Social Security Court allows re-evaluation of pension rights when an agency omits a required condition.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Social Security Court dismissed the cassation appeal, ordering a re-evaluation of the applicant's early pension rights. The Social Security Office had granted the pension based solely on a medical certificate without verifying if the child's illness actually required constant care. The court held that revealing such an omission justifies reopening the case under Article 114(1) of the Social Security Act, as the applicant cannot rely on a right established by a flawed decision.
Regeste Legislator
Généré par l'IAArt. 114 ust. 1 ustawy o emeryturach i rentach; Art. 2 Konstytucji RP: The disclosure by a social security agency that a required condition for granting benefits was overlooked justifies a new determination of the right to benefits, as acquired rights do not protect benefits granted erroneously.