Legislator Case Law & Legislation
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.

Case Number II UKN 69/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Dz.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 generated
Dz.U. Nr 28, poz. 149
art. 233 § 1 KPC
art. 328 § 2 KPC
art. 393 § 12 KPC

Cited Case Law

AI generated

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