Completely new applications for ZUS benefits. The cumbersome procedure is to disappear.
- The draft law envisages the electronic submission of applications for benefits, which is intended to simplify the procedures
- The changes also concern the method of submitting attachments to applications and verifying documents.
- The amendment provides for a differentiation of procedures depending on who is the payer of the benefit.
On Friday, August 29, the Government Legislation Centre published a draft act amending the act on cash benefits from social insurance in the event of sickness and maternity .
The bill proposes changes to Article 61b of the Benefits Act. The proposed solutions simplify the rules for submitting applications for sickness insurance benefits . The proposed solutions are beneficial for contribution payers, accounting offices submitting documents to the Social Insurance Institution (ZUS), and insured persons. It is necessary to implement digitalization in this area, as the current procedure is perceived as burdensome and out of step with the current reality.
The draft proposes to differentiate the method of submitting applications for the granting and payment of benefits depending on whether the payer of the benefits is the contribution payer or ZUS.
- If the benefit payer is a contribution payer, the benefit granting and payment process will be initiated upon an application submitted in paper or electronic form. This change will allow the insured person to submit a benefit application in paper form (as currently is the case), but also through the contribution payer's internal systems, such as email, the HR and payroll system, or as a scanned document.
- However, if the benefit payer is ZUS, the procedure for granting and paying the benefit will be initiated upon an application submitted in paper form or in the form of an electronic document signed with a qualified electronic signature, a trusted signature, a personal signature or using a method of confirming the origin and integrity of data available in the IT system provided free of charge by the Social Insurance Institution, to the electronic mailbox of the Social Insurance Institution or to the address for electronic delivery.
The change in this regard consists solely of updating the currently used nomenclature, i.e., replacing the term "written form" with "paper form." This means that in this case, the benefit application – as currently – can be submitted to ZUS on paper or in electronic form.
Further changes are related to the requirement to provide documents regarding sickness benefits . Additionally, this change is due to the fact that, as of January 1, 2023, pursuant to the Act of June 24, 2021, amending the Act on the Social Insurance System and certain other acts (Journal of Laws, item 1621), all contribution payers are required to set up a PUE ZUS information profile. Therefore, there is currently no justification for distinguishing in the benefits act between contribution payers with and without a contribution payer information profile. In other respects, the rules remain unchanged.
The documents on the basis of which the proceedings for the granting and payment of care allowance for the care of a sick family member are initiated were also indicated (Article 61b, paragraph 2a of the Benefits Act).
- According to the proposed change, if the benefit payer is a contribution payer, the procedure is initiated on the basis of an e-ZLA medical certificate or an e-ZLA printout or a medical certificate in an alternative procedure, and an application for the benefit submitted in paper or electronic form.
- However, if the benefit payer is ZUS, the procedure for granting and paying the care allowance is initiated on the basis of the e-ZLA printout or a medical certificate in the alternative procedure, submitted by the insured person or the payer of contributions authorized by the insured person, and the application for the allowance submitted in paper form or in the form of an electronic document indicated in paragraph 1 point 2.
The draft bill also clarifies the format for submitting application attachments by specifying that benefit applications must be accompanied by documents necessary for the granting and payment of benefits, or copies certified as true copies, including electronic copies. Currently, the Evidence Regulation specifies the format in which each document may be submitted, requiring verification of the acceptable format each time. This amendment will standardize the format for submitting application attachments.
The purpose of the added paragraph 5a to Article 61b of the Benefits Act is to indicate that:
Applications and documents necessary for the granting and payment of benefits – submitted by the contribution payer to ZUS in the form of an electronic document (e.g. via PUE ZUS) are considered to be as valid and legally effective as if they were submitted on paper and signed personally by the insured person.
This provision will apply to cases where an insured person submits a benefit application to a contribution payer who is not the benefit payer, and therefore submits it electronically to ZUS. The contribution payer will no longer be required to additionally submit a paper original with the insured person's handwritten signature to ZUS.
The draft bill also provides for the verification of copies of submitted documents to ensure the correct determination of eligibility for a given benefit. In the event of doubt as to the accuracy of a copy of the benefit application or documents required for the granting and payment of benefits, the benefit payer (i.e., the contribution payer or the Social Insurance Institution) will be entitled to request the submission of original copies of the submitted documents.
It is proposed that the Act enter into force 14 days after its announcement.
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