Social security law ruling: lack of income from assisting a business partner does not exempt mandatory insurance coverage.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a dental practitioner against a Social Insurance Institution decision ordering the return of benefits. The insured, who received a disability pension for a work-related illness, assisted her son in running a dental practice without receiving remuneration or generating income. The court held that the statutory requirement for mandatory social insurance applies regardless of whether the assistant generates income, thereby excluding the simultaneous receipt of a disability pension and an old-age pension.
Legislator headnote
AI generatedArt. 26 ust. 1 ustawy o ubezpieczeniu społecznym z tytułu wypadków przy pracy i chorób zawodowych; Art. 6 ust. 1 pkt 5 ustawy o systemie ubezpieczeń społecznych: The right to receive an old-age pension concurrently with a disability pension is excluded when the assistance provided by a close relative to a business owner causes the generation of income from that business activity, irrespective of whether the assistant receives remuneration.