scholarly journals Zbieg prawa do świadczeń opiekuńczych i świadczeń z ubezpieczenia społecznego — uwagi de lege ferenda

2019 ◽  
Vol 117 ◽  
pp. 37-46
Author(s):  
Monika Lewandowicz-Machnikowska
Keyword(s):  
Social Security ◽  
Legal System ◽  
Social Insurance ◽  
Current Situation ◽  
Insurance Benefits ◽  
Retirement Pension ◽  
Insurance Benefit ◽  
Family Benefits ◽  
The Right ◽  
Social Security Benefits

CONCURRENCE OF THE RIGHTS TO CARE BENEFITSAND SOCIAL SECURITY BENEFITS —DE LEGE FERENDA COMMENTSThe text deals with the issue of the concurrence of care benefits and social security benefits regulated in the Act on Family Benefits. Such a situation occurs when a person who already has the right to a social insurance benefit, e.g. a retirement pension, acquires the right to one of the care benefits, e.g. an attendance benefit. The regulations included in the Act on Family Benefits are discussed against the background of the general principles according to which a particular type of risk can be protected with only one benefit and social insurance benefits take precedence over care benefits. According to the author’s opinion, the solutions adopted by the legislator are unadjusted to the current situation and are increasingly provoking controversy in practice and, consequently, in the author’s opinion, require changes. The lack of action on the part of the legislator causes courts to play its role, which should not occur in a properly functioning legal system based on the rule of the tripartite division of power.

scholarly journals Migrants’ Access to Social Protection in Latvia

2020 ◽  
pp. 257-270
Author(s):  
Anhelita Kamenska ◽  
Jekaterina Tumule
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Labour Force ◽  
Labour Force Participation ◽  
Flat Rate ◽  
Family Benefits ◽  
And Migration ◽  
Social Security Benefits ◽  
Permanent Residents

Abstract This chapter discusses the link between migration and welfare in Latvia. In general, the Latvian social security system may be described as a mixture of elements taken from the basic security (where eligibility is based on contributions or residency, and flat-rate benefits are provided) and corporatist (with eligibility based on labour force participation and earnings-related benefits) models. The country has experienced significant social policy and migration-related changed during the past decades. This chapter focuses on the current Latvian legislation, by closely examining the differential access to social protection benefits of resident nationals, foreigners living in Latvia and Latvian citizens residing abroad across five core policy areas: unemployment, health care, pensions, family benefits and social assistance. Our results show that the Latvian social security benefits are generally based on the principle of employment, social insurance contributions, and permanent residence. Most of the social benefits and services are available to socially insured permanent residents. At the same time, the state offers minimum protection to non-insured permanent residents. Foreigners with temporary residence permits who are not socially insured are the least socially protected group.

scholarly journals Access to Social Protection by Immigrants, Emigrants and Resident Nationals in the Russian Federation

2020 ◽  
pp. 247-261
Author(s):  
Daria Popova
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Social Assistance ◽  
Legal Framework ◽  
Social Benefits ◽  
The Social ◽  
Care Family ◽  
Family Benefits ◽  
Social Security Benefits

AbstractThis chapter discusses the general legal framework regulating Russia’s welfare system and access for national citizens, foreigners residing in the country, and national citizens residing abroad to social benefits in five policy areas: unemployment, health care, family benefits, pensions, and guaranteed minimum resources. Our analysis shows that the eligibility of Russian nationals for social benefits depends either on their employment status and contribution record (for pensions and other social insurance benefits), or their residence status (for social assistance and healthcare). The overall level of social protection of citizens residing in different parts of the country may differ substantially due to the decentralized structure of the social protection system in Russia. The rights of foreign residents to social security benefits are essentially the same as those of the nationals, as long as they are legally employed and make social security contributions. However, there are two major exceptions: pensions and unemployment benefits. Social assistance benefits provided at the regional level are typically available to all legal residents, foreigners included, with few exceptions. When deciding to permanently move abroad, Russian citizens lose their entitlement to claim social benefits from Russia, apart from acquired contributory public pensions.

