Social security court bound by final decision; refund obligation lies with recipient, not employer, when fraud is intentional.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the insured woman's cassation appeal against a social security fund's decision to order her to repay sick pay. The fund had paid benefits based on a sham employment contract, while the employer submitted false data to the fund. The court ruled that the refund obligation falls on the recipient who knowingly accepted the benefits through the fraudulent agreement, rather than the employer who provided false information. Consequently, the statutory provision allowing the employer to be held liable for such errors did not apply to this specific situation.
Regeste Legislator
Généré par l'IAArt. 84 ust. 1, 2, 6 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych: The obligation to return social benefits obtained unlawfully rests with the recipient who knowingly accepted them, not the employer who submitted false data, unless the recipient cannot be deemed to have obtained them unlawfully.