UNCONSTITUTIONALITY OF SELECTED PROVISIONS OF THE FAMILY BENEFITS ACT CONCERNING NURSING BENEFIT

Abstract

The paper discusses selected provisions of the nursing benefit in terms of their constitutionality. The article primarily identifies the effects for the decision of the Constitutional Tribunal in the judgment K 38/1. The ruling undermined the constitutionality of Art. 17(1b) of the Act on family benefits, in terms of differentiating the right to a nursing benefit for people caring for a disabled person who has reached the age specified in a given provision in relation to the moment of the appearance of the disability. As a result of the ruling, common problems related to the practice of applying the law arose. The purpose of this article is to examine the constitutionality of selected provisions on the nursing benefit. The author will notice all the problems directed at illegal regulations focusing on the nursing benefit, and will signal feasible ways to solve them