Social security court dismisses rent refund claim exceeding one year prior to decision date when income suspension was notified.
Legislator summary
AI generatedThe Supreme Court dismissed the applicant's cassation appeal against a social security office decision ordering a refund of pension benefits. The applicant had notified the authority in January 2003 about expected income that would suspend the pension, yet the office demanded repayment for the entire 2003 year in a 2005 decision. The court ruled that the law strictly limits such refunds to the calendar year preceding the decision date when prior notification of income exists. Consequently, the court found the lower court erred in applying the statute and remanded the case for reconsideration.
Legislator headnote
AI generatedArt. 138 ust. 4 i 5 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: When a recipient notifies the authority of income causing suspension, the refund obligation is limited to the calendar year preceding the decision date.