Social security benefits case dismissed; administrative code inapplicable to pension proceedings governed by specific regulation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Anna P. against a decision to recalculate her family pension based on her deceased husband's earnings. The applicant argued that the Social Security Office failed to inform her of required conditions under a specific regulation, while the state contended that the Administrative Code of Procedure does not apply to these pension matters. The court ruled that the specific regulation governing pension proceedings excludes the general administrative code, and since no formal proceedings had been initiated, the office was not obligated to proactively inform the applicant of new calculation rules.
Legislator headnote
AI generated§ 3 rozporządzenia Rady Ministrów z dnia 7 lutego 1983 r.; art. 95 ustawy o zaopatrzeniu emerytalnym pracowników i ich rodzin: The obligation to inform applicants and assist in obtaining pension benefits under the specific regulation applies only to ongoing proceedings; it does not extend to situations where no proceedings have been initiated, and the Administrative Code of Procedure is excluded from such matters.