Court dismisses appeal confirming business income reduces pension without expert opinion if tax office data is unchallenged.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court decision that rejected a claim for pension suspension due to business income. The applicant argued for procedural violations and the necessity of an expert opinion to calculate actual income, but the court found the tax office's data sufficient and unchallenged. Consequently, the court ruled that business income is considered actual income after deducting standard costs, validating the suspension of the pension.
Legislator headnote
AI generated§ 5 ust. 3 rozporządzenia Ministra Pracy i Polityki Socjalnej z dnia 22 lipca 1992 r.; Income from non-agricultural business activity constitutes actual income for pension suspension purposes when determined by tax office data without expert opinion if not contested.