Article 209 of the Criminal Code shall apply from mid-2017 as a new wording. The petitioner considers that a fine, a restriction of liberty or a deprivation of liberty for a term of one year may be applied in order to avoid a maintenance obligation for at least three months. This clarification was to facilitate the collection of debtors' debts.
"The impressive effect of changes in the implementation of interim measures passed by the Ministry of Justice last year" – the Ministry of Justice has calmly assessed, summarizing the first results of the new rules. – "The number of people who have escaped their obligations, which immediately came to the National Debtors Register after the entry into force of the new rules, dropped almost fourfold between September and September 20100 from 2,500 to 650. At the same time, the cost of maintenance for the National Allowance Fund increased by as much as 116%. "
Dr. Ewa Dawidziuk, co-ordinator of the Alimentation Group in the Ombudsman, says that the amended article is not enough in itself to improve the situation of children raised by one of the parents. And the good results mentioned by the resort explain the freshness effect. – The new rules were worried by the wealthier debtors. They calculated that they did not want to create additional problems. But these fears have passed – he claims.
Recognized this problem, the Ministry of Family, Labor and Social Policy has developed a maintenance package. However, there were attacks on independent parents.
This is a change to the Law on Assistance Persons of 7 September 2007 entitled to maintenance (i.e. Item 2018, item 558, as amended). Indicates the income criterion applicable when applying for benefits from the Maintenance Fund. When it came into force in October 2008, the threshold was PLN 725 and was not increased for more than ten years. This means that the number of children for which municipalities pay support is systematically decreasing. The idea of packaging assumes that the threshold will be frozen and will increase to PLN 800. This would be the case when applying for benefits for the next benefit period, ie from October 2019. In announcing this proposal, Minister Elizabeth Rafalsk announced that she would be sent to social consultations at the same time.
Now outrage is caused not so much by the "upsurge" as by not listening to what independent parents have been saying for years. "In conjunction with The draft adopted by the Council of Ministers, the so-called maintenance package, without taking into account our previous position regarding the amount of income threshold giving entitlement to support from the Maintenance Fund, we are forced to make strong objections. An increase in the income threshold of PLN 75 after 11 years is considered as unanimous failure of independent parents, as there is no rationale for such increase and lack of dialogue with the social sphere, representing independent parents "- wrote in an open letter to the President, Prime Minister, Seimas and Senate chairs and parliamentarians from both houses, and dozens of social organizations. "Our estimates show that in Poland more than one million children do not receive maintenance that has been given a valid court judgment. Bailiffs' offices have about 600,000 staff issues related to alimony and from year to year their number will not decrease. With the current threshold of PLN 725 per family member (and thus PLN 1450 per parent with one child), coupled with the continuously increasing minimum wage, all full-time parents with one child are already in force for the current reference period, that is, from 2018 1 October. they do not meet the income criterion. Income earned in 2017, or at least PLN 1449.48, excluded this family help because it exceeded the "magic threshold" of PLN 9. The proposed changes should be introduced from October 1, 2019, which will allow the discussed family group to re-enter the range of people. , which is entitled to benefit from the Maintenance Fund only for a short time. Due to the increase in the minimum wage planned in 2019, these families will surpass the income threshold and will leave themselves in the face of economic violence from both the child's parent and the Polish state. "
In this way, the associations would like to reiterate that in 2007, when the minimum wage was PLN 936 gross (PLN 697.75 net), the maintenance fund's PLN 725 threshold was set in 2007. If it would increase evenly with the minimum wage, it would be PLN 1589.36 in 2018. The problem would no longer exist if the law applied the zloty zloty law. Then, after exceeding the assigned income, you would be entitled to benefits only afterwardslower height However, this is not the case.
In 2016, most of those eligible for funding from the FA are most of the familiesThose with one child – 66.9 percent. In 2013, the Alimony fund used 328.8 thousand. human beings. in 2014 – 324.4 thousand, in 2015 – 313.5 thousand, in 2016 – 295.7 thousand The data for the coming years is not yet known.
– On the one hand, debtors' liability from the Fund 13 to almost 26 percent. Minister Ziobro can talk about success. But at the same time you can not forget that more than 70 percent. the benefits are still not recovered, emphasizes Sylwia Spurek, a lawyer and deputy ombudsman. He claims that the fund's income criterion is a bad solution. The state should fully assume the obligation to pay maintenance, and then they must return to their full service by imposing their services on those who are obliged to waive the obligation to pay for children.
– But you know that he does not eatie simple work, – repeats Roberts Damskis, bailiff, also sitting at alimentation support team at RPO. He argues that reducing the role of bailiffs over the years has weakened their effectiveness. And the state obviously has no idea how to act effectively. – Three years ago, he abandoned the alimony. Previously, it was managed by tax offices in parallel with bailiffs, but their effectiveness was 3-4 percent. Today, we need to think debtors rather than efficiency in the interests of children.
We've heard promises. We will see what will happen
The MRPiPS has published a statement that "Increasing the amount of remuneration from work already done, for example, as a result of the increase in the statutory minimum wage, does not test the benefit already paid from the maintenance fund (…)". Who is here
Indeed, raising the minimum wage in 2018 to PLN 1530 did not lose the parents who were granted benefits until September 2018. However, in calculations, the Ministry does not indicate that in the new accounting period from 1 October 2018, the income applicable at the time of application Assistance with FA is an income for 2017. This means that all legally employed full-time parents did not receive state aid when raising one child, since the lowest income in 2017 was PLN 1449.48. In 2019, when applying for FA, the income will be applied to 2018, ie PLN 1530. Therefore, raising the threshold to PLN 800 is an obvious activity, since only one year old parent with one child will "take over the fund". Already in 2020, it will lose its rights again, since the lowest remuneration in 2019 will be PLN 1634.
you discover a letter of immense disregard for independent parents. These are powerful words.
When I first heard the offer, after PLN 75 after 11 years, I thought it was a joke. Maybe someone "lost" one zero. Today, I'm not laughing at, because this situation forces independent parents into a gray or even black area. It's not good to show revenue because you will lose the state's intent.
However, it must be admitted that in recent years politicians have started to notice the missed maintenance problem. The freezing of the income threshold in the fund is not the only offer.
The fact is an art amendment criticized for a long time, 209 k.k. held last May. But my dream is that Minister Ziobro should check his subordination to the knowledge of the ministry and the application of the new law. The association sent our children in a drastic decision-making procedure for the termination of the prosecutor's office to avoid paying child support payments. It's about justification. It is inevitable that many prosecutors operate on the basis of the old rules. No one thought about organizing him and the police training, which is the first siege on these issues.
Yes, we have heard a long list of promises in recent months. Immediate maintenance, tough debtors' register … We are waiting when we do not know what will happen.