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  1. 1 Praca Socjalna

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  1. 1 Łakoma S.

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  1. 1 2020

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Granting non-cash benefits within the social welfare system in the light of administrative judicial practice - selected issues

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Łakoma S.
Praca Socjalna
|
2020
|
vol. 35(3)
167-203
EN
The granting of non-cash benefits within the social welfare system, in particular care services and specialist care services, as well as services in the form of placement in a social welfare home has repeatedly been the subject of interest of administrative courts. The analysis of the judicial practice of these courts leads to the conclusion that the award of the services in question is based on the principle of subsidiarity. This principle plays a key role here. It is respected both at the stage of granting these benefits and their use by authorized persons. The case law used in this study confirms that the indicated services can only be awarded to persons who meet the requirements set out in the Law. The common element here is the inability to satisfy one's own efforts through the inability to use the help of people from the immediate environment, especially the family, which may result from various reasons. The indicated principle is also taken into account at the stage of using the services. It manifests itself, among others. in determining by the authority, the type, scope and form of assistance provided. In practice, this means that the subjective feelings of the person concerned, as well as their expectations do not affect the decision of the institution, which obviously is guided by the individual needs of the person, however determined objectively, while also taking into account the general principles and objectives of social assistance, such as also its ability to provide help. The subsidiarity principle is also reflected in the need to pay for services (as well as in the use of exemptions). Those using the services are primarily required to make this payment. The liability of other entities is exceptional, which also complies with the subsidiarity principle.
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