Pension body, Social Insurance Institution, on the basis of Article 83 Act dated 13 October 1998 the Social Insurance System makes decisions on individual cases relating in particular to reporting to social security, the course of insurance, the determination and collection of contributions, as well as the remission of contributions, the determination and collection of contributions to the Pension Fund, as well as the remission of claims for those contributions, the determination of entitlement to social security benefits or the assessment of social security benefits. The party shall be entitled to an appeal against that decision, which shall be brought before the competent court within the time limit and in accordance with the principles laid down in the Civil Procedure Code.
According to Article 4479 Act dated 17 November 1964 The Civil Procedure Code (hereinafter the NPC) ‘the appeal against decisions of the pension authorities shall be made in writing to the authority which issued the decision or to the minutes drawn up by that authority within one month of service of the copy of the decision’.
The appeal against the decision of the Social Insurance Institution shall begin civil proceedings in matters relating to social security. The appeal must be addressed to the competent court, but it shall be lodged through the authority which issued the contested decision.
The court in question will be a district court, however, in the cases mentioned under Article 4478(1) The relevant NPC will be a regional court.
The application through the pension authority shall fulfil the function of self-control and, where that authority considers that the appeal in its entirety is appropriate, may amend or revoke the contested decision, resulting in a lack of further appeal.
However, it is unacceptable for the Authority to take account of the appeal only in part.
Generally, according to 4478 section 3 The NPC exceeding the period of one month for bringing an appeal results in its rejection by the court, but no less the application of an appeal with an excess of the period which is not excessive and which has occurred for reasons which are independent of the appellant should not be rejected.
It is indicated that it is not possible to submit a request for restoration of the time limit due to the shape of the above paragraph. It is also possible for the insured person to lodge an appeal to the minutes in the court competent for his or her place of residence, but it may not concern the absence of a decision by the authority.
In that case, the court seised with such an appeal shall transmit the minutes to the authority which issued the contested decision, unless he is competent to recognize him himself. If that is the case, the court shall require the authority to file the case and give the appeal to the course and shall send a copy to the issuing authority.
The appeal is a procedural document and must therefore comply with the general conditions laid down under Article 126 KPC. Moreover, as a special letter, it should comply with certain conditions.
Under Article 47710 KPC, thus indicating the contested decision, indication and a summary of the charges and applications, as well as the signature of the insured person or his representative or legal representative. However, a claim that the pension authority did not recognise cannot be brought before a court.
Therefore, a request which has not been recognised by the Social Insurance Institution and which has been notified in the appeal shall be submitted by the court to the pension authority.
Party in this proceeding, in accordance with Article 47711 The NPC may be insured, the pension authority, the person concerned and another person whose rights and obligations are related to the contested decision. The person concerned shall be understood to have rights or obligations depending on the outcome of the case.
An example of another person may be the wife of a civil partnership partner who is obliged to pay late social security benefits and reimbursement of unduly paid benefits from the property of the spouse, and an employer who questions the existence of employee rights to sickness benefit should be indicated as the person concerned.
The absolute nature of the social security rules, which excludes the possibility of modifying or replacing them by the will of the parties, affects the lack of the parties' rights to enter into a settlement in such proceedings. Specific case discontinuance of proceedings in social security cases, it shall be the case where, before a decision is taken which takes account of the party’s request in whole or in part, the pension authority of the contested decision changes it before the court has decided.
Court first when giving a substantive decision, the appeal may take into account or dismiss it where there are no grounds for taking it into account. Where the court takes into account the appeal in its decision, the court shall amend the contested decision in whole or in part and then rule on the substance of the case.
Where the authority takes account of an appeal lodged in the absence of a decision, the court shall require the authority to take a decision within the prescribed time limit, in so far as it informs the overriding authority or in fact decides the matter.
Having regard to such an appeal, the court finds that the absence of a decision by the Social Insurance Institution constitutes a serious violation of the law.
This is a direct consequence of the principles of determining the property liability of public officials for gross misconduct, since one of the conditions which exist cumulatively alongside those indicated under Article 5(1) and 2 Act dated 20 January 2011 the liability of public officials for a gross violation of the law is to declare a gross violation of the law.
Court second In the event of the repeal of the judgment and the preceding decision of the pension authority, the pension authority shall have the power to refer the matter directly to the pension authority, in principle to the person who issued the contested decision.
This decision may take place, under the provisions of the Civil Procedure Code, when a declaration of nullity of proceedings, non-recognition by the court is found first the instance of the substance of the case, or where the decision by judgment requires the conduct of evidence in its entirety.
The referring court shall assess the requests made and give guidance on the further proceedings which bind both the authority and the court first instances re-identifying the case.