Social Security Court allows non-contributory periods for family care of I-group invalids in pension calculations.
Poland (PL)
Legislator summary
AI generatedThe Supreme Social Security Court resolved a legal question regarding the calculation of pension periods. The applicant, Zofia W., sought to include a non-contributory period spent caring for her disabled sister, who was classified as an invalid of the first group, despite not being a child. The court ruled that such periods must be considered if they fall within the six-year limit and involve genuine care for a family member invalid of the first group, even if they do not live together. This decision clarifies that the definition of family members in social security law includes those entitled to family benefits or care allowances who maintain a de facto household relationship with the caregiver.
Legislator headnote
AI generatedArt. 4 ust. 1 pkt 8 ustawy z dnia 17 października 1991 r. o rewaloryzacji emerytur i rent; Art. 38 ustawy o z.e.p.; Art. 35 ustawy z dnia 17 grudnia 1974 r. o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa: Non-contributory periods for caring for a family member invalid of the first group are recognized in pension calculations if a de facto household relationship exists and no other family members are capable of providing care.