A woman must return 12,706.87 euros to Social Security for having charged the widowhood pension for more than two years, since there was another wife, which was 100% of the benefit, as collected by the judgment of the Superior Court of Justice of Andalusia. The National Social Security Institute granted him the pension, but later he was annulled by a final sentence, which gave the other widow full pension, so, not having the right, he was claimed by the amounts charged unduly.
The conflict begins when Zaira requests the widow’s pension to social security after his ex-husband, with whom it was the first marriage, which lasted 20 years (1968-1988). Social Security was recognized in 2016, being calculated in proportion to the time of coexistence, since the deceased (deceased) was later in second nuptials with Eloísa.
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During that time, both widows were charging the widowhood pension proportionally, until a firm sentence (very important and key in this case) recognizes Eloísa the right to collect 100% of the widowhood pension. After the judicial resolution and not being entitled Zaira to this, Social Security proceeded to claim the amounts charged unduly, being an initial amount of 16,869.68 euros, as regulated by article 55 of the General Social Security Law.
Not being satisfied and after exhausting the administrative route after several claims, Zaira decided to go to court to explain that he had to return this money.
Pension distribution when there are two beneficiaries
In the Courts, both in the first instance, in the Social Court number 5 of Córdoba, and later before the Superior Court of Justice of Andalusia they gave the reason to Social Security. Zaira claimed that she should not return the money, since she acted good while social security explained, that Eloísa, having 100% of the widow’s pension, this was not entitled and, therefore, had to return the money charged unduly.
Now, although the court set the debt at 16,869.68 euros, the Andalusia TSJ reduced the amount to 12,706.87 euros, by excluding non -justified interest and surcharges. Both courts explained and agreed that the existence of a final sentence that recognizes 100% to another beneficiary eliminates the possibility of distribution and forces to return what is charged without the right.
What does the law say when there are two wives with the right to widow’s pension
Article 55 of the General Social Security Law (it can be consulted in this BOE) explains that if a person has unduly charged a benefit, it must be returned must reintegrate its amount, even when the error is attributable to the administration itself. In its first section it explains the obligation to return, while the second only allows to exempt third parties from this responsibility that have facilitated the improper collection if they prove their good faith, but does not free the direct beneficiary of returning the money.
In addition, the third section sets a four -year prescription period to demand the return, counted since the amount was charged or since it could be claimed.
Thus, in the case of this widow, the Superior Court of Justice of Andalusia recalls that, although it is not questioned that it acted in good faith when requesting and collecting the pension, the law does not contemplate that good faith as a cause to avoid the reimbursement.