Family pension denied to child who became totally disabled after age 25 under Social Insurance Act.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by Ewa B. against the Social Insurance Institution's refusal of a family pension. The court found that the applicant, who became totally disabled after turning 25, did not meet the temporal conditions for receiving a family pension following her father's death. The court rejected the argument that total disability alone grants the right regardless of when it occurred, emphasizing that the law strictly ties the pension to the period of disability established before specific age thresholds.
Regesto Legislator
Generato dall'IAArt. 68 ust. 1 pkt 3 ustawy o FUS; Art. 70 ust. 2, Art. 71 pkt 2 ustawy o FUS: The right to a family pension for a child who became totally disabled after age 25 is contingent upon the disability occurring within the specific time periods defined by law, not merely upon the existence of total disability.