A retiree who charges a non -contributing pension must return 3,057.60 euros and will reduce its 25% benefit after the Superior Court of Justice of Andalusia confirmed that the Junta de Andalucía acted correctly by computing as rent the profit obtained by the sale of a farm inherited by 12,500 euros. In this way, the woman unduly charged the pension for a superior amount to the one that corresponded.
Apparently, this woman charged the non -contributing pension since 2018, but in 2019 the Junta de Andalucía reviewed her and realized that the retiree had sold with her brothers an inherited farm for 50,000 euros, of which she corresponded to her 12,500. As non -contributory pensions are conditioned not to exceed certain revenue limits, the administration understood that this gain had to be computed as rent and reduced its 25%pension, claiming 3,057.60 euros for improper charges.
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As he was not satisfied, since he understood that the inheritance should not compute, he filed a previous claim that was partially estimated, that is, that the amount of the debt was corrected and his pension was restored as of January 2020, although the obligation to reintegrate what was unduly perceived during 2019 was maintained during 2019. Disconfecting with this decision, he decided to go to the courts.
Improperly charged the pension
Although the Social Court No. 10 of Seville proved the pensioner right, the Administration filed an appeal to the Superior Court of Justice of Andalusia that revoked this judgment, estimating that the action of the administration was correct.
The TSJ explained that the sale of the farm generated a surplus value of 5,345.13 euros resulting from subtracting the amount received (€ 12,500) the proportional cadastral value (€ 7,154.87), and that this gain constitutes a computable income according to the regulations of non -contributory pensions. Therefore, he revoked the judgment of the court and gave the reason to the Board.
Inheritance income computes in the non -contributory pension
The key to the sentence is that non -contributory pensions are assistance benefits aimed at people with low resources and, for that same reason, any patrimonial increase derived from the sale of inherited goods must be computed as income.
The court recalls that what is valued is not the inheritance itself, nor the full amount of the sale, but the surplus value obtained with the operation. That benefit, even if punctual, adds to the income of the beneficiary and can cause the pension for a while or even claimed the return of amounts already perceived.
In this case, the TSJ of Andalusia confirms that the temporal reduction of the pension to 25% and the return of 3,057.60 euros were measures adjusted to law.