Precedent ruling from the Constitutional Court: Pensions of those living with their ex-spouses can be cut

The Constitutional Court (AYM) has rejected a request to annul a regulation that mandates the termination of income and pensions granted to spouses and children found to be living with their ex-spouses, as well as the recovery of previously paid amounts.

According to the decision published in the Official Gazette, the application was made within the scope of a case heard by the Istanbul Anatolian 21st Labor Court. The court requested the annulment of the provision in the second paragraph of Article 56 of the Social Insurance and General Health Insurance Law No. 5510, arguing that it was unconstitutional.

The paragraph in question states: "The income and pensions granted to spouses and children who are determined to be living with their ex-spouse, despite having divorced, shall be terminated. The amounts paid to these individuals shall be recovered in accordance with the provisions of Article 96."

In the annulment request, it was argued that if the Social Security Institution conducts an incomplete investigation, requiring courts to carry out the necessary investigation effectively places the judiciary in the position of the administration. It was further claimed that the regulation constitutes an interference with the right to respect for private life.

AYM: THE RULE IS CLEAR AND DEFINITE

Evaluating the application, the AYM ruled that the regulation is not unconstitutional. The decision stated that the circumstances under which the income and pensions granted to spouses and children will be terminated are regulated in a clear and unambiguous manner.

The High Court emphasized that there is no uncertainty regarding the procedures and principles for the recovery of paid amounts. The decision stated, "It has been concluded that the limitation imposed on the right to property meets the requirement of legality."

In its decision, the AYM stated that the granting of income or pensions to divorced spouses and children aims to ensure the social security of beneficiaries who are deprived of spousal support. However, it was noted that individuals who continue to live with their ex-spouses are not, in fact, deprived of this support.

The decision stated that for these individuals, the termination of pensions serves the purpose of "preventing the abuse of rights" and ensuring the efficient use of public resources in the social security system. The AYM assessed that the regulation serves a legitimate purpose regarding the sustainability of the social security system.