Legislator Case Law & Legislation
I UZP 3/11 AI generated

Supreme Court rules care for non-disabled family member without official disability certificate is not non-contributory period.

Case Number I UZP 3/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the applicant's appeal regarding the non-contributory period for caring for a family member. The lower court had granted an early pension by counting six years of unpaid work caring for the applicant's father, despite the lack of a disability certificate for the father. The Court held that the statute requires a formal legal determination of total disability or significant impairment before such care can be recognized as a non-contributory period. Consequently, the absence of a prior official ruling invalidated the lower court's decision to count those years toward the pension eligibility.

Legislator headnote

AI generated

Art. 7 pkt 7 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych: Care for a family member without a prior official disability certificate does not constitute a non-contributory period.

Keywords

AI generated
non-contributory period disability certificate family care pension eligibility strict interpretation legal determination social security law

Cited Legislation

AI generated
Art. 7 pkt 7 ustawy z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych

Cited Case Law

AI generated
I UK 354/05
I UK 292/06
II UK 292/06

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