Living with working adult children and spouses is not automatically cohabitation for social insurance purposes.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review against a lower court's decision to deny social insurance benefits to a business owner's adult children and their spouses. The Social Security Office had classified them as family members based on kinship, but the applicant argued they were employees under separate labor contracts. The court ruled that mere cohabitation does not define a shared household, requiring a factual assessment of mutual dependency and lack of independent income rather than automatic exclusion.
Legislator headnote
AI generatedArt. 4 ust. 2 pkt 4 ustawy o organizacji i finansowaniu ubezpieczeń społecznych; Art. 26 ust. 1 i 2 ustawy o ubezpieczeniu społecznym osób prowadzących działalność gospodarczą: Living with adult children and their spouses does not automatically constitute a shared household for social insurance purposes; the determination depends on specific circumstances of mutual dependency and lack of independent income.