Pensie de urmaş. Minor fără capacitate de exerciţiu. Lipsa reprezentantului legal. Întrerupere termen

Survivor's pension. Minor without capacity for exercise. Lack of legal representative. Interruption of term

Abstract

The appellant made a rigid interpretation and application of the rule relied on, without also taking into account the fact that, until the establishment of the guardianship, it was not possible to make an application under Article 103 of Law No 263/2010. Therefore, the failure to comply with the 30-day time limit after the death of the parent was not due to the passivity of the pension beneficiary, but to the fact that the minor did not have a legal representative.

Establishment of the 30-day time limit, by Art. 104 para. (3) letter c) of Law no. 263/2010, aims at sanctioning the passivity of the beneficiary of the pension, however, in this case, such a situation cannot be retained, as the application was made by the legal representative of the minor as soon as he was able...