Supreme Court rules income for child benefit calculated from marriage month to benefit start if full year hasn't passed.
Legislator summary
AI generatedThe Supreme Court dismissed the Social Insurance Office's appeal against a lower court ruling granting child benefits. The applicant argued her family income was calculated incorrectly using 1998 data, while the insurer insisted on 1997 figures. The court held that when a full calendar year does not elapse between marriage and benefit entitlement, income must be calculated from the marriage month to the benefit start month. Consequently, the case was remanded to the appellate court for recalculation based on this new rule.
Legislator headnote
AI generatedArt. 15b ust. 1 ustawy o zasiłkach rodzinnych; § 8 ust. 4 rozporządzenia w sprawie urlopów i zasiłków wychowawczych: When a full calendar year has not passed between marriage and benefit entitlement, family income is calculated from the marriage month to the benefit start month.