The Maintenance Fund is a separate mass of funds intended for a specific purpose, which in this case refers to securing the payment of maintenance whose payers turned out to be insolvent or evaded payment.
The history of the Fund dates back to the 1970s, when in 1974 the Alimony Fund Act was passed. The funds were to be administered by the Social Insurance Institution. In 2003, the institution of the so-called maintenance advance, which was intended to replace the Fund. However, the idea turned out to be so ineffective that in 2008 the Alimony Fund was reactivated following the adoption of the Act on assistance to persons entitled to maintenance.
Going to the land of legal act, it should be noted that in art. 1 sec. 2 there is a legal definition of the Fund in the following wording: „The maintenance fund is a system of supporting persons entitled to maintenance with funds from the state budget.” Importantly, the legislator makes a reservation that the alimony fund is not a fund within the meaning of the provisions on public finance. Thus, the indicated institution acquires an independent character, slightly detached from the usual associations with financial law regulations.
Benefits from the Maintenance Fund are available primarily to Polish citizens, but also to certain groups of foreigners, i.e. those for whom it results from bilateral agreements on social security binding the Republic of Poland, residing in the territory of the Republic of Poland on the basis of a permanent residence permit, a resident’s residence permit a long-term European Union permit and a temporary residence permit, as well as those residing on the territory of the Republic of Poland in connection with obtaining refugee status or subsidiary protection.
Further on in the Act, i.e. in Chapter 4, the legislator indicates the procedure in which benefits from the Fund are granted. The provisions stipulate that the determination of the right to benefits from the Maintenance Fund and their payment are made at the request of the entitled person or their statutory representative, respectively. Such an application is submitted to the commune or city office competent for the place of residence of the entitled person. The application should be accompanied by documents listed in the following provisions of the above-mentioned regulations. of the act. At the same time, the authority conducting enforcement proceedings against the person liable for maintenance is obliged to send a certificate of ineffective enforcement within 14 days from the date of receipt of the summons.
Finally, the legislator decides that decisions issued in cases related to granting benefits from the Maintenance Fund are immediately enforceable, with the exception of decisions in cases concerning benefits received unduly. These benefits are paid to the entitled person on a monthly basis.