Legislator Case Law & Legislation
II UK 398/08 AI generated

Supreme Court dismisses appeal; failure to report income triggers full refund obligation regardless of organ negligence.

Case Number II UK 398/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Barbara P. against a Social Insurance Fund decision ordering a full refund of family pension. The insured had failed to provide accurate income declarations, leading the fund to suspend benefits and demand repayment for 2003-2005. The court held that the statutory obligation to report income is strict, and the insured cannot claim a reduced refund period based on the fund's alleged negligence in verifying the income threshold.

Legislator headnote

AI generated

Art. 138 ust. 5 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; The failure to notify the social insurance body of income exceeding statutory limits constitutes a breach of duty, obligating the recipient to return the full amount of overpaid benefits without reduction due to the body's potential negligence.

Keywords

AI generated
social insurance benefits income declaration obligation overpayment refund administrative negligence family pension cassation appeal strict liability

Cited Legislation

AI generated
Art. 138 ust. 5 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych
Art. 39813 § 2 k.p.c.
Art. 39814 k.p.c.
art. 60 k.c
art. 39813 § 2 k.p.c
art. 39814 k.p.c

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