Legislator Case Law & Legislation
II UKN 577/00 AI generated

Social security court allows appeal against social fund decision denying late payment term restoration.

Case Number II UKN 577/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the social fund's cassation appeal, allowing the applicant's challenge to the Social Insurance Fund's decision. The fund had denied the applicant's right to a sick benefit because she failed to pay voluntary insurance premiums within the statutory deadlines. The lower court ruled that the fund failed to examine the prerequisites for restoring these deadlines before denying the request. The Supreme Court held that such decisions are civil matters subject to appeal under the Civil Procedure Code, not excluded from judicial review.

Legislator headnote

AI generated

Art. 83 ust. 1 pkt 3, ust. 2 ustawy o systemie ubezpieczeń społecznych; Art. 476 § 2 pkt 1 i 3 KPC: Decisions by the Social Insurance Fund regarding the restoration of payment deadlines for voluntary insurance premiums are civil matters subject to appeal to the labor and social insurance court.

Keywords

AI generated
social insurance appeal payment deadline restoration voluntary insurance premiums civil procedure code social fund decision sick benefit entitlement judicial review scope

Cited Legislation

AI generated
Art. 83 ust. 1 pkt 3, ust. 2 of the Social Insurance System Act
Art. 83 ust. 4 of the Social Insurance System Act
Art. 476 § 2 pkt 1 and 3 of the Civil Procedure Code
Art. 393 § 12 of the Civil Procedure Code
Art. 2 ust. 1 pkt 1, 2 and 6 of the Social Insurance System Act
Art. 23 ust. 1 pkt 1 and ust. 4 of the Act on the Organization and Financing of Social Insurance

Cited Case Law

AI generated

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