Another case on provisions for disbursement of compensation for disablement has been initiated
The Second Panel of the Constitutional Court has initiated a case “On Compliance of Section 14 (7) and Section 20 (9) of the Law On Compulsory Social Insurance in Respect of Accidents at Work and Occupational Diseases, Section 20 (9) of the Law “On Compulsory Social Insurance in Respect of Accidents at Work and Occupational Diseases (Wording of the periof from 25 November 2004 to 16 June 2009) and Section 6 (1) of the Law “Amendmetns to the Law On Compulsory Social Insurance in Respect of Accidents at Work and Occupational Diseases” with Article 1, Article 91 and Article 109 of the Satversme of the Republic of Latvia”.
The case has been initiated having regard to an application of twenty members of the 9th Saeima. In the application, it was indicated, among the rest things, that in general the contested norms envisage fully suspending disbursement for disablement in cases if the level of disablement of a person is less than 25 percent or a person receives an unemployment benefit, as well as reducing or suspending disbursement of the compensation in cases if a person receives old-age pension or long-service pension. However disabled persons receive both, the compensation for disablement and disability pension.
Members of the Saeima ask to recognize the contested norms as non-compliant with Article 1 (Latvia is an independent democratic republic), Article 91 (All human beings in Latvia shall be equal before the law and the courts. Human rights shall be realised without discrimination of any kind.), and Article 109 (Everyone has the right to social security in old age, for work disability, for unemployment and in other cases as provided by law.) of the Satversme.
The Saeima was asked to provide, before 30 August 2010, a reply on factual circumstances of the case and legal justification thereof. The term of preparation of the case is 22 November 2010.
Linked case: 2010-45-01