Legislator Case Law & Legislation
I UZP 6/06 AI generated

Social security court ruled ZUS must justify refusal to extend voluntary sickness insurance payment deadlines for judicial review.

Case Number I UZP 6/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that the Social Insurance Institution's refusal to grant consent for late payment of voluntary sickness insurance contributions is subject to judicial review. The applicant argued that her insurance coverage continued until March 2006 despite missing the September 2005 payment deadline, while the institution claimed coverage ended on September 1, 2005. The court held that the statutory power to grant such consent must be exercised based on verifiable and fair criteria, not arbitrary discretion, and that all disputed circumstances must be examined by the court.

Legislator headnote

AI generated

Art. 14 ust. 2 pkt 2 ustawy z dnia 13.10.1998 r. o systemie ubezpieczeń społecznych; The Social Insurance Institution's discretion to grant consent for late payment of voluntary insurance contributions is not arbitrary and must be subject to full judicial review of the grounds for refusal.

Keywords

AI generated
social security law voluntary insurance late payment deadline judicial review scope administrative discretion sickness benefit social insurance system

Cited Legislation

AI generated
art. 14 ust. 2 pkt 2 ustawy z dnia 13.10.1998 r. o systemie ubezpieczeń społecznych
art. 47 ust. 2 pkt 2
art. 45 Konstytucji
art. 4779 § 31 k.p.c.
art. 47714 § 4 k.p.c.
art. 168 § 1 k.p.c
art. 47714 § 4 k.p.c

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