Cash benefits from social assistance in the light of the jurisprudence of administrative courts – selected problems. Part 2

Abstract

The aim of this study is to present social assistance benefits in cash in terms of the jurisprudence of administrative courts. The analysis of the provisions of the Act on Social Assistance and the case law related to the indicated subject matter confirms that the granting of optional benefits in cash – which are the subject of this part of the article – takes place under administrative approval. As a result, meeting the positive prerequisites for a given benefit, with the simultaneous lack of negative prerequisites, does not have to mean that the expected aid is to be obtained. In this case, the principles and objectives of social assistance, including the principle of subsidiarity, are of a great importance. This principle results, first of all, in the obligation to independently undertake actions – by persons or families interested in receiving assistance – in order to overcome a difficult life situation. Only when this is not possible, support is provided by social assistance bodies. Then, however, great importance – which is emphasized in the judicature – is attached to the cooperation of individuals or families with social assistance bodies. The jurisprudence presented in the study also confirms that the significance for granting optional benefits is the use by an individual in the past or at the time of applying for of other social assistance specific benefits. These circumstances, in the best case, may affect the amount of the benefit granted, but may also result in refusal of performing its payment, among others, due to the justified needs of other people. Additionally, the judicature points out that the refusal to grant optional cash benefits may also be affected by the limited financial capacity of the social assistance body (Article 3 (4) of the Act on Social Assistance). This is one of the elements that distinguish these benefits from obligatory benefits in cash, including, in particular, the periodic allowance, where the limited financial capacity of the social assistance body may only affect the amount of the benefit, but may not be the basis for refusal to grant it.