Acta Iuris Stetinensis (Jan 2023)
Z problematyki prawnej postępowania w sprawie udzielania świadczeń pieniężnych z pomocy społecznej. Część 1.
Abstract
The aim of this study was an attempt to present the legal issues of proceedings on the granting of cash benefits from social assistance. The complex and multi-dimensional nature of these proceedings has made it possible to distinguish several key issues within them. Among these issues, a particular importance should be attributed to negative premises. The analysis of the provisions of the Act of 12 March 2004 on Social Assistance58 has made it possible to distinguish two categories of premises in question; negative premises of optional nature and negative premises of obligatory nature. The first part of the article was devoted to negative optional premises, in particular the two of them under Article 11 Section 2 and Article 12 of the Social Assistance Act. Their occurrence may lead to a refusal to grant a particular cash benefit, including – which is worth emphasising – a benefit of an obligatory nature. The above premises have a certain thing in common. When formulating them, the legislator used undefined concepts. The author’s intention was, in particular, to approximate the understanding of the meaning of these concepts. The article attempts to answer the question whether the legal solutions adopted in the Social Assistance Act, in the indicated scope, are sufficiently precise and clearly formulated to facilitate and, as a result, enable social assistance authorities to make decisions on the granting of cash benefits from social assistance, and if not, whether the judicial decisions of administrative courts may be helpful here. This study is based on the analysis of the provisions of the Social Assistance Act, statements of doctrine and judicial decisions of administrative courts. The provisions of the aforementioned legal act, as regards the indicated issue, did not seem to be formulated in a sufficiently clear and precise manner so as to facilitate and, in effect, enable the social assistance bodies to issue decisions on granting cash benefits without major difficulties. The judicial decisions of administrative courts may be of some use in this respect.
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