SUSPENSION OF AN ECONOMIC ACTIVITY. CHILDCARE

If you suspend economic activity due to the child care, you obtain the right to old-age and disability insurance paid entirely from the state budget via ZUS.  The condition is to conduct an economic activity for at least 6 months in the period directly preceding the suspension (obligation does not cover insured in the KRUS).

The right to suspend the activity due to the above-mentioned title can be used  in whole or in no more than 4 parts and shall be granted for a period of:

  • up to 3 years, but not longer than until the child has reached the age of 5,
  • up to the age of 6 in case of a child who due to health condition as confirmed by  the disability certificate or the degree of such disability requires the personal care, no longer, however, than until the child has reached the age of 18.

Note!  This condition is unlikely to be met in cases where the entrepreneur immediately prior to the date indicated in the application for suspension due to child-care, benefited from a suspension under Article 14a(1) of the Act on Freedom of Economic Activity.  If you suspended activity in the normal mode (according to Article 14a(1) of the Act on Freedom of Economic Activity) you may not change "overnight" to suspension due to  childcare and benefit from additional preferences.  You can do so only if you suspend activity and conduct it for at least 6 months.  
 
It is not be possible to count the required period of 6 months of insurance, if the person conducting economic activity during the maternity leave notified suspension of activity pursuant to Article 14a(1) of the Act on Freedom of Economic Activity.

When suspending activity a statement  should be selected (box 14.3 of applications CEIDG-1) that activity shall be suspended in order to exercise personal child care.  In case of notification of such a suspension one should also indicate the date by when the activity will be suspended.

If you do not resume activity from that date, you will be subject to removal from the register of entrepreneurs ex officio (even if the suspension period is shorter than 24 months!). Therefore, following the suspension of activity it is worth submitting an application for its resumption (rules allow to indicate the future date of resumption).

Note!  The right to mandatory old-age and disability insurance is granted to one of the parents, provided that the other parent is not covered by old-age and disability insurance under this title (or insurance set out in Article 6(1) point 19 or Article 6b of the Social Insurance System Act).

ZUS

The additional obligation is to submit a declaration to the Social Security Institution of the intention to be covered by old-age and disability insurance, which shall include, inter alia:

  • first name and surname of the person having the personal care of the child and PESEL number and place of residence,
  • the day when the personal care of the child begins (it may not be earlier than the day when the declaration was submitted),
  • completion date of personal care of the child,
  • the child data + a short copy of the child's birth certificate +  child's disability certificate (if any).

Person who takes care of a child personally (entrepreneur) is required to notify the Social Insurance Institution (ZUS) of any changes to the data declared within 7 days of the occurrence of such changes - it is necessary to update the data contained in the declaration in the event of a change of the suspension period (e.g. extension of the suspension period in order to take care of a child in person).

You want to make a declaration to the Social Security Institution.  We can help you, read the additional information at the ZUS website.

KRUS

If you are an entrepreneur insured with the KRUS, you must submit a separate application for financing old-age and disability contributions during personal care of the child.

In the case of the insured by the KRUS lack of requirement of conducting non-agricultural economic activity for at least 6 months prior to the date of submission of the application for financing insurance contributions.

If you want to submit an application to KRUS, we can help you, read the additional information.

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