Możliwości zmiany ostatecznej decyzji przyznającej świadczenia rodzinne na podstawie art. 155 k.p.a. Glosa aprobująca do wyroku Wojewódzkiego Sądu Administracyjnego w Rzeszowie z 12 marca 2019 r. (II SA/Rz 15/19)

Paweł Daniel

Abstract

The judgment under review applies to an important – even from the practical point of view – issue regarding the ability to change a final decision granting one of the benefits specified in the Act on Family Benefits when this benefit is less favourable to the party than the benefit which it could actually use. The analysis conducted suggests that, if the applicable provisions of the Act on Family Benefits enable a party to choose a benefit that would be more favourable to it, the authorities are obliged to refrain from obstructing the party in any way from obtaining such benefits and to take such measures that the party is able to take advantage of this right of choice. Changes can also be made in the final decision awarding certain benefits and awarding a more favourable benefit in accordance with Article 155 of the Administrative Procedures Code, on condition that the party waives the previously granted benefit.