Legislator Case Law & Legislation
II UKN 245/00 AI generated

Social security benefits in arrears retain independent character despite single payment under specific social insurance law.

Case Number II UKN 245/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a claimant against a social insurance fund regarding her disability pension. The claimant argued that her pension had a permanent character and that the court should apply general pension laws instead of the specific work injury statute, while also contesting the suspension of payments due to her failure to attend medical examinations. The court ruled that the specific provisions of the work injury insurance law prevail over general pension laws and that the claimant's subjective belief regarding the pension's permanence did not constitute a valid excuse for missing the mandatory medical assessments.

Legislator headnote

AI generated

Art. 24 of the Work Injury Insurance Act; Art. 11 of the Act of 28 June 1996 on Social Security; Art. 102 of the Social Security Act: Benefits payable in arrears retain their independent character even when paid in a single sum, and failure to attend medical examinations without justified reasons warrants suspension of payments.

Keywords

AI generated
social security benefits work injury insurance disability pension medical examination obligation suspension of payments statutory interpretation single sum payment

Cited Legislation

AI generated
Art. 24 of the Work Injury Insurance Act
Art. 11 ust. 1 of the Act of 28 June 1996 on Social Security
Art. 102 of the Social Security Act
Art. 393 § 12 of the Code of Civil Procedure

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