Supreme Court allows family pension for child in foster care for over a year before foster parent's death.
Legislator summary
AI generatedThe Supreme Court of Poland allowed the applicant's cassation request, granting her son a family pension from his deceased foster grandfather. The lower courts had denied the claim because the child already received a pension from his natural father. The Court ruled that placing a child in foster care for at least one year before the foster parent's death creates a stable relationship sufficient to trigger social insurance benefits, provided the child lacks entitlement from natural parents.
Legislator headnote
AI generatedUstawa z dnia 14 grudnia 1982 r. o zaopatrzeniu emerytalnym pracowników i ich rodzin; Kodeks rodzinny i opiekuńczy: When a child placed in foster care by a court for at least one year before the foster parent's death acquires the right to a family pension from that parent if no right exists from natural parents.