Contents
Legal grounds for granting benefits in exceptional mode
Retirement and disability benefits may be granted in a special procedure in situations where a person does not meet the statutory criteria for granting a pension on general principles. The President of the Social Insurance Institution has the right to grant a pension by way of exception, but only in the amount not exceeding the relevant benefits provided for in the Act.
The President of ZUS may grant the following retirement and disability benefits by way of exception:
- retirement,
- including a training pension,
- family pension.
Important! In this mode, pension benefits cannot be granted in this procedure specified in the provisions other than the Act on pensions from the Social Insurance Fund.
Principles of the functioning of the support system
The Social Insurance Institution grants various forms of financial support to the insured only in cases where they meet the requirements indicated in specific provisions. However, even in a situation where the insured does not meet the conditions for obtaining the benefit and ZUS issues a decision refusing to grant him a pension, pension or other benefit, taking into account certain circumstances and random events regarding insured and their family members, he can grant the benefit exceptionally. Such a benefit is paid in special life situations.
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Who can apply for a unique benefit?
. This group includes a spouse, descendants and introductory, who at the same time:
- As a result of special circumstances, they do not meet the conditions required in the Act to obtain the right to a pension or disability pension,
- they cannot, due to the total inability to work or age, work or activities covered by social insurance,
- They do not have the necessary means of subsistence.
Therefore, these people could not meet all the conditions to receive the benefit on general principles. In such cases, the President of the Social Insurance Institution may grant exceptionally benefits not exceeding the relevant benefits provided for in the Act.
Definitions of the most important concepts
Total inability to work means the inability to perform any work under normal conditions. It must be confirmed by an appropriate judgment issued by a ZUS certifying doctor.
Age preventing work This is the period under 18 years of age or the period after exceeding the retirement age (60 years for women, 65 years for men).
Preliminary condition – Decision of the ZUS refusal
In order to apply for a pension or special disability pension from the ZUS president, you should first obtain a non -ZUS refusal decision as to granting the right to a pension. For example, it is not possible to assess the rights to a unique disability pension before ZUS does not issue a refusal decision on a pension due to incapacity for work on general principles.
Special circumstances – legal interpretation
A special circumstance, due to which the insured did not develop the right to benefit on general principles, can only be considered such an event or state that exclude professional activity due to the inability to overcome their effects. If these events or status did not occur, the insured could in the future meet the conditions for obtaining a pension on general principles. Special circumstances in this case are events that the insured is not guilty of, and which prevented him from meeting the required conditions.
Conditions for granting the benefit
Another premise for granting a benefit by way of exception is the inability to take up a job or other gainful activity covered by social insurance due to complete incapacity for work or because of age.
The last premise is the fact that the insured does not have the necessary means to maintain. On the basis of submitted documents, he must show that his property and family situation is so difficult that he provides the insured and his family members only a minimum of existence.
Basics of issuing a refusal decision by the President of ZUS
The provisions of the Act make the granting of benefits by way of exception by the President of the Social Insurance Institution on the total fulfillment of all four listed conditions:
- Being insured – everyone is considered to be the insured (except for agricultural insurance persons) who have ever been insured at ZUS for any period, i.e. who was subject to retirement and disability insurance, and before January 1, 1999 social insurance
- Failure to meet the conditions required in the Act to obtain the right to a pension as a result of special circumstances
- Inability to take up work or activity due to the total inability to work or age
- Lack of necessary means of subsistence
Procedure for examining the application
The President of ZUS as the authority to which the application for a benefit is sent by way of exception, may in such a case either consider the application justified and grant the benefit, or issue a decision refusing to grant this benefit.
In this case, no appeal may be appealed. However, the insured may apply to the President of ZUS within 14 days from the date of delivery of the refusal decision for reconsideration of the case.
