A woman must return 30,910.01 euros to Social Security for having charged the widow’s pension for almost four years, since another beneficiary had 100% of the benefit, since this is collected by a judgment of the Superior Court of Justice of Madrid. Apparently, the National Social Security Institute approved the benefit, but later they were annulled, since a firm sentence recognized the totality of the benefit to the other widow, so that, not having the right, the Social Security was claimed by the amounts charged unduly.
After the death of her ex -partner, the woman, Soledad, requested the widowhood pension to Social Security, which was recognized and assigning 60% of the benefit, while the remaining 40% was destined for the other wife, Carla. In this way, he began to collect the pension since October 2017 with total normality, since it was a recognition for the same social security and it was understood that it was valid at that time.
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But, this situation changed after a sentence of May 2020, in which the Superior Court of Justice of the Basque Country completely modified the distribution of the pension. In this, it was agreed to “leave the pension recognition in favor of solitude in co -participation and recognize the right of the plaintiff to the full widow’s pension.” That is, the other widow was entitled to 100% of the benefit and the first should never have charged it.
In this way, Social Security proceeded to annul the recognition of the pension and request this widow to return all amounts charged improperly. According to the Judgment of the TSJ of Madrid, “the appellant should never have received the pension, as it corresponded in its entirety to the other beneficiary”, so it was required to return 30,910.01 euros charged between October 2017 and June 2021.
The widow, understanding that it had not been of bad faith and that the error was of social security decided to go to court to try to limit the return only to what was perceived after the notification of the sentence.
He never had the right to widow’s pension
In the Superior Court of Justice of Madrid, he had to decide whether the woman had to return the entire charged or only received since the notification of the Judgment of the TSJ of the Basque Country. The appellant claimed that “the sentence of May 13, 2020 does not collect any pronouncement on the retroactive scope, only its revocation”, and that, consequently, it only corresponded to reintegrate what was charged as of April 22, 2021, date on which the ruling was notified.
For its part, Social Security claimed that the judicial resolution was clear and that when the other beneficiary is recognized 100% of the benefit, the appellant never had the right to receive the pension. The court said that “the current appellant should never have perceived her to correspond in its entirety ab initio to Carla.” With this interpretation, the court refused to limit the return and confirmed the full reimbursement of the 30,910.01 euros.
In addition, the TSJ of Madrid explained that it was not possible to accommodate the claim of the woman to maintain the pension until the notification of the ruling of the Basque Country, since “the declaration of leaving without effect the recognition of a pension in favor of solitude in co -participation” cannot be understood. To understand it, that the cancellation of the law was total and from the beginning, which made it impossible to apply a partial retroactivity criterion.