I UK 372/04
AI generated
Supreme Court held that sick pay periods count as sick benefit periods under the Social Insurance Act.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the applicant's appeal regarding the calculation of sick benefits. The applicant argued that periods of sick pay should be included in the total sick benefit period to prevent recalculating the benefit base. The court ruled that the statutory provision applies to all insured persons, meaning the period of receiving sick pay must be treated as part of the sick benefit period for legal consistency.
Legislator headnote
AI generatedArt. 43 ust. 1 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; Art. 92 k.p.; The period during which an insured person is unable to work due to illness and receives remuneration shall be included in the period of receiving sick benefit.
Keywords
AI generated
sick benefit period
social insurance law
remuneration inclusion
benefit calculation
insured persons
statutory interpretation
sickness allowance
Cited Legislation
AI generatedArt. 43 ust. 1 of the Act on social benefits in the event of sickness and maternity
Art. 92 of the Code of Civil Procedure
Art. 81 ust. 1 of the Act on social benefits in the event of sickness and maternity
art. 112 k.c
art. 92 k.p
art. 85 § 2 k.p
art. 80 k.p
art. 92 § 2 k.p
art. 92 § 1 k.p
art. 92 § 3 pkt 2 k.p