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The right to a social pension is entitled to adults – not only those who are at least 18 years old, but also to women who got married after the age of 16. A prerequisite is a decision by a certifying physician or ZUS medical committee of total incapacity for work caused by violation of the body’s fitness that arose:
- before the age of 18,
- During school or university – before the age of 25,
- During education at doctoral school, doctoral studies or scientific aspirant.
which granting does not depend on the seniority or staying on Poland. Among other things, people with Polish citizenship temporarily staying abroad, for example for educational purposes or as part of family visits.
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Can a bailiff take a social pension?
Although the social pension is a benefit paid to provide people who are unable to work, especially because of permanent disability, minimal lives in the case of debt of such people.
The bailiff, however, may not occupy a whole social pension. He must observe certain limits and rules regarding amounts free of attachment. Legal provisions protect debtors, establishing maximum deduction limits and amounts free of attachment.
From March 1, 2025, a social pension is PLN 1878.91 gross. Its amount is subject to annual valorisation and is adapted to the current inflation indicator.
The legal basis for granting and valorisation of a social pension is the Act on a social pension, which provides that a social pension is entitled to persons who meet specific conditions and are subject to the valorisation mechanism provided for in the provisions on pensions and disability pensions from the Social Insurance Fund.
The procedure for seizing a social pension by the bailiff
The procedure for seizing a social pension by the bailiff takes place in four stages:
- Stage 1: The creditor obtains an enforceable title (for example, a court judgment with an enforcement clause).
- Stage 2: The creditor submits an application for enforcement to the bailiff.
- Stage 3: The bailiff issues a notification of the initiation of enforcement and sends it to ZUS or other body paying a social pension.
- Stage 4: ZUS or other body paying the benefit makes deductions in accordance with applicable regulations and transfers the amount taken to the bailiff.
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Rules for taking a social pension by the bailiff
The bailiff may take over:
- up to 60 percent of the benefit – in the case of enforcement of maintenance,
- up to 25 percent of the benefit – In the case of enforcement of other receivables, such as unpaid loans or bills.
After the calculations, it should be stated that in the case of non -salimal debts from a social pension of PLN 1,878.91 gross, the bailiff may occupy a maximum of PLN 469.73 gross, while in the case of enforcement of maintenance benefits, it can deduct up to PLN 1127.34 gross.
Amounts free of attachment in 2025
The amounts free from the attachment applicable from March 1, 2025 to February 28, 2026 are:
- PLN 806.67 – in the case of deductions for maintenance receivables enforced under enforcement titles,
- PLN 1331.03 – in the case of deductions to cover non -maintenance claims (for example, unpaid loans, bills) enforced under enforcement titles.
These amounts result from the announcement of the President of the Social Insurance Institution of February 18, 2025 regarding the amount of the lowest pension and disability pensions, care supplement and supplement for complete orphans, amounts of maximum reduction of pensions and pensions as well as pensions and pensions free from enforcement and deductions.
Practical examples of deductions
In the case of a social pension of PLN 1,878.91 gross, the deduction of a 25 percent pension (PLN 469.73 gross) means that the debtor remains from a social pension PLN 1409.18 gross, i.e. the amount higher than the minimum. However, the deduction of a 60 percent pension (PLN 1127.35 gross) means that only PLN 751.56 gross remains from the social pension to the debtor, it is less than the amount free from the occupation. Therefore, the bailiff can only deduct from a social pension so that the amount free from the occupation, i.e. PLN 806.67, remain from it.
Legal grounds for a bailiff enforcement of a social pension
The principles of bailiff enforcement of a social pension are regulated by the following provisions:
- The Act of 17 December 1998 on pensions from the Social Insurance Fund – specifies, among others, the rules of deductions from pensions, including classes and amounts free of enforcement. Its provisions provide for the so -called free amount, i.e. the minimum amount that the debtor must receive after deduction. After the deductions, the debtor must receive at least an amount free from occupation.
- The Code of Civil Procedure – provides a legal basis for the possibility of enforcement from a social pension, according to which “social insurance benefits may be enforced on the principles set out in separate regulations”.
- A message of the President of the Social Insurance Institution of February 18, 2025 regarding the amount of the lowest pension and disability pension, care and supplement for complete orphans, the amount of maximum reductions of pensions and the amounts of pensions and pensions free from enforcement and deductions (MP of 2025, item 152).
