Social security court allows sick pay claim by reversing ZUS decision due to lack of fraud. The court found the applicant did not deceive the agency. The applicant acted without intent to defraud the social security system. The court ruled that the applicant's actions did not constitute fraud. The court reversed the ZUS decision to grant sick pay. The court held that the applicant was not liable for repayment. The court determined the applicant's conduct was lawful. The court found no evidence of intentional deception. The court concluded the applicant's actions were not fraudulent. The court granted the applicant's appeal successfully.
Poland (PL)
Legislator summary
AI generatedThe court reversed the Social Insurance Institution's decision denying sick pay and ordering repayment for the period of August to September 2017. The applicant argued they did not deceive the agency, noting they started work only after receiving a medical certificate and had already received pay up to mid-September. The court found the applicant did not introduce the agency into error and did not demand benefits for the disputed period. Consequently, the court ruled that the applicant was not liable for repayment and granted the sick pay claim.
Legislator headnote
AI generatedArt. 84 ust. 1, 2, 3, 4 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych; Art. 17 ust. 1 ustawy z dnia 25 czerwca 1999 r. o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa: The obligation to repay social benefits arises only from intentional deception or false declarations; mere employment during a sick leave period without prior knowledge of the right's termination does not constitute fraud.