The Right to Special Annuity in Regard to the Social Security
Journal Title: Security Dimensions - Year 2012, Vol 8, Issue 8
Abstract
The author presents certain legal aspects referring to the regulation concerning the competence of the Prime Minister to grant annuity and pension (special annuity and pension). According to the author, some doubts relating to the subject in question stem from issuing the regulations in reference to the PM’s entitlement in the legal act concerning the benefits of social character. The benefits discussed in this dissertation are not of such character, which results in various problems of applying the special annuity/pension regulations. Persons, who due to specific reasons, do not comply with the requirements to be granted the annuity/pension of the social security may groundlessly believe that poorness they live in constitutes reason enough to acquire the right to the special annuity/pension. The author does not undermine the legitimacy of PM’s competences functioning in the judiciary system and thus his right to grant special social benefits. However, he advocates that the regulations including the competence in question should be brought beyond the social security law. In his point of view, this will result in avoiding unauthorized conclusions such as the fact that special annuity/pension constitute one of the benefits of social security. The authors also emphasizes that fact that the legislator leaves too much space for the decisive body which predicates the right to special annuity/pension based on objectively groundless reason.<br/><br/>
Authors and Affiliations
Mariusz Wieczorek
Keywords
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