ZUS rejected the application: A person with a significant degree of disability and in a very difficult health situation applied to ZUS for the cancellation of overdue insurance premiums. However, the plant explained that cannot write off debts to every personwhich shows maintenance expenses. He found that these expenses could not be called extraordinary and unpredictable. Budget household is PLN 5,079.71 (disability pension and care benefit collected by the legal guardian). ZUS emphasized that “this budget is much higher than the social minimum” – reports the website forsal.pl, which refers to the judgment of the Provincial Administrative Court in Wrocław (III SA/Wr 308/24).
The decision was made: The bet will have to reconsider the application. The judgment is invalid. “ZUS lost the case before the Provincial Administrative Court because it took into account rent and medical expenses, but… he omitted all the so-called basic life needs” – we read. According to the court, a household in which a person with a significant degree of disability lives is burdened with high expenses.
The court cannot force ZUS: Decisions regarding the cancellation of overdue social security contributions are made as part of the so-called administrative discretion. “This means that it is possible, but unfortunately not obligatory, to write off such receivables“- emphasizes the portal.
What is the social minimum? This is a defining indicator household costs based on a basket of goods used to meet low-level living and consumption needs. Social minimum is estimated every three months (for quarterly periods for Poland in total based on prices quarterly published by the Central Statistical Office) and every year (for Poland and for voivodeships and city classes based on average annual prices from the Central Statistical Office). The social minimum in the second quarter of 2024 for a single-person household was estimated by the Institute Work and Social Affairs for the amount PLN 1,821.11.
Read also: “ZUS wants refunds from tens of thousands of people. Grandma problems. Conflict with the old PiS program“.
Sources: ForsalInstitute of Labor and Social Affairs [link] [link]
Write to the author: dominik.molinski@grupagazeta.pl