Legislator Case Law & Legislation
I UK 189/04 AI generated

Early retirement for child care is not irrevocable; payment can be suspended if child's health condition improves.

Case Number I UK 189/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against the suspension of an early retirement pension for a mother caring for her sick son. The Social Insurance Institution suspended the benefit because the son's current moderate disability no longer met the strict criteria for requiring constant care, whereas the court found the legal basis for suspension valid. The court ruled that the right to this specific pension is conditional and ceases when the statutory prerequisite of the child's severe health condition disappears.

Legislator headnote

AI generated

Art. 134 ust. 1 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 101 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; The right to early retirement for caregivers of children requiring constant care is not irrevocable and may be suspended if the child's health condition improves such that the requirement for constant care no longer exists.

Keywords

AI generated
early retirement pension child care dependency social insurance law conditional benefit rights health condition improvement supreme court cassation disability assessment criteria

Cited Legislation

AI generated
Art. 134 ust. 1 pkt 1 of the Act on Pensions and Allowances from the Social Insurance Fund
Art. 101 pkt 1 of the Act on Pensions and Allowances from the Social Insurance Fund
§ 1 of the Council of Ministers Regulation of 15 May 1989 on the right to early retirement for employees caring for children requiring constant care
art. 67 ust. 2 Konstytucji RP
art. 39312 k.p.c

Cited Case Law

AI generated

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