Supreme Court allows family pension claim by suspending rent payment due to non-military service disability status.
Legislator summary
AI generatedThe Supreme Court of Poland set aside lower court decisions denying a family pension to a widow whose husband was a non-military disabled veteran. The court found that the Social Security Office failed to verify the husband's disability status at the time of his death, despite evidence showing it existed. While the court upheld the constitutional violation and interest of the state, it rejected the request to remand the case to the administrative body, instead ordering the lower court to complete the medical investigation and issue a new judgment.
Legislator headnote
AI generatedUstawa z dnia 29 maja 1974 r. o zaopatrzeniu inwalidów wojennych i wojskowych i ich rodzin; art. 3 § 2 k.p.c.: The Supreme Court may set aside a final judgment for a serious violation of law and state interest, but must order the lower court to complete the factual investigation rather than remand the case to the administrative authority.