Mr Paweł, a resident of the Warta Bolesławiecka municipality, asked us to publicize the case (he does not wish to disclose his surname). He is over 20 years old. He has been disabled since childhood. He has been classified as having a second-degree disability, but his life situation forced him to take a job. At first, he earned PLN 200–300 per month. At the end of 2006, he started working for another company, where he was initially paid a similar rate. After some time, he received a raise and currently earns PLN 500. However, to improve his standard of living, he works overtime.

The problem is that the man receives a social pension (currently more than PLN 500). Under the law, from June 1, 2008, the income of a person entitled to a social pension could not exceed PLN 895.20 (from September, this amount is PLN 885.50). Meanwhile, in June this year, Mr Paweł received a notice that he had earned PLN 80 more than the statutory limit. ZUS ordered him to repay more than PLN 500. This was not the first time. Previously, the institution had demanded that he repay PLN 2,500 (the payments were split into installments and are still being deducted from his pension), and in another case nearly PLN 1,000.

Mr Paweł found himself in a difficult situation. He spends more than PLN 100 a month on medication. In addition, he took out several loans. Unfortunately, he was unemployed for some time. Now that he has a job, a bailiff is seizing part of his income. The man even considered suspending his social pension. In his current situation, however, this is impossible. “Every time I earn a little more, they make me pay it back,” the disabled man says indignantly. “It makes me angry that other people do not work. Those who want to work and earn money do not have that opportunity,” he adds.

Initially, Mr Paweł wanted to repay ZUS only PLN 80. According to the institution’s employees, that possibility was out of the question. “Exceeding the permitted amount by even the proverbial one złoty results in the social pension being suspended in full,” explains Elżbieta Kurek, spokesperson for the Legnica branch of ZUS.

Mr Paweł’s case is not isolated. Approximately 4,400 social pensions are paid in the area served by the Legnica branch; around 100 of them are suspended each quarter.

Court decision

The man does not intend to pay the amount demanded by ZUS. He appealed to the labor court. We will report on the verdict in his case on our website.

The name of the article’s protagonist has been changed.

(ii information)