{"title":"MOŻLIWOŚĆ WYBORU MIĘDZY ŚWIADCZENIEM PIELĘGNACYJNYM A SPECJALNYM ZASIŁKIEM OPIEKUŃCZYM – PROBLEMY PRAKTYCZNE","authors":"Adrianna Szczechowicz-Raś","doi":"10.31338/2544-3135.si.2022-95.27","DOIUrl":null,"url":null,"abstract":"The article analyzes the provisions of law and jurisprudence in the aspect of the\npossibility for the beneficiary to choose a nursing benefit when a special care allowance\nhas already been granted by an earlier decision. The main objective of the article is to\nindicate the interpretation of the provision used in the previous practice by the authorities\nand the current problems presented in the jurisprudence of administrative courts\nthat affect the statutory right of a party to choose a benefit. In the author’s opinion,\nthe legislator does not take into account the changing economic and social situation in\nthe adopted legal solutions, which is controversial in practice. The lack of legislative\ninitiative in this regard leaves the judicature with the problem of non-compliance with\nthe provisions. Administrative courts are forced to correct structural imperfections of the\nsocial security system in terms of support for carers of people with disabilities, which\nshould not take place in a democratic state, as it is the sole role of the legislator.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Studia Iuridica Lublinensia","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.31338/2544-3135.si.2022-95.27","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
MOŻLIWOŚĆ WYBORU MIĘDZY ŚWIADCZENIEM PIELĘGNACYJNYM A SPECJALNYM ZASIŁKIEM OPIEKUŃCZYM – PROBLEMY PRAKTYCZNE
The article analyzes the provisions of law and jurisprudence in the aspect of the
possibility for the beneficiary to choose a nursing benefit when a special care allowance
has already been granted by an earlier decision. The main objective of the article is to
indicate the interpretation of the provision used in the previous practice by the authorities
and the current problems presented in the jurisprudence of administrative courts
that affect the statutory right of a party to choose a benefit. In the author’s opinion,
the legislator does not take into account the changing economic and social situation in
the adopted legal solutions, which is controversial in practice. The lack of legislative
initiative in this regard leaves the judicature with the problem of non-compliance with
the provisions. Administrative courts are forced to correct structural imperfections of the
social security system in terms of support for carers of people with disabilities, which
should not take place in a democratic state, as it is the sole role of the legislator.