Literal interpretation of law and ‘trends in administrative court judgments’ on the example of the right to nursing benefit for people who have an established right to old age pension

Abstract

Literal interpretation of the provisions of art. 17 sec. 5 point 1 lit. and the Act on family benefits, shows that the established right to old age pension is a negative condition for granting a nursing benefit. Until 2018, both administrative bodies and administrative courts refused to grant a nursing benefit to pensioners. From 2019, new jurisprudence lines began to appear, which (contrary to the wording of the provisions of the Act on family benefits) allow the award of a compensation benefit (i.e. nursing benefit reduced by the amount of the old age pension) or choosing more favorable benefit. These solutions have not been provided for in the provisions of the Act. That puts into question the importance of the literal interpretation and the principle of legal certainty.