title: [Medical certification problems associated with the so-called social pension--the error underlying the notion of such a medical certifying solution].
abstract: On October 1, 2003, the Act on social pension of June 27, 2003, came into force. Social pensions are granted to individuals who are of age and totally unable to work due to somatic deficiencies that have occurred mainly before coming of age (18 years of life). The most important element of the new law is the fact that while assessing the right for the benefit it is not important when the complete inability to work occurred, but that it resulted from somatic deficiency which occurred in the period mentioned above. This kind of solution, however, differs greatly from what was included in the former school-pupil's pension, in the family pension, or in the right to earlier retirement pension of employees having children requiring constant care. Although in all the solutions the premise entitling the individual to receive appropriate benefits was and still is the occurrence of disorders causing complete disability to work (the former second group of disability), in all the former legal solutions, the complete inability to work had to occur in the periods determined by an appropriate law or regulation. Yet, in the case of social pension, it is only an enigmatic malfunction of the organism, which is not defined anywhere and in any way, that has to occur in the periods determined by the regulations. It seems that the law on social pension requires urgent modification.
authors.affiliation: Kliniki Psychiatrii Dorosłych Collegium Medium UJ w Krakowie. mzzyss@cyf-kr.edu.pl
authors.forename: Tomasz
authors.initials: T
authors.lastname: Zyss
authors.forename: Joanna
authors.initials: J
authors.lastname: Boroń
authors.forename: Robert T
authors.initials: RT
authors.lastname: Hese
mesh_terms: D000293:Adolescent; D002648:Child; D002669:Child Welfare / Q000331:legislation & jurisprudence*; D004185:Disability Evaluation; D033161:Government Regulation; D006304:Health Status; D006801:Humans; D018868:Insurance, Disability / Q000331:legislation & jurisprudence*; D008499:Medical Records; D011044:Poland; D012943:Social Security / Q000331:legislation & jurisprudence*