WSA: TV Licence Fee and Overseas. You pay even if the TV also migrates.

More precisely, the woman’s “crime” was that she had not deregistered her TV set (from the Polish RTV licensing system).

As a side note to the description of this case, I would like to remind you of the Supreme Administrative Court ruling of 7 March 2023 (Ref. II GSK 94/20) connection), which makes it clear that an RTV subscription covers not only a radio receiver and a TV, but also, for example, a computer, laptop, smartphone or tablet – any device on which you can listen to the radio or watch TV.

Court (WSA) on RTV subscription – Traveling abroad, no cancellation of registration

The Polish woman had been living in Belgium for three years, but had not deregistered the TV set, which she had taken with her, she said. She said she had asked her son to do the above formality, but as time passed, she had no document confirming the official deregistration of the TV set.

She (wrongly) thought that the actual ability to watch TV in Poland was what mattered, but she did not have that in Belgium. If she reported this in Poland – if there were problems like the one with the bailiff – she would describe her situation and be exempted from paying the overdue TV license fee (and the fine). She described her stay in Belgium to the court. She was not deported. Polish law is very formalistic and the only basis for exemption from the subscription fee is deregistration and not proof that I have, for example, resided in Ireland for 10 years.

Two conclusions can be drawn from its history:

Conclusion 1.A person who does not use television pays the RTV license fee even if he cannot watch television for obvious reasons. Also in case of absence from Poland for 3 years. Only deregistration frees you from the TV license fee. You cannot get exemption from subscription fees and fines “after a while” by proving that you have left Poland.

Therefore, the Regional Administrative Court in Gliwice of 27 February 2024 (reference no. I SA/Gl 1153/23) (connection) male:

The above position does not change with the issue of the complainant’s “move” to Belgium for the period from July 2007 to June 2010, or the subsequent residence in P. The subscription fees are for the subscriber, but do not relate to the right of ownership of the property. If the complainant stops using the television or radio receivers, he must complete the procedures for deregistering the receivers at the post office.

Conclusion 2. You may be entitled to an exemption from the TV licence fee, but without notifying this in a formal letter, the licence fee must be paid. In the case described, the woman was over 60 years of age and had low pre-retirement benefits (which gave her an exemption from the RTV licence fee).

In relation to Application No. 2 of the Gliwice Regional Administrative Court of 27 February 2024, it ruled as follows:

“(…) By the will of the legislator, the subscriber is obliged to report the circumstances that entitle him to be granted the exemption, and it is granted as of the first day of the month following the month in which the declaration that the conditions for using these exemptions are met has been submitted to the post office of the operator and the documents confirming the right to these exemptions have been submitted and the complainant has not provided such notification.

According to the following exemption table (PDF file), she was exempted from subscription:

However, only persons aged 75 (and above) are automatically exempted from the RTV licence fee. Any other eligible person must submit an application/notification.

Important! The obligation to pay the license fee begins from the month following the registration of used receivers and continues until the day before the day before their deregistration or until the month in which the designated operator’s office or one of the designated operating offices was notified of the eligibility for the license fee exemption. The exemption was obtained by law due to the age of 75 years by the Law of July 23, 2015 amending the License Fee Law (Journal of Laws of 2015, item 1324).

Exemption from RTV licence fee in 2024 for persons aged 60 and over – Poczta Polska

Persons over the age of 60 who are entitled to a retirement pension whose monthly amount does not exceed 50% of the average salary in the national economy in the previous year, as announced by the head of the Central Agency for Statistics, are exempt.

Base? Identity card and decision of the organizational unit of ZUS or other pension authority on the amount of pension in a given year.

The retirement and disability pension authorities, with the exception of ZUS, are:

  • Agricultural Social Insurance Fund,
  • Retirement and Disability Insurance Institution of the Ministry of Interior and Administration,
  • Military retirement offices,
  • Retirement office of the prison service.

TV licence fee waiver in 2024 for people receiving benefits – Poczta Polska

Exemption for persons entitled to cash benefits under the Law of 12 March 2004 on Social Assistance (Journal of Laws 2023.185, i.e.).

The cash benefits are:
– permanent benefit,
– Periodic allowance,
– Target allowance or special target allowance,
– Benefit or loan for economic independence,
– Helping foster families,
– Assistance in obtaining independent and continuous education,
– Cash allowance for maintenance and covering expenses related to learning the Polish language for foreigners who have been granted refugee status or subsidiary protection in the Republic of Poland,
– The reward due to the guardian for care by the court.

The organizational units of social assistance are:
– Regional Social Policy Centres,
– Family support centers in the region,
– Social care centers,
– Social care homes,
– Specialized counseling facilities,
– Care and education facilities,
– Support centers
– Crisis Intervention Centers

Base? A decision by a social welfare organisation to grant a cash benefit.

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