Legislator Case Law & Legislation
II UKN 241/97 AI generated

Supreme Court allows early retirement for legal guardian of adult child with permanent care needs.

Case Number II UKN 241/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland granted the plaintiff's request for early retirement, overturning lower court decisions that denied the benefit. The Social Insurance Institution refused the claim because the legal guardian was appointed only after the ward, a child with severe mental disabilities, reached adulthood. The court ruled that the term 'child' in the relevant regulation applies to persons of any age requiring constant care, thereby validating the guardian's right to early retirement.

Legislator headnote

AI generated

Dz.U. Nr 28, poz. 149; The term 'child' in the regulation on early retirement for guardians of persons requiring constant care applies to adults, not just minors, provided the care is continuous and necessary due to health conditions.

Keywords

AI generated
early retirement rights legal guardian status adult child care social insurance benefits permanent disability status regulation interpretation constant care requirement

Cited Legislation

AI generated
Dz. U. Nr 28, poz. 149
Dz. U. Nr 103, poz. 470 ze zm.

Cited Case Law

AI generated

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