Supreme Court Overturns Ruling on Sickness Benefits Dispute

Poland's Supreme Court has intervened in a case where the Social Insurance Institution (ZUS) denied a woman sickness benefits (L4) and demanded repayment of previously received funds. The woman was initially declared ineligible for social security insurance by ZUS in 2020. Following this decision, she was refused benefits from the sickness fund and ordered to return what were deemed improperly collected payments.

Both lower courts had upheld ZUS's decision, distinguishing between "improperly collected" and "improperly paid" benefits. They reasoned that since the insured individual was also a contributor, she was responsible for repaying the improperly paid benefits. However, the woman pursued the case further, ultimately reaching the Supreme Court.

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citizens – including contributors – cannot be surprised by a change in the rules of the game regarding events that have already concluded.

The Supreme Court overturned the lower courts' ruling, remanding the case for reconsideration. The court noted that the improperly paid benefits in question dated from 2013-2016, a period before a specific legal provision (Article 84, Paragraph 6 of the systemic law) was introduced in 2021. The Supreme Court stressed the importance of legal predictability, stating that citizens, including those who pay contributions, should not face unexpected changes in rules for past events. The court suggested that in such situations, the principle of citizen trust in the state and its laws, as enshrined in the constitution, should be considered.

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the court should consider applying the principles arising from Article 2 of the constitution, i.e., the principle of citizen trust in the state and the law it establishes.