<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The subject of the gloss is a resolution of the Supreme Administrative Court in which the Court examined the rules of determining income in social assistance proceedings. While recognising the possibility of reducing income solely by the amount of alimony provided to an entitled person under the provisions of the family and guardianship code, the Supreme Administrative Court stated unequivocally that the privileged method of determining income cannot be used by persons who do not pay alimony and are obliged to make payments to the alimony fund. This gloss presents arguments supporting the theses contained in the resolution and their axiological justification. Moreover, it elaborates on the issues indirectly raised by the adjudicating panel, such as overdue alimony and amounts that are actually paid as part of alimony. This subject is important for determining the income of persons applying for support under the social assistance system as well as paying for benefits.</p>
</abstract>

The subject of the gloss is a resolution of the Supreme Administrative Court in which the Court examined the rules of determining income in social assistance proceedings. While recognising the possibility of reducing income solely by the amount of alimony provided to an entitled person under the provisions of the family and guardianship code, the Supreme Administrative Court stated unequivocally that the privileged method of determining income cannot be used by persons who do not pay alimony and are obliged to make payments to the alimony fund. This gloss presents arguments supporting the theses contained in the resolution and their axiological justification. Moreover, it elaborates on the issues indirectly raised by the adjudicating panel, such as overdue alimony and amounts that are actually paid as part of alimony. This subject is important for determining the income of persons applying for support under the social assistance system as well as paying for benefits.

Gloss on the Resolution of a Panel of Seven Judges of the Supreme Administrative Court of 21 November 2021, I OPS 2/21

dr hab., prof. Uniwersytetu SWPS, Uniwersytet Humanistycznospołeczny SWPS, Wydział Prawa i Komunikacji Społecznej we Wrocławiu

Ius Novum

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

The subject of the gloss is a resolution of the Supreme Administrative Court in which the Court examined the rules of determining income in social assistance...

Gloss on the Resolution of a Panel of Seven Judges of the Supreme Administrative Court of 21 November 2021, I OPS 2/21

Data publikacji: 01 mar 2023

Zakres stron: 188 - 201

DOI: https://doi.org/10.26399/iusnovum.v16.3.2022.33-i.sierpowska

Słowa kluczowe
alimony, alimony fund, social assistance

© 2022 Lazarski University, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Gloss on the Resolution of a Panel of Seven Judges of the Supreme Administrative Court of 21 November 2021, I OPS 2/21

Data publikacji: 01 mar 2023

Zakres stron: 188 - 201

DOI: https://doi.org/10.26399/iusnovum.v16.3.2022.33-i.sierpowska

Słowa kluczowealimony, alimony fund, social assistance

© 2022 Lazarski University, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Słowa kluczowe
alimony, alimony fund, social assistance