Możliwość wyboru między świadczeniem pielęgnacyjnym a specjalnym zasiłkiem opiekuńczym – problemy praktyczne

The article analyzes the provisions of law and jurisprudence in the aspect of the possibility for the beneficiary to choose a nursing benefit when a special care allowance has already been granted by an earlier decision. The main objective of the article is to indicate the interpretation of the provision used in the previous practice by the authorities and the current problems presented in the jurisprudence of administrative courts that affect the statutory right of a party to choose a benefit. In the author’s opinion, the legislator does not take into account the changing economic and social situation in the adopted legal solutions, which is controversial in practice. The lack of legislative initiative in this regard leaves the judicature with the problem of non-compliance with the provisions. Administrative courts are forced to correct structural imperfections of the social security system in terms of support for carers of people with disabilities, which should not take place in a democratic state, as it is the sole role of the legislator.