A large number of children are losing their 800+ benefits. Two bills complicate the payment rules.

• The presidential bill applies only to Ukrainian citizens and the 800+ program. The government's bill applies to all foreigners and defines the rules for the 800+ program and the Good Start program.
• According to the presidential project, a Ukrainian citizen who applies for the 800 plus benefit under the Act on Assistance to Ukrainian Citizens must meet three conditions.
• The government's bill tightens the system of benefits for families of foreigners. Eligibility for benefits will be linked to the parent's professional activity, children's education in a Polish school, and the minimum wage.

After President Karol Nawrocki vetoed the amendment to the law on assistance to Ukrainian citizens , both the president and the government presented their projects.

On Wednesday, October 17, the government bill on assistance to Ukrainian citizens in connection with the armed conflict in that country passed the Senate without amendments. It extends the legality of their stay and makes payment of the 800+ benefit contingent on professional activity, among other things. It now awaits the president's signature.

At the same time, the presidential bill, after being submitted to the Sejm, was submitted for public consultations, which are scheduled to last until September 25. The presidential bill contains proposals mentioned by Nawrocki when announcing the veto of the amendment.

The first concerns changes to the Penal Code, increasing the penalty for illegally crossing the Polish border to five years in prison and increasing the penalty range for organizing illegal border crossings – from two to 12 years in prison. The government bill does not include such a change.

Another change proposed by the president, which was not included in the government bill, is the introduction of punishment for propagating Banderism and the activities of the OUN-UPA on the same principles as for propagating Nazism, communism or fascism.

According to the presidential draft amendment , a person who publicly promotes Nazi, communist, or fascist ideology, the ideology of the Organization of Ukrainian Nationalists, the Bandera faction, and the Ukrainian Insurgent Army, or an ideology calling for the use of violence to influence political or social life, will be subject to imprisonment for up to three years.

Moreover, according to the project provisions , the Institute of National Remembrance will also be responsible for recording, collecting, storing, processing, securing, making available and publishing documents concerning crimes committed against persons of Polish nationality or Polish citizens of other nationalities in the period from November 8, 1917 to July 31, 1990 by members and collaborators of the Organization of Ukrainian Nationalists of the Bandera faction and the Ukrainian Insurgent Army, as well as other Ukrainian formations collaborating with the German Third Reich.

As explained, it is a crime of genocide committed on the territory of the Second Polish Republic in the years 1943-1945, as well as other acts involving the use of violence, terror or other forms of violation of human rights against individuals or groups of people of Polish nationality or Polish citizens of other nationalities.

The third change proposed by the president, which also did not make it into the government bill, is an amendment to the Polish Citizenship Act. This amendment would extend the minimum period of uninterrupted residence in Poland required for recognition of a foreigner as a Polish citizen from three to 10 years .

During the legislative process of the government's proposals—both in the Sejm and Senate—the Law and Justice party (PiS) tabled amendments that would have incorporated the presidential proposals into the bill. However, the amendments were rejected each time.

Both the presidential bill and the already passed government bill include provisions that condition the payment of some benefits to foreigners on their professional activity in Poland. However, they differ in terms of the groups of foreigners they apply to and the benefits they provide.

The presidential bill applies only to Ukrainian citizens and focuses on the child benefit (800 plus). The government bill applies to all foreigners from third countries and defines the principles of the 800 plus and the "Good Start" programs.

According to the presidential project, a citizen of Ukraine who applies for the 800 plus benefit under the Act on Assistance to Citizens of Ukraine must meet three conditions :

• live with the child in Poland,
• be professionally active (on principles similar to those for the "active parents at work" benefit in the Active Parent programme),
• his child must fulfill the obligation of one year of kindergarten preparation, the obligation of schooling or the obligation of studying in Poland.

The government's bill is broader. The regulation tightens the system for receiving family benefits by foreigners . Eligibility for these benefits will be linked to the parent's professional activity and children's education in a Polish school , with exceptions for individuals with disabilities, for example. Furthermore, eligibility for benefits will be linked to foreigners earning at least 50% of the minimum wage , which means that in 2025, this will be PLN 2,333 gross.

ZUS will verify monthly whether foreigners have been economically active . If this was not the case in a given month, the benefit will be withheld and the transfer will not be sent. ZUS will also verify in the register of the Chief Commander of the Border Guard whether the foreigner has left Poland.

To better identify foreigners applying for benefits and their children, a PESEL number will be required . When issuing a PESEL number, the children's residence in Poland will also be verified. The new regulations also provide for the integration of databases across various institutions, which will allow for more effective monitoring of foreigners' entitlements and eliminate attempts to fraudulently obtain benefits.

Both documents extend the period of temporary protection in Poland until 4 March 2026. They also provide for the phasing out of some assistance activities for Ukrainian citizens legally residing in the territory of Poland.

They assume the exclusion of the possibility of granting rights to Ukrainian citizens who cross the border for a short period of time on the basis of a permit to cross the border within the framework of local border traffic.

With regard to the register kept by the Commander-in-Chief of the Border Guard, changes are introduced, which involve the removal of handwritten signatures, clarification of the obligation to enter data from documents constituting the basis for crossing the border, and the addition of fingerprints for the purpose of unambiguous identification of persons.

They are making changes to collective accommodation facilities by increasing the minimum number of residents required to qualify as such a facility from 10 to 20.

The deadline for accepting war refugees from Ukraine into collective housing centers, with the exception of vulnerable groups, was also set at October 31, 2025. The circumstances in which a voivode may evict a Ukrainian citizen from a center were also clarified.

They also expand the list of grounds for revoking a temporary residence permit issued for a period of one year when a Ukrainian citizen: has submitted an application containing false personal data or false information, has testified untruthfully or concealed the truth, or has forged or modified a document in the event that the marriage was concluded in order to circumvent the regulations.

Both the government bill and the presidential bill impose restrictions on access to healthcare services for adult Ukrainian citizens. Nawrocki's bill proposes that access to healthcare services be limited to insured individuals who pay mandatory or voluntary health insurance contributions.

The government law restricts access to healthcare services by limiting the list of services available to uninsured adult citizens of Ukraine. This includes health programs, medical rehabilitation, dental treatment, and drug programs.

Both bills were prepared following President Karol Nawrocki's veto of the amendment to the law on assistance to Ukrainian citizens at the end of August. The president justified his decision, among other things, by arguing that the 800+ benefit should only be available to Ukrainians working in Poland.

The amendment to the act vetoed by Nawrocki assumed the extension of temporary protection granted to Ukrainian citizens fleeing the war until March 4, 2026. This brought Polish law into line with the EU Council's implementing decision of June 25, 2024. As the government emphasizes, it is necessary to adopt these provisions to avoid chaos and huge costs for the administration and offices after September 30.