DETERMINANTS CHARACTERIZING WORK IN SPECIAL CONDITIONS

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 367-377
Author(s):  
Katarzyna Szlachta-Kisiel
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Indirect Evidence ◽  
Current Position ◽  
Retirement Pension ◽  
Insurance Law ◽  
The Right

The situation of the applicant applying for a retirement pension for work in a special conditions while not possessing the required work certificate confirming such a circumstance raises numerous interpretative doubts for each party to the proceedings. Determining whether a job is or is not a job in special conditions based on indirect evidence is a very common challenge which the Labor and Social Security Courts currently have to face. In this study I have characterized the premises whose combined existence allow for the assumption that a given work can be considered as performed in special conditions. On the basis of legal acts, the current position of doctrine and judicature, as well as taking into account the specificity of social insurance law norms, I indicate determinants characteristic for work in special conditions, the determination of which is crucial for the applicant’s acquisition of the right to retirement.

scholarly journals Fundamentos constitucionais da proteção social: continuidades e ruturas

2016 ◽  
Author(s):  
Ana Rita Ferreira ◽  
Daniel Carolo ◽  
Mariana Trigo Pereira ◽  
Pedro Adão e Silva
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Social Protection ◽  
Political Action ◽  
The Political ◽  
Constitutional Court ◽  
Universal Principles ◽  
The Social ◽  
Political Choices ◽  
The Right

This article discusses the ways in which the Constitution of the Portuguese Republic has embodied to the political choices made during the process of creating and defining a democratic welfare state and how the various constitutional principles are reflected in the architecture of the system and have gradually changed over the years. The authors argue that when Portugal transitioned to democracy, unlike other areas of the country’s social policies the social security system retained some of its earlier organising principles. Having said this, this resilience on the part of the Portuguese system’s Bismarckian template has not prevented social protection from expanding here in accordance with universal principles, and has given successive governments manoeuvring room in which to define programmatically distinct policies and implement differentiated reformist strategies. The paper concludes by arguing that while the Constitution has not placed an insurmountable limit on governments’ political action, it has served as a point of veto, namely by means of the way in which the Constitutional Court has defended the right to social protection, be it in the form of social insurance, be it in the imposition of certain social minima.

PRINCIPLE OF (NON) CUMULATION, THAT IS, ABOUT THE CONFLUENCE OF THE RIGHT TO A RETIREMENT PENSION FROM THE GENERAL AND MILITARY SYSTEMS

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 707-716
Author(s):  
Justyna Czerniak-Swędzioł
Keyword(s):  
Social Insurance ◽  
Social Protection ◽  
General System ◽  
Social Solidarity ◽  
Pension Insurance ◽  
Social Insurance System ◽  
Retirement Benefits ◽  
Retirement Pension ◽  
Constitutional Principle ◽  
The Right

Professional soldiers have their own social security system, separate from the general social insurance system, which provides social protection in the event of long service, total incapacity to serve and the death of the breadwinner (pension benefits). At the same time, a professional soldier can accumulate and receive two pensions from different systems, ie universal and reserve. However, the principle of accumulation of benefits based on the applicable provision is dedicated to a narrow group of entitled persons. The principle of non-cumulation is considered to be the basic and dominant one. It is an expression of the principle of risk solidarity in force in social insurance law and is not inconsistent with the constitutional principle of equality expressed in Art. 32 of the Polish Constitution. In the event of the overlapping of the right to several benefits specified in the Act, the pension authority is obliged to pay only one (higher) benefit, even if this right results from various acts, and the possibility of combining benefits must be clearly indicated in the provisions of law. Separation of the insurance and supply system allows each of these systems to fulfill separate obligations towards professional soldiers, not related to the general system. Maintaining the principle that for the same period of retirement pension insurance, two retirement benefits cannot be awarded simultaneously (Article 5 (2a) (2a) of the Pension Act). The exception to the principle of non-accumulation (ie the principle of collecting one benefit) in the case of a professional soldier remaining in service before January 2, 1999 is not determined by the date of admission to service, but the lack of the possibility to calculate the military pension taking into account the “civil” retirement age. The convergence of the right to benefits (from the general and military pension) with the parallel occurrence of these events is contrary to the constitutional principle of social justice. It is not socially just to deprive an insured person who has met the statutory requirements of the right to benefits solely on the basis of social solidarity. In such situations, a significant part of the retiree’s professional life is not reflected in the amount of received retirement benefits.

scholarly journals Legal Issues in The Implementation of National Social Security System on Labour in Indonesia

2018 ◽  
Vol 54 ◽  
pp. 03019
Author(s):  
Tedi Sudrajat ◽  
Siti Kunarti ◽  
Abdul Aziz Nasihuddin
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Health And Safety ◽  
Legal Protection ◽  
Social Security System ◽  
Security System ◽  
Safety Assurance ◽  
The Social ◽  
The Government ◽  
Social Security Benefits

