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Changes in the Rules for Payment of 800+ and 300+ Child Benefits for Foreigners in Poland: Everything You Need to Know
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Polish President Karol Nawrocki has signed a new law on assistance to Ukrainian citizens (Ustawa o zmianie niektórych ustaw w celu weryfikacji prawa do świadczeń na rzecz rodziny dla cudzoziemców oraz o warunkach pomocy obywatelom Ukrainy w związku z konfliktem zbrojnym na terytorium tego państwa). It provides for the extension of temporary protection for Ukrainians until March 4, 2026. At the same time, the law introduces significant changes to the rules for paying child benefits to all foreigners without exception.
According to Yavp.pl, the main change in social benefit payments is the linkage of the right to the monthly 800+ payment and the one-time 300+ payment (for preparing a child for school) for foreigners to their professional activity in Poland and the mandatory education of their children in the Polish education system.
Changes in the Rules for Payment of Child Benefits (800+ and 300+) to Foreigners
Condition of Professional Activity
The right to receive 800+ and 300+ payments for foreigners will be granted on the condition that they were actively employed in Poland in the month preceding the payment month.
Who is considered "professionally active"?
The new law sets a broad definition of professional activity. A person is considered active if they:
1) Work and pay contributions to ZUS: Are subject to mandatory pension and disability insurance (ubezpieczenia emerytalne i rentowe) from income of at least 50% of the minimum wage (i.e., you need to work at least half-time at minimum wage). This applies, in particular, to employees under an employment contract (umowa o pracę) and a contract of mandate (umowa zlecenia), as well as those who have a contract for childcare for children under 3 years old (the so-called “umowa uaktywniająca”).
The right to receive 800+ and 300+ payments for foreigners will be granted on the condition that they were actively employed in Poland in the month preceding the payment month.
Who is considered "professionally active"?
The new law sets a broad definition of professional activity. A person is considered active if they:
1) Work and pay contributions to ZUS: Are subject to mandatory pension and disability insurance (ubezpieczenia emerytalne i rentowe) from income of at least 50% of the minimum wage (i.e., you need to work at least half-time at minimum wage). This applies, in particular, to employees under an employment contract (umowa o pracę) and a contract of mandate (umowa zlecenia), as well as those who have a contract for childcare for children under 3 years old (the so-called “umowa uaktywniająca”).
Attention! A contract for a specific task (umowa o dzieło) will not entitle you to receive the 800+ child benefit.
2) Conduct business activity in Poland.
3) Are registered at the labor office as unemployed and receive unemployment benefits, a stipend during internship or training.
4) Are on parental leave (urlop wychowawczy).
5) Receive certain types of benefits from ZUS: maternity benefit (zasiłek macierzyński), sick leave (zasiłek chorobowy), rehabilitation benefit (świadczenie rehabilitacyjne), wage equalization benefit (zasiłek wyrównawczy), care allowance (zasiłek opiekuńczy), provided that the contribution base or benefit amount meets certain minimum thresholds (50% of the minimum wage for employees or 30% for entrepreneurs).
6) Are a pensioner or receive a disability pension.
7) Are subject to pension and disability insurance as farmers (KRUS), or have been insured continuously for at least 12 months.
8) Persons who voluntarily pay ZUS contributions for pension and disability insurance.
"Adaptation Period" for Inactive but Insured Persons
If a foreigner was not professionally active in the previous month but had health insurance, they may be entitled to 800+ for a limited period:
- for 3 months
- for 6 months if raising three or more children.
3) Are registered at the labor office as unemployed and receive unemployment benefits, a stipend during internship or training.
4) Are on parental leave (urlop wychowawczy).
5) Receive certain types of benefits from ZUS: maternity benefit (zasiłek macierzyński), sick leave (zasiłek chorobowy), rehabilitation benefit (świadczenie rehabilitacyjne), wage equalization benefit (zasiłek wyrównawczy), care allowance (zasiłek opiekuńczy), provided that the contribution base or benefit amount meets certain minimum thresholds (50% of the minimum wage for employees or 30% for entrepreneurs).
6) Are a pensioner or receive a disability pension.
7) Are subject to pension and disability insurance as farmers (KRUS), or have been insured continuously for at least 12 months.
8) Persons who voluntarily pay ZUS contributions for pension and disability insurance.
"Adaptation Period" for Inactive but Insured Persons
If a foreigner was not professionally active in the previous month but had health insurance, they may be entitled to 800+ for a limited period:
- for 3 months
- for 6 months if raising three or more children.
Important: This option can be used only once during a single benefit period (which lasts from June 1 to May 31).
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Exceptions to the Professional Activity Requirement
The requirement to be professionally active will not apply to foreign parents applying for:
- A child who is a Polish citizen.
- A child who has a disability certificate (orzeczenie o niepełnosprawności). The right to receive benefits will apply not only to parents/guardians already receiving care allowance (świadczenie pielęgnacyjne), but also to other parents of children with disabilities, even if they do not receive any other assistance. ZUS has the right to verify this information through the EKSMOoN system (an electronic system containing data on persons with disabilities. ZUS uses it to confirm whether a child has a recognized disability and whether their parents can claim child benefits).
Requirement for Mandatory Education of the Child
The 800+ benefit will be granted only if the foreigner's child fulfills the obligation of annual preschool preparation (attends “zerówka”), school obligation (primary school), or education obligation (secondary school) in accordance with Polish law (except for children not subject to this due to age). ZUS will automatically verify this information in educational registers.
When will these changes to 800+ and 300+ benefits take effect?
The new rules for receiving the monthly 800+ child benefit will apply from June 1, 2026. Until then, the old rules will remain in force! That is, foreign parents will already have to meet the new requirements when applying for 800+ for the new benefit period from June 1, 2026, to May 31, 2027. Applications for this period can be submitted starting February 1, 2026.
The new requirements for receiving the 300+ benefit will apply for the first time when establishing the right to this benefit, starting from the 2026/2027 school year.
The requirement to be professionally active will not apply to foreign parents applying for:
- A child who is a Polish citizen.
- A child who has a disability certificate (orzeczenie o niepełnosprawności). The right to receive benefits will apply not only to parents/guardians already receiving care allowance (świadczenie pielęgnacyjne), but also to other parents of children with disabilities, even if they do not receive any other assistance. ZUS has the right to verify this information through the EKSMOoN system (an electronic system containing data on persons with disabilities. ZUS uses it to confirm whether a child has a recognized disability and whether their parents can claim child benefits).
Requirement for Mandatory Education of the Child
The 800+ benefit will be granted only if the foreigner's child fulfills the obligation of annual preschool preparation (attends “zerówka”), school obligation (primary school), or education obligation (secondary school) in accordance with Polish law (except for children not subject to this due to age). ZUS will automatically verify this information in educational registers.
When will these changes to 800+ and 300+ benefits take effect?
The new rules for receiving the monthly 800+ child benefit will apply from June 1, 2026. Until then, the old rules will remain in force! That is, foreign parents will already have to meet the new requirements when applying for 800+ for the new benefit period from June 1, 2026, to May 31, 2027. Applications for this period can be submitted starting February 1, 2026.
The new requirements for receiving the 300+ benefit will apply for the first time when establishing the right to this benefit, starting from the 2026/2027 school year.
At the time of writing this article, the law signed by the president had not yet been published in the Journal of Laws (Dziennik Ustaw). However, a link to the full text of the law adopted by the Senate is available on the Senate's website. See above in our Telegram.
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