Social pension case dismissed; Art. 13 ust. 3 FUS applies to permanent disability via Art. 4 ust. 2 Social Pension Act.

The Supreme Court dismissed the cassation appeal filed by Magdalena G. against a permanent social pension decision. The applicant argued that Article 13, Section 3 of the Social Security Act only covers temporary disability, yet the lower court granted a permanent pension based on medical findings. The court ruled that Article 13, Section 3 applies to social pensions only where Article 4, Section 2 of the Social Pension Act does not already regulate the matter, and since the latter explicitly allows permanent disability, the former must be interpreted to include it. Consequently, the court found no legal error in granting the permanent pension despite the five-year limitation rule.