The right to claim the return of social insurance benefits is the right to claim the return of unjust enrichment under public law exercised by the social insurance agency in the form of an administrative decision.The subject of its power is the handling agency,the subject of obligation is the beneficiary,and the object of return is the social insurance benefits enjoyed without legal basis.The requirements for establishment include the existence of a social insurance payment relationship and the lack of legal basis for the social insurance benefits enjoyed.After the handling agency makes an administrative decision to order the return,if the beneficiary does not file an administrative reconsideration or administrative lawsuit and fails to perform the obligation to return,the handling agency may apply to the court for compulsory enforcement.Operationally,if the handling agency orders the return of the social insurance benefits enjoyed in excess of the amount,the three-level review method can be applied to determine the way to achieve it.
关键词
社会保险待遇/社会保险经办/社会保险法
Key words
social insurance benefits/social insurance agency/Social Insurance Law
维普
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