The Superior Court of Justice of Madrid has confirmed has proved the community of Madrid to claim 9,668 euros to a retiree who received a non -contributory retirement pensionafter determining that He lived with his daughter and that family income exceeded the legal limit. Justice considers that, by forming an economic unit of coexistence, the economic resources of both had to be computed together, which caused the beneficiary now not to meet the requirements to continue charging the benefit in its entirety, that is, that it will perceive only a part.
As explained by the sentence, in 2017, the Community of Madrid granted this retirement the non -contributory retirement pension, with the Integrant. Subsequently, he decided to move to his daughter’s house, a key action since I do not communicate it to the Community of Madrid, being a variation in the income level, number of members of the coexistence unit.
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After several years charging the benefit, in 2022, the Community of Madrid makes a review of the pensioner’s income. In this review it was detected that Income from the plaintiff and her daughter exceeded the permitted limit to receive the pension in its entirety. Therefore, the community decided to adjust the amount to 105.35 euros per month.
The retiree was not satisfied, since the amount is at a minimum of 25% (it is the minimum that can be charged with non -contributory pension), so she put a claim to the Community of Madrid. After the claim, in February 2023, the administration partially estimated the claim and decided to increase the pension to the maximum amount of 484.61 euros per month Since January 2023, but confirmed that the plaintiff I had to return 9,668.85 euros corresponding undue collections between January 2021 and November 2022.
Exceeded the income limit
In the first instance, the Social Court No. 1 of Móstoles, the retired attempt Prove that he didn’t really live with his daughter and that, therefore, their income should not join their own to determine the right to non -contributory pension. To do this, he showed evidence such as registration or income statements.
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In spite of this, the Court discourages the claim on March 27, 2024, considering that there was coexistence and that family income exceeded the permitted limit, thus confirming the obligation to return 9,668.85 euros.
Not conforming, he decided to present an appeal for supplication before the Superior Court of Justice of Madrid (TSJM), insisting that his daughter did not really live with her and that the assessment of the evidence carried out by the Móstoles Court had been incorrect. Even so, the TSJ once again confirmed the previous sentence and the obligation to return this amount of money, but with the proviso that may continue to receive the full amount, which by this 2025 is set at 564.70 euros.
The non -contributory pension does not have a fixed amount
In this case, the retiree must return part of the pension because He did not communicate a change in his coexistence unit. On the Imserso website they explain that any variation in coexistence, marital status, residence or economic resources, both own and family members, must be communicated within 30 days. If not reported within the established period, the Management Administration (in this case, the Community of Madrid) can request the return of the amounts charged unduly.
In case of communicating the change within the deadline, the management unit may temporarily reduce or suspend the benefit, depending on whether the requirements are still met. This is because non -contributory pensions do not have a fixed amount, but vary depending on the income and number of members that make up the coexistence unit.
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