This case demonstrates that even if an application is submitted late, rights may not necessarily be lost if there are reasonable grounds.
Legal Principles
An insured person is entitled to receive an old-age pension when:
- Contributions have been paid for not less than 180 months.
- Reaching the full age of 55 years.
- Insured status has ended.
An application must be filed within 2 years from the date entitlement arises (however, if filed past the deadline, necessary reasons must be shown).
Facts…
The plaintiff was entitled to receive an old-age pension starting from January 2014, but did not file an application because they were advised to continue paying contributions. Consequently, they applied under Section 39 and contributed for another 60 months.
Court’s Ruling:
The Court held that the reason for the delay was reasonable and that the plaintiff had a clear intention to receive the pension. Enrolling under Section 39 was merely an addition of rights, not a waiver of rights.
Case Result:
- Granted pension from January 2014 at 2,644.40 Baht per month.
- Payments suspended during the period under Section 39 (March 2014 – February 2019).
- After exiting Section 39: Received an additional 1.5% increase for every 12 months, resulting in a new pension total of 3,636.05 Baht/month (starting from March 2019).
Key Takeaway: Filing a late application “does not immediately forfeit rights” if there are necessary reasons, and the Court may adjust rights to ensure fairness.
If such a case occurs, a lawyer can assist in advising you to:
Conduct litigation or file an appeal when rights are denied
Evaluate rights and conditions
Gather evidence in case of late submission
Plan contribution payments (Section 33 / Section 39)
