Glosa do Wyroku Wojewódzkiego Sądu Administracyjnego w Białymstoku z dnia 23 listopada 2021 r., sygn. akt II SA/Bk 660/21

Abstract

The commented judgment is the voice of the jurisprudence in matters which are highly controversial and in which different lines of case law clash. This mainly concerns the issues of omission of the order in the scope of the maintenance obligation towards the person requiring care, which may be directly related to the questioning the nature of the decision granting the nursing benefit, as a bound, and not a discretionary decision, as well as allowing persons who provide care to apply for the benefit in situations where the person requiring care is married but the spouse for various reasons does not provide such care. It should be stated that the position of the Administrative Court in Białystok pointing to the possibility of granting a nursing benefit to the actual guardian, one of the family members (siblings of the person requiring care) in a situation where the disabled person is married, the spouse does not take care of him or her, and does not have a certified degree of disability, while at the same time there are other persons who do not exercise care over the disabled person, but are obliged to pay alimony, is incorrect.