The enforcement of the claim of orphan’s benefits.
Pursuant to the SSPA Sec. 64 (1) applications for pension benefits shall be submitted in writing, using the prescribed form or standard electronic form (hereinafter referred to as proof of claim form). This action constitutes as an application under the Act CL of 2016 on General Public Administration Procedures (hereinafter: GPAP) Sec. 35 (1). The entitlement of pension benefits is related to the person of the rightholder, therefore it can not be enforced by nobody nor the successor and the spouse. Procedures relating to the enforcement of claims for benefits available under the social security system and other proceedings under this Act shall be exempt from duties and charges. It shall mean that the conducting of the procedure which is regulated in the Act XCIII of 1990 on the Duties (hereinafter: Duties Act) can be initiated without any obligation of paying duties.
The proof of claim form can be downloaded from the website of Hungarian State Treasury, under the code number K11.
Pursuant to SSPA Sec. 64. (2) Claims may be enforced retroactively for maximum 6 months, meaning that benefits may be established – if all conditions for entitlement are satisfied – as of the first day of the sixth month preceding the date of filing the proof of claim. The claim shall be adjudged according to the legal regulations in force on the date of commencement of benefits.
It shall be attached to the proof of claim form:
- the death certificate of the deceased rightholder or the court ruling declaring the rightholder dead or missing;
- the fully enforceable acknowledgement of paternity by the guardian authority (it can be any government office or district office);
- the birth certificate of the pension claimant;
- the certificate of the service time by the employer (it shall mean that certification which is issued by the employer to certify the existence of employment relationship. It also certify the time when the employee was in the employment relationship with the employer and out of his/her wages the pension contributions were paid by the employer.);
- In case of private entrepreneurship, those certifications which are available on the register of pension insurance administration agencies (These can be queried from the customer site ,,Ügyfélkapu”.);
It shall be considered as service time the period of the insurance relationship after 31th December 1997. Furthermore pursuant to the Government Decree 168/1997 (X.6.) Korm. on implementation of Act LXXXI of 1997 on Social Security Pension Benefits Sec. 29 (1) the employment, public and civil servant relationships, service relationships, periods of studies in vocational training schools under scholarship or apprenticeship agreement are considered as service time too.
Pursuant to the Government Decree 168/1997 (X.6.) Korm. on implementation of Act LXXXI of 1997 on Social Security Pension Benefits Sec. 32 (1) it also shall be taken account as service time the following elements down below.
(1) The following periods shall be recognized as service time:
a) when receiving sick-pay (benefits while on sick leave), benefits for accident-related injuries or compensation aid, pregnancy-maternity benefits, medical treatment allowance, temporary invalidity benefits and temporary invalidity allowance;
b) when on maternity leave; and
c) when receiving child-care benefits or child-care allowance.
(2) Service time shall also include periods of hospitalization if admitted during the service time or within thirty days subsequently. One year additional service time (two years in connection with tuberculosis) may be recognized on the grounds of hospitalization after the insurance was terminated or after any other service time acquired on other grounds.
It must also be attached:
- those judicial decisions which were made within 6 months in case of the orphan’s up to 50 percent disability or rehabilitation benefit in connection with his/her health status. In lack of this, the orphan’s documents which are related to the health status of the orphan, if the orphan requesting orphan’s benefits relating to he/she is a person with reduced ability to work.
- the school attendance certification in case of the orphan’s over sixteen years of age.
The proof of claim is valid with signature only, in lack of this, it will not be considered.
The place of the filing of the proof of claim.
As of 1 November 2017, the Central Administration of National Pension Insurance (ONYF) merged into the Hungarian State Treasury (MÁK). The proof of claim shall be submitted or sent to the competent Pension Payment Directorate of the Hungarian National Treasury or pension insurance administration agencies of the claimant’s (applicant’s) place of residence.
The pension insurance administration agencies.
The Government Decree 168/1997 (X.6.) Korm. on implementation of Act LXXXI of 1997 on Social Security Pension Benefits Sec. 1 lists the pension insurance administration agencies:
(1) The Government appoints the following bodies to function as pension insurance administration agencies:
a) the district (Budapest district) offices provided for in Annex 1 of Budapest and county government agencies (hereinafter referred to as “district office”);
b) Budapest and county government agencies, with the exception of the Pest County Government Agency (hereinafter referred to as “government agency”);
c) the Magyar Államkincstár (Hungarian State Treasury) (hereinafter referred to as “Treasury”) Nyugdíjfolyósító Igazgatóság (Pension Payment Directorate) (hereinafter referred to as “Pension Payment Directorate”);
d) the central body of the Treasury (hereinafter referred to as “Head Office”).
(2) The Government appoints the Pension Payment Administration to function as the pension pay-out agency.
(3) The Government delegates the Head Office to function as the central pension insurance agency.
According to the Government Decree 168/1997 (X.6.) Korm. on implementation of Act LXXXI of 1997 on Social Security Pension Benefits Sec. 2 (1) the district offices shall function as a general pension assessment bodies. Unless otherwise provided for by law, the competence of general pension assessment bodies shall cover the areas specified in Annex 1.
District VIII Branch of the Government Agency of the City of Budapest acting as the general pension assessment body for the City of Budapest and the County of Pest, responsible for the City of Budapest and the County of Pest.
Annexes related to the proof of claimant.
The Annex 3 of the Government Decree 168/1997 (X.6.) Korm. on implementation of Act LXXXI of 1997 on Social Security Pension Benefits comprise the applicable percentage of calculating for dependent’s benefits the dependent’s benefits.
The Annex 4 of the Government Decree 168/1997 (X.6.) Korm. on implementation of Act LXXXI of 1997 on Social Security Pension Benefits comprise the rules which are related to the data content of the form of the claim.
The current jurisdiction.
Unified Judicial Decision No. 2011. 2354 The claim of pension will not be expired, the lost of the right to the claim is not the legal consequence of the late enforcement nor the service dependent’s (retirement) benefits.
Curia Decision No. Mfv. 10.789/2016/14. The determining of six month retrospective claim for benefits shall be applicable only, if the claimant make statement relating to this during the official procedure.
Metropolitan Administrative and Labor Court Decision No. M.662/2012/8. During the started lawsuit against the administrative decision (resolution) on the dependent’s benefits establishes the judgement of the court, if the essential ascertainment’s of the forensic medical expert’s reports are in correspondence with each other during the official procedure.
Metropolitan Administrative and Labor Court Decision No. M.408/2011/15. If the view of point of the forensic (medical) expert diverge well reasonable from the expert’s opinion which were made in the official procedure, the secondment of the newer expert is unnecessary (for example: it is accurately marked that which disease was not taken into account during the official procedure).
Here is some information about the reorganization of the Hungarian social security system. This document was made by the Hungarian State Treasury.
Commentary on Act LXXXI of 1997 on Social Security Pension Benefits, Edited by Áron Pánczél. Budapest, Wolters Kluwer (Nagykommentár a társadalombiztosítási nyugellátásról szóló 1997. évi LXXXI. törvényhez – Szerkesztette: Pánczél Áron. Budapest, Wolters Kluwer – Jogtár)
Act LXXXI of 1997 on Social Security Pension Benefits
Act LXXX of 1997 on the Eligibility for Social Security Benefits and Private Pensions and the Funding of These Services
Act CL of 2016 on General Public Administration Procedures
Government Decree 168/1997 (X.6.) Korm. on implementation of Act LXXXI of 1997 on Social Security Pension Benefits