Social security agency liable for interest only after final court ruling establishes disability rights.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Henryk K. against the Social Insurance Institution regarding overdue disability pension and care allowance. The applicant argued for interest from the date his disability rights legally existed, while the institution contended interest should only accrue from the date the court finally established those rights. The court ruled that since the right to the higher pension arose only upon the final court judgment, the agency was not in default for the intervening period and thus owed no interest.
Legislator headnote
AI generatedArt. 85 ust. 1 ustawy o systemie ubezpieczeń społecznych; Art. 133 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: The social security agency is liable for interest on benefits only from the date the right to the benefit is legally established, not from the date the underlying condition existed.