Supreme Court reverses lower court, holding rent not overpaid due to lack of statutory grounds for suspension.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court reversed the appellate court's decision to order the applicant to repay overpaid disability benefits. The Social Insurance Institution had reduced the applicant's pension due to a perceived overlap with railway benefits, but the lower court found no obligation to return the funds. The Supreme Court ruled that the statutory criteria for declaring a benefit 'unjustified' were not met because the applicant was not informed of her right to receive only one benefit, and no circumstances existed to suspend or terminate the entitlement.
Legislator headnote
AI generatedArt. 138 ust. 2 pkt 1, 2 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: A benefit is unjustified only if paid by an authority, circumstances exist to terminate or suspend the right to receive it, and the recipient was informed of the lack of right to receive it; if these cumulative conditions are not met, the benefit cannot be considered unjustified.