The Ministry of Labour and Social Protection of the Population attempted to recover 13 million tenge from the widow of a resident of the Abay Region, who had allegedly been overpaid a pension supplement.
According to the press service of the Supreme Court, the 73-year-old pensioner had been receiving a pension from 2000 to 2021. When applying for his pension payments, he provided a certificate confirming his residence in an area of extreme radiation risk.
However, during a review in 2021, the information regarding his residence in this territory was only partially confirmed.
Subsequently, the authorised bodies recalculated the pension amount, determining an overpayment of 13 million tenge.
On 15 July 2021, the pensioner was served with a notice demanding the return of the overpaid sums and a decision refusing to grant pension payments. The following day, the pensioner died.
The Ministry of Labour then filed a lawsuit to recover over 13 million tenge of the overpaid pension from the widow, as the heir.
The court of first instance dismissed the claim, but the appeal overturned this decision, granting the Ministry's claim.
Later, the Civil Chamber of the Supreme Court ruled that an heir is not liable for the obligations of the deceased if no fault on their part in causing the damage is established, and upheld the decision of the court of first instance.