II UKN 69/99
AI generated
Supreme Court dismissed cassation; child's care allowance does not automatically prove mother's inability to work for early retirement.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a mother against the Social Insurance Office's refusal of early retirement benefits. The court found that while the child received a care allowance, this did not prove the child's condition required constant maternal care preventing her from working. The court distinguished between the lower threshold for care allowances and the higher medical standard required for early retirement based on severe health impairment.
Legislator headnote
AI generatedDz.U. Nr 28, poz. 149; Art. 393 § 12 KPC: Receiving a care allowance for a child does not automatically establish the severe health impairment required to justify a mother's inability to work and thus her right to early retirement.
Keywords
AI generated
early retirement benefits
care allowance distinction
maternal employment rights
severe health impairment
social insurance office
cassation appeal dismissal
constant care requirement
Cited Legislation
AI generatedDz.U. Nr 28, poz. 149
art. 233 § 1 KPC
art. 328 § 2 KPC
art. 393 § 12 KPC