Polish courts establish the scope of liability for individuals who incorrectly receive social insurance benefits and must return them with interest.
Return Requirement with Interest
A person who has incorrectly received a social insurance benefit must return it along with statutory interest for delay, determined according to the principles and amounts specified in civil law provisions.
As a rule, interest is calculated from the day following the benefit payment until the liability is settled, in accordance with Art. 84 para. 1 of the Act on the social insurance system.
Bad Faith Receipt Obligation
The obligation to return the benefit received applies to the person who obtained it in bad faith.
This includes both cases of prior notification of no right to the benefit and situations involving false statements, false documents, or other cases of deliberately misleading ZUS, as well as performing paid work during sick leave or using leave for purposes inconsistent with its objective.