The right of clergymen to receive a care benefit as a result of resignation from gainful employment (pastoral duties). Approving gloss to the judgement of WSA in Bydgoszcz of 14 December 2021, II SA/Bd 1043/21

Abstract

A person who resigns from a job or does not take up new gainful employment in order to take care of a person who is obligated to pay maintenance may apply for a care benefit. The relevant court judgement indicates that the benefit in question may also be obtained by a clergyman. The Polish state, recognising the autonomy of the Church, also recognised the “ecclesiastical form of employing priests”. A clergyman can actually resign from undertaking pastoral activities. Otherwise, preventing the clergy from getting the care benefit would be contrary to the principle of equality, expressed in article 32 of the Constitution of the Republic of Poland.