Social security pensions and social benefits cannot be subject to seizure. It is a reflection of the social state principle.
Benefits Not Subject to Seizure
- Pension (5510 SK art. 93)
- Disabled pension (2022 SK)
- Home care allowance
- Veteran/martyr's pension (5434 and 3713)
- Former convicts pension
- Orphan/widow's pension
- Minimum subsistence pension
Exceptions
- Alimony debt (TMK)
- SGK own receivables (undue payment)
- Some public receivables
Practical Problem: Bank Account
The bank account to which social aid is deposited If it is seized, the person may request the removal of the seizure by complaining to the enforcement court.
Supreme Court 12. HD
12. HD accepts that when it is proven that social assistance accounts were "deposited for social security purposes", the lien should be removed immediately, but the amounts accumulated and converted into savings accounts will be evaluated differently.
Practical Tips
- Keep the social assistance account separate
- Do not make automatic transfers (to the savings account)
- Keep bank statements (providing the source of assistance proof)
Enforcement/SGK lawyer recommended.