The aim of the article is to analyze subjective criteria determining the right to family benefits. The problem of beneficiaries who are persons with disabilities was taken into consideration, as well as how the legal definition of the family included in the art. 3 para. 16 of the Act of 28 November 2003 on family benefits influences the right to family benefits. Conclusions and recommendations were also formulated regarding the subjective criteria which, according to the Act on family benefits, determine the possibility of applying for family benefits.