The Superior Court of Justice of Madrid gives the reason to the Public State Employment Service (SEPE) and forces an unemployed to return 9,130.29 euros for improper charges for having received an inheritance while the beneficiary was Subsidy for over 52 years. The reason exactly was the omission of the communication of this inheritance received, whose value exceeded the allowance limit allowed to access the subsidy, as established in article 25.3 of the Law of Infractions and Sanctions in the Social Order (smooth).
The plaintiff requested the unemployment subsidy for over 52 years, which was granted until he found employment or reached the ordinary retirement age, set in 2031, as detailed by the sentence. After several months perceiving it, he requested his renewal by continuing to meet the requirements. The SEPE approved the resumption of the subsidy after the request submitted by the plaintiff, maintaining the same duration and economic conditions.
Although everything was normal, the SEPE detected an irregularity when reviewing the beneficiary’s income. In September 2020, the plaintiff along with his two brothers, They received an inheritance from their mother, valued at 188,169.74 euroswhich corresponded 62,723.25 euros. Despite the one who was obliged to inform the SEPE of any change in the economic situation, he did not.
The SEPE when learning of the Inheritance received and that it exceeded the income limit allowed to receive the subsidy, which we remember is set at 75% of the minimum interprofessional salary (SMI), proceeded to extinction of the subsidy and the obligation to return 9,130.29 euros unduly charged. Not satisfied, the unemployed sued the Sepe before the Social Court.
The Court confirms the sanction and return of the subsidy
The Social Court number 33 of Madrid gave the right, explaining that its conduct fit into a serious infraction according to article 25.3 of the Law of Infractions and Sanctions in the Social Order (smooth). The court determined that the plaintiff deliberately hid the inheritance received to continue charging the subsidy and manifest before the SEPE that his economic situation was “agonizing“, When in reality he had perceived a fairly high economic heritage.
Despite this decision, the unemployed appealed the judgment in supplication before the Superior Court of Justice of Madrid (TSJM), explaining that the inheritance received should not be computed as income, in addition to its intention was not to defraud. Even so, the court rejected these arguments and confirmed the resolution of the SEPE. The sentence explains that, according to the jurisprudence of the Supreme Court, Inherited heritage should be considered for subsidy, applying an alleged performance of 100% of the legal interest of the current money on the value of the goods received.
The TSJM explains that adding the income of the inheritance, these clearly exceeded the allowed income threshold to collect the subsidy for over 52 years, so he was obliged to communicate it. Not having done it, the sanction imposed by the SEPE was Correct and adjusted to law.
Forced to return 9,130 euros
The plaintiff tried to claim that the sanction was disproportionate and that he should only suspend the subsidy for a year instead, to complete A very serious sanction. In addition, he added that it was not proven that the return of the amount would place it in a situation of extreme vulnerability, a key requirement to apply the doctrine of the European Court of Human Rights (ECHR) in similar cases.
Therefore, the Superior Court of Justice of Madrid dismissed the appeal and confirmed the obligation to return the 9,130.29 euros charged improperly. In this case, the plaintiff wanted the subsidy to be suspended for a year, something that would have achieved if he had informed the Sepe. When presenting the annual income statement (procedure that must be carried out once a year), the SEPE would have paralyzed the benefit for a year. However, not doing so and hide it, this resulted in a very serious sanction that entails the extinction of the subsidy, that is to say, You can no longer collect the subsidy for over 52 years.