Changes in sickness benefits from 2022

This will happen thanks to the Act of 24 June 2021 amending the Act on the social insurance system and some other acts (Journal of Laws, item 1621), which introduces relevant changes, inter alia, in the acts on:

  • the social security system i
  • cash benefits from social insurance in the event of sickness and maternity, known as the Benefit Act.

At the same time, the legislator stipulated (in Article 21 of the aforementioned amending act) that allowances and rehabilitation benefits to which the right arose before 1 January 2022 are to be paid in the amount, on the terms and in the manner specified in the provisions of the allowance act, in in the wording in force before that date, for the entire period of uninterrupted incapacity for work.

The scope of changes:

»Entitlement to benefits despite delay in paying contributions

From the new year, voluntary health insurance, which covers, inter alia, persons running a business will not cease due to delayed payment of contributions. Thus, entrepreneurs will be able to receive sickness insurance benefits also when they pay contributions after the deadline, without the need to submit applications to the Social Insurance Institution for consent to pay contributions after the deadline.

At the same time, people unable to work in the period for which they will have arrears in terms of contributions in an amount greater than 1%. the minimum wage (in 2022 – PLN 30.10), they will become entitled to the allowance only after the debt has been repaid. If they do not settle the debt within 6 months from the date of the entitlement to the benefit, this right will be time-barred. The obstacle in the payment of the allowance will not only be debt of a maximum of 1%. minimum wage.

»Higher allowance for the period of stay in hospital

Sickness benefit for the period of stay in hospital will be paid in the amount of 80%. the basis of the allowance assessment, and not as currently (with few exceptions indicated by the legislator) in the amount of 70 percent. this foundation.

»More frequent determination of a new allowance assessment basis

The basis for calculating the allowance will not be determined anew if there is no break between the periods of receiving benefits (regardless of their type) or the break will be shorter than a calendar month. Currently, in order to recalculate the Benefit Assessment Base, your Benefit Interval must be at least 3 calendar months.

»New rules for determining the benefit period *

The allowance period, which determines the total period for which you can receive sickness benefit, will in principle still be 182 days, and if you are unable to work due to tuberculosis or occur during pregnancy – 270 days. In addition to the uninterrupted periods of incapacity for work, the same benefit period will also include all periods of the previous incapacity for work, if the interval between the end of the previous incapacity for work and the occurrence of another incapacity for work did not exceed 60 days, even if they are caused by various diseases. Currently, if there are interruptions to work incapacity, the benefit period counts against the previous incapacity for work, provided it is caused by the same illness and the break does not exceed 60 days.

The only exception is for incapacity for work occurring during pregnancy, which, despite a break of no more than 60 days from the previous incapacity for work, will not be included in one benefit period with incapacity for work prior to the break.

»Shorter period of sickness benefit following the termination of insurance *

After the termination of your insurance, you will be entitled to sickness benefit only for a period not exceeding 91 days, even if the full 182-day benefit period is not used. However, this limitation will not apply to persons:

-patients with tuberculosis,

– unable to work during pregnancy and

– unable to work as a result of undergoing the necessary medical examinations provided for candidates for donors of cells, tissues and organs, as well as the procedure of collecting cells, tissues and organs.

»Maternity benefit also in the event of the death of the employer

The right to maternity allowance will be granted to women who give birth to a child after the end of insurance, if the insurance ends due to the death of the employer. Currently, in the event of the birth of a child after the end of sickness insurance, the maternity allowance is due if the insurance ceased during pregnancy as a result of the declaration of bankruptcy or liquidation of the employer, or in violation of the law, confirmed by a final court judgment.

Moreover, if the employment contract expires due to the death of the employer, the woman will be able to receive an allowance in the amount of maternity allowance until the day of childbirth, while at present such a benefit can only count on an insured employee who has been terminated during pregnancy due to declaration of bankruptcy or liquidation of the employer and who was not provided with other employment.

*) A person who will use the sickness allowance for the maximum period, but will still be unable to work, will be able to apply for a rehabilitation benefit as at present. It is granted (and will continue to be after December 31, 2021) for a maximum period of 12 months if the person applying for this benefit has a prognosis to regain ability to work after further treatment or rehabilitation.

author: Bożena Dziuba
Gazeta Podatkowa No. 93 (1864) of 2021-11-22

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The variety offered by video games never ceases to amaze him. He loves OutRun's drifting as well as the contemplative walks of Dear Esther. Immersing himself in other worlds is an incomparable feeling for him: he understood it by playing for the first time in Shenmue.

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