مباني و آثار منع هم پوشاني تعهدات بيمه هاي اجتماعي

Bases and Legal Effects of illegality of Overlapping Benefits in Social Insurance

Social insurance, as result of economic and social development of Europe in 19th century, has found its way to our country since nearly fifty years ago and consequently has brought its rules along. Calamity of such rules which have not a native origin is absence of enough knowledge about its basis and absence of enough effort to find them. In the meantime social security law due to lack of a suitable situation in law faculties is more ignored. Practice of numerous social security institutions in solving brevity and ambiguity of laws, judgments of administrative justice court, governmental regulations and even the laws which make some exceptions at body of borrowed rules, all are signs of such a fact. Overlapping of social insurance benefits is one of the phenomena which there are about it only a few ambiguous rules and finding correct solutions is not possible except by realizing the bases of social security law. My aim in this article is to present basic criteria for distinguishing applicability of overlapping benefits. Utility of full knowledge about these criteria is a correct interpretation of laws by those who involved in the administration, including ministry of welfare and social security and institutions which presents social security services directly. Although making new bills according to these criteria is possible also.