Supreme Court dismisses appeal; war invalidity pension continues abroad absent specific termination conditions.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a war invalid against the Social Insurance Institution. The lower courts had suspended the pension payment because the claimant resided permanently in Germany, citing Article 5 of the War Invalids Act. The Supreme Court ruled that Article 51(2) of the Act only lists specific conditions for terminating the right to benefits, not suspending payments abroad, and since the claimant did not meet those termination criteria, the pension must continue.
Legislator headnote
AI generatedArt. 5 ust. 1; Art. 51 ust. 2 ustawy z dnia 29 maja 1974 r. o zaopatrzeniu inwalidów wojennych i wojskowych oraz ich rodzin: The right to war invalidity benefits continues during residence abroad unless specific statutory termination conditions are met, and Article 51(2) does not list emigration as a ground for suspension.