Alternating Custody and '800 Plus': Landmark Ruling Clarifies Benefit Distribution

Poland's Supreme Administrative Court (NSA) has issued a landmark ruling clarifying the distribution of the "800 plus" child benefit in cases of alternating custody. The court determined that the benefit is not automatically divided equally between parents simply because custody is shared.

The case involved a father who had been receiving the full benefit for his daughter. However, the Social Insurance Institution (ZUS) later demanded the repayment of funds, arguing that under alternating custody, he was only entitled to half the amount. ZUS cited a family court ruling establishing alternating custody as justification for this claim.

The father contested this, asserting that the custody agreement only specified living arrangements and care, while both parents had agreed the benefit would be paid to him for the child's needs. Initially, his arguments were dismissed, but the Provincial Administrative Court in Gdańsk sided with him. The NSA upheld this decision, emphasizing that a literal interpretation of the law, detached from its purpose, would be incorrect.

The NSA's ruling stresses that the regulation aims to address the recipient of the payment, not necessarily to reduce the total amount allocated per child. It requires an individualized assessment, rejecting an automatic split. The court highlighted that the law allows for an equal division between parents but only when both are actively exercising their rights within the benefit system, and when such an arrangement genuinely serves the child's best interests.

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Przy opiece naprzemiennej nie ma automatycznego dzielenia wsparcia na pół, jeżeli tylko jeden z małżonków złożył wniosek, a wypłata pełnego świadczenia jednemu z rodziców nastąpiła za zgodą obojga i służyła potrzebom dziecka.