İnönü Üniversitesi Hukuk Fakültesi Dergisi

Öz

Within the scope of the right to social security guaranteed in Article 60 of the Constitution, income and health benefits are provided by the State to the insured or beneficiaries and their dependents who face certain social risks. 60 et seq. of the Social Insurance and General Health Insurance Law No. 5510 stipulate that health benefits will be provided to the insured or beneficiaries in case certain conditions are met. On the other hand, the payments made by the Social Security Institution (SGK) without the fulfillment of the conditions required to be entitled to the aid were called inappropriate payments and were subject to refund within the scope of Article 96 of Law No. 5510. When the condition of being a general health insurance holder evaluated, a debate has arisen as to whether the payment made can be considered inappropriate in the face of the principle that everyone is considered to be a general health insurance holder. Especially if the person concerned has caused an erroneous evaluation of entitlement in bad faith, there is doubt as to whether inapprovirate payment will be made. In this paper, the issue of whether there will be inappropriate payment in general health insurance is discussed and the principles of the current Supreme Court practice on the subject are revealed.