Legislator Case Law & Legislation
I UK 190/08 AI generated

Social Security Court dismisses refund claim when insured was unaware of rights termination due to agency actions.

Case Number I UK 190/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Social Security Court dismissed the insured's appeal against a lower court order to refund overpaid training pension. The insured received the pension for five years after the official entitlement period ended, during which the Social Security Agency continued paying, revaluing, and deducting health insurance contributions. The court held that the insured was not obligated to return the funds because the agency's continued actions created a legitimate belief that the benefit was still due, and the statutory notices did not explicitly state the right had expired.

Legislator headnote

AI generated

Art. 138 ust. 1, Art. 138 ust. 2 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; The insured is not liable to return benefits paid after the statutory period if the social security agency continued to pay, revalue, and deduct contributions, thereby inducing a reasonable belief in the benefit's validity.

Keywords

AI generated
social security pension overpayment refund agency duty of care legitimate belief statutory entitlement period social security law inducement to pay

Cited Legislation

AI generated
Art. 138 ust. 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
Art. 138 ust. 2 pkt 1 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
Art. 398 § 16 k.p.c.
Art. 98 k.p.c.
art. 409 k.c
art. 473 § 1 k.p.c
art. 247 k.p.c
art. 39816 k.p.c
art. 98 k.p.c

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text