II UK 187/09
AI generated
Social security decision based on agency error cannot be changed retroactively under Polish Social Insurance Law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding a decision terminating a farmer's social insurance coverage. The applicant argued the decision was flawed, but the Court found the agency had full knowledge of the facts at the time of the ruling, meaning the error was not due to concealed circumstances. Consequently, the Court ruled that the decision cannot be altered retroactively to benefit the applicant.
Legislator headnote
AI generatedArt. 83a ust. 1 ustawy o systemie ubezpieczeń społecznych; Decisions based on agency errors cannot be changed with retroactive effect to benefit the insured party when all relevant facts were known to the agency at the time of the decision.
Keywords
AI generated
social insurance termination
agency error correction
retroactive effect prohibition
farmer insurance status
procedural fairness principle
trust protection doctrine
cassation appeal outcome
Cited Legislation
AI generatedArt. 83a ust. 1 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych
Art. 379 pkt 5 k.p.c.
Art. 477 § 1 k.p.c.
Art. 983a ust. 1 ustawy systemowej
Art. 398 § 1 k.p.c.
art. 379 pkt 5 k.p.c
art. 47711 § 1 k.p.c
art. 155 k.p
art. 8 k.p
art. 39815 § 1 k.p.c
Cited Case Law
AI generatedI UK 256/07
III UK 39/07
Supreme Court dismisses cassation appeal regarding retroactive effect of social security status re-evaluation.
II UK 312/07
Supreme Court dismissed cassation, ruling that a farmer's social insurance ended when non-farming business began before one year of continuous coverage.
III UK 28/05
Social security court decision establishing farmer's insurance status cannot have retroactive effect due to administrative error.
II UK 395/03
Social court dismissed appeal; pension eligibility conditions must be met at the time of the decision.
II UK 359/03
Supreme Court quashes social security decision due to procedural error in cassation review regarding administrative retrial grounds.