Obowiązek wyjaśnienia przeznaczenia środków uzyskanych ze świadczenia wychowawczego. Glosa krytyczna do Wyroku WSA w Gliwicach z 7 lipca 2021, II SA/Gl 47/21

Abstract

The child-raising benefit is intended to partially cover expenses related to the child's upbringing. Beneficiaries may include in particular the mother or the father of the child, provided that both parents live together with the child. If the parents are divorced and have alternating custody of the child, the benefit may be claimed and received by the one who actually exercises custody over the child. In the judgement under consideration, the custody of the child was actually exercised by the father. Nevertheless, the benefit was claimed by the mother who, on the basis of an unofficial agreement with the child's father, transferred to his bank account a relevant share of the benefit for the periods during which the child was in the care of the father. This solution is not consistent with a strict interpretation of the applicable provisions. The court accepted it, arguing that it would only be necessary to clarify whether the benefit received was used in accordance with its intended purpose.