Supreme Court remands family pension case for retrial due to missing evidence on child's farmer status and school equivalence.
Legislator summary
AI generatedThe Supreme Court of Poland remanded the case to the lower court for a retrial after finding the first-instance judgment procedurally flawed. The Social Security Agency denied a family pension because the applicant's daughter, who attended an Agricultural Vocational Group, was neither an invalid nor over 50 when her husband died, and the group attendance was deemed insufficiently equivalent to school education. The Supreme Court ruled that the lower court failed to ascertain whether the daughter was a farmer or insured under agricultural social security laws, which are crucial for determining eligibility under the relevant statutes.
Legislator headnote
AI generatedUstawa z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; ustawa z dnia 14 grudnia 1982 r. o ubezpieczeniu społecznym rolników; art. 477 § 2 k.p.c.: The court must ascertain all material facts regarding the applicant's status and the nature of the child's education before granting a family pension.