territory (Journal of Laws 2024, item 1371). [3] Regulation of the Minister of Interior and Administration dated November 16, 2011, on the procedure of payment and detailed procedure of return of the Flood Benefit and the form of application for the flood benefit (Journal of Laws 2011, No. 247, item 1477). [4] Valid since 17.09.2024 PRINCIPLES of granting financial aid from the state budget part 85 – Voivodes’ budgets, section 852 – Social assistance, chapter 85278 – Removal of natural disaster effects and target reserves for prevention and removal of the natural disaster effects, in the form of target benefits, referred to in the social assistance act and in the act on special solutions related to the removal of flood consequences, for families or single persons managing a household affected by the flood in September 2024 (hereinafter: Principles). [5] The Act of March 12, 2004, on social assistance (i.e., Journal of Laws 2024.1283 with changes).
Source: https://ceo.com.pl/zasilek-powodziowy-kto-moze-otrzymac-i-jak-go-uzyskac-32330