The Social Security System in Indonesia has been regulated by the government, and the program is managed by an agency called Social Insurance Administration Organization (BPJS). Associated with the existence of social security functions for workers, its practice presents a gap between what is expected and what is regulated. For this reason, it is therefore necessary to examine, firstly, what kind of legal protection of workers is covered by this national social security system managed in BPJS program and, secondly, what constraints are encountered in its implementation. This research is Juridical Normative one, with normative qualitative data analysis. The research finds that the social security is correlated not only with the welfare of employees who are assessed by the level of wages provided by the organization, rather it is also correlated with other factors in the form of health and safety assurance. In the broader context, social welfare is measured not only when the person is at work and gets social security benefits, rather the measure of his welfare is also applicable when the worker is not working and/or when they retire. On the basis of these, the social security program is an integral aspect of social security to which the government should give a legal protection.

scholarly journals Heading for Retirement? National Insurance, State Pensions, and the Future of the Contributory Principle in the UK

2004 ◽  
Vol 33 (3) ◽  
pp. 347-371 ◽  
Author(s):  
JOHN HILLS
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Flat Rate ◽  
National Insurance ◽  
Starting Point ◽  
Working Age ◽  
Total State ◽  
The Uk ◽  
The Right ◽  
State Pension

This article discusses the implications of the decline of National Insurance in Britain, witnessed by its declining share of social security spending and steady dilution of the ‘contributory principle’ on which it was originally based. This decline is not accidental: under governments of the Left, arguments for inclusion have predominated, non-contributory benefits expanded and contribution conditions softened; under those of the Right, limited resources have been focused on the poorest through means-testing. From this starting point, the strong arguments in principle for social insurance look much weaker. However, there are also reasons why the system has not been swept away, notably the way in which most of it concerns already accrued state pension rights.The effect of current plans for state pensions is to restore something closer to a flat rate state pension, but with significant complexity. The article suggests a way in which a more transparent system could guarantee a total state pension at a fixed percentage of average earnings. Other National Insurance benefits could either be separated from pensions and absorbed within other working age social security, or the scope of National Insurance could be maintained, but based on a test of participation, not past contributions.

scholarly journals Migrants’ Access to Social Protection in Belgium

2020 ◽  
pp. 49-63
Author(s):  
Pauline Melin
Keyword(s):  
Social Security ◽  
Old Age ◽  
Social Protection ◽  
Social Security System ◽  
Security System ◽  
Social Benefits ◽  
Minimum Income ◽  
Family Benefits ◽  
Social Security Benefits ◽  
Guaranteed Minimum Income

Abstract Access to social benefits in Belgium is not conditional upon nationality but rather on periods of insurance to the Belgian social security system. Despite the lack of nationality conditions, a number of social benefits are made conditional upon residence of the beneficiary in Belgium. Consequently, even though the Belgian social security system appears, at first sight, as neutral regarding the migration trajectory of its beneficiaries, it might be more difficult for migrants to access, retain and export social security benefits from Belgium when compared to resident nationals. This chapter thus compares the conditions of access to social benefits for nationals and non-nationals residing in Belgium, as well as Belgian citizens residing abroad. It aims to analyse whether migration decisions impact access to and retention of social security benefits. More particularly, the analysis focuses on access to unemployment benefits, healthcare, old-age pensions, family benefits and guaranteed minimum income. Finally, this chapter also questions whether access to social benefits might have a consequence for the residence status of non-nationals in Belgium.

scholarly journals Access to Social Protection by Immigrants, Emigrants and Resident Nationals in Argentina

2020 ◽  
pp. 41-56
Author(s):  
Verónica Carmona Barrenechea ◽  
Giuseppe M. Messina ◽  
Mora Straschnoy
Keyword(s):  
Social Security ◽  
Migrant Workers ◽  
Social Protection ◽  
Migration Policy ◽  
Fundamental Rights ◽  
Eligibility Requirements ◽  
Family Benefits ◽  
Migratory Status ◽  
And Migration ◽  
Social Security Benefits

AbstractThis chapter discusses the level and quality of social protection granted to legally residing migrant workers in Argentina and national citizens residing abroad in five main policy areas: unemployment, health, pensions, family benefits and guaranteed minimum resources. After an overview of recent evolutions in Argentina’s Social Security and migration policy, we analyze each policy area in order to identify the necessary eligibility requirements for accessing social benefits or services. Our findings show that, in general, the contributory logic prevails over nationality for Social Security benefits. In the case of non-contributory programs, we observe a regime that is generally less generous in quantitative and qualitative terms, and even more restricted for migrants. Despite this, Argentina’s immigration policy is relatively open, especially for migrants from the region, while certain fundamental rights (such as health and education) are guaranteed to all migrants (regardless of their migratory status).

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