Total inability to work and self-care grants family pension rights regardless of onset period.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the Social Insurance Fund's cassation appeal against a lower court ruling awarding a one-time compensation to the deceased worker's child. The court found that the child met the requirements for a family pension because he was totally unable to work and unable to live independently at the time of his mother's death from an occupational disease. The decision established that these specific conditions grant pension rights irrespective of when the disability occurred, distinguishing them from mere inability to work.
Legislator headnote
AI generatedArt. 63 ust. 1 pkt 3 ustawy o emeryturach i rentach; Art. 13 ust. 1 ustawy o ubezpieczeniu społecznym z tytułu wypadków przy pracy i chorób zawodowych: Total inability to work and self-care grants family pension rights and one-time compensation regardless of the period when the disability arose.