In Poland, ZUS for the first time paid care benefits to same-sex spouses — RMF24

In Poland, the Social Insurance Institution (ZUS) has for the first time paid care benefits to same-sex married couples. The institution received two applications, both of which were approved, and the applicants received the funds due to them, RMF24 reports.

Recognition of marriages concluded abroad

Since August 23, a regulation has been in force in Poland allowing a record of a same-sex marriage concluded abroad to be entered into the Polish civil status register through transcription. Once such a marriage is recognized by Polish authorities, the spouses may exercise the same rights as opposite-sex couples, including applying for ZUS benefits.

According to the Ministry of Digital Affairs, by the end of the previous week, Polish civil registration authorities had completed 516 transcriptions of same-sex marriage certificates concluded outside the country. Of these, 198 concerned female couples and 318 concerned male couples.

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Conditions for receiving the benefit

The care benefit is due to a person who must care for an ill husband or wife, provided that other requirements established by law are met. ZUS stressed that entitlement to the benefit does not depend on the sex of the husband or wife.

If an employer has more than 20 insured persons, the benefit is paid by the contribution payer. In other cases, the funds are transferred directly by ZUS. The institution does not yet have information about such payments to same-sex spouses by other contribution payers.

The new rules were a response to a ruling by the Court of Justice of the European Union, which obliged Poland to recognize same-sex marriages concluded in other EU countries. The update of marriage certificate forms is also linked to rulings by Polish administrative courts on the transcription of foreign certificates of such marriages.