II UKN 219/98 AI generated

Family pension denied to 17-year-old student who became disabled only at age 40, failing statutory disability timing requirements.

Case Number II UKN 219/98

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 1998-09-16

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the applicant's cassation appeal against the Social Insurance Institution's refusal of a family pension. The court found that the applicant, a 17-year-old student, did not meet the statutory requirement of being a second-group disabled person before completing school in 1970, as his disability was only confirmed in 1992. Consequently, the lower courts correctly applied the law, and the cassation was rejected for lack of procedural or substantive errors.

Legislator headnote

AI generated

Art. 39 of the Act on Old-Age Provision for Employees and Their Families; Art. 233 § 1 of the Code of Civil Procedure: A family pension is not granted if the applicant was not a second-group disabled person during the period of schooling, and the cassation court must uphold lower court findings on medical evidence without arbitrary re-evaluation.

Keywords

AI generated

family pension eligibility disability classification timing school completion requirement cassation review standards medical evidence assessment social insurance benefits second group disability

Cited Legislation

AI generated

Art. 39 of the Act on Old-Age Provision for Employees and Their Families

Art. 233 § 1 of the Code of Civil Procedure

Art. 393 § 12 of the Code of Civil Procedure

Family pension denied to 17-year-old student who became disabled only at age 40, failing statutory disability timing requirements.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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