Early pension for child care denied when caregiver stops providing continuous daily care abroad.
Legislator summary
AI generatedThe Supreme Court dismissed the applicant's appeal, ordering the suspension of her early pension because she ceased providing continuous care to her son. The Social Insurance Institution initially suspended the benefit after the son moved abroad for treatment, but the lower courts incorrectly ruled that the statutory requirement for 'continuous care' was not met. The court held that the law requires uninterrupted daily care, which ended when the son left the country, thereby terminating the legal basis for the special pension.
Legislator headnote
AI generated§ 1 ust. 1 pkt 2 rozporządzenia Rady Ministrów z dnia 15 maja 1989 r.; The right to an early pension for caregivers of children requiring constant care terminates when the caregiver ceases to provide continuous, daily care.