The purpose of the publication is to pay attention to the legal and factual effects of information provided in relations between the public administration and the party to proceedings in cases of social insurance. Considerations were based on two cases conducted in administrative proceedings and then in court proceedings. In the first case, it was assumed that not every incorrect information provided by a public administration body may be considered unlawful and result in liability under civil law. In the second case, reference was made to the effects of knowingly misleading the authority paying sickness and maternity the benefits as to the facts of actual business activity.

This article refers to the issues related to the possibility of withdrawing an application for granting an old-age pension, submitted under the rules recognized by the Constitutional Tribunal as inconsistent with the Constitution of the Republic of Poland. Against the background of the facts concerning women born in 1953, selected provisions of social security law,  civil law and the law on administrative proceedings were analyzed.  This   allowed   for   the   formulation   of   a conclusion that it isn't possible to withdraw the application for a pension in a situation leading to unjustified privileging of people initially aggrieved by unconstitutional provisions.  It's  unlawful  to  demand a benefit much higher than that, which would be due to other persons applying for the benefit at the same time and in the same factual situation, only on  the basis of provisions consistent with the Constitution of the Republic of Poland.