The Social Chamber of the Superior Court of Justice of Andalusia has ratified the resolution of the National Institute of the Social Security (INSS), whereby a woman must return 12,599 euros she had received for minimum vital income (IMV)after verifying that it exceeded the established income limits based on the fiscal data of the years 2019 and 2020. The Court determined that the beneficiary did not meet the economic requirements required, thus dismissing its appeal and confirming the obligation to reintegrate the amounts improperly perceived .
The benefit was granted by Social Security, which recognized the beneficiary’s right to receive the minimum vital income considering that in principle, it met the requirements. Thus, since June 1, 2020, he began receiving this help in a transitory way, replacing the benefit by son in charge he received previously. Between June 20 and October 2021, the woman He received a total of 12,599 euros as IMV.
Subsequently, the Tax Agency provided fiscal information that revealed that the computable income of its family unit exceeded the limits established to access IMV. Specifically, it was determined that in the years 2019 and 2020, the coexistence unit had received more income than allowedwhich did not meet the requirement of economic vulnerability and from there, that they requested the return of the 12,599 euros improperly received.
Upon receiving this notification, the beneficiary filed a claim to social security, claiming that His income had not changed and that, therefore, the return of the aid did not proceed. However, the INSS dismissed the claim in July 2022, maintaining the obligation to reintegrate the perceived amount. In response, the woman filed a lawsuit before the Social Court No. 14 of Malaga, requesting the revocation of the administrative decision, but the court ruled against her. Thus, the plaintiff filed an appeal for supplication, which led the case to the Superior Court of Justice of Andalusia, which finally ratified the obligation to return the money.
Did not meet the requirements
As the sentence details, the court explained that social security must Review and adjust the benefit when it detects that a beneficiary exceeds established income limits. In this case, after analyzing the fiscal data provided by the Tax Agency, it was found that the beneficiary did not meet the economic requirements to continue charging the minimum vital income.
First, the sentence is based on the Royal Decree-Law 20/2020which regulates the IMV as a benefit aimed at guaranteeing a minimum level of income to those in a situation of economic vulnerability. This regulation establishes that beneficiaries must meet a series of economic requirements both when submitting the application and during the period in which they receive the benefit. In this case, the Court determined that the annual income review, Based on the fiscal data provided by the Tax Agencyshowed that the beneficiary exceeded the allowed thresholds, which justified the suspension of the IMV and the claim of the amounts perceived unduly.
Finally, the Court reiterated that the right to social security benefits is conditioned on compliance with legal requirements, in accordance with current regulations on minimum vital income. In this case, although the plaintiff initially agreed to IMV, the subsequent review evidenced that it exceeded the allowed income limits, which justified the decision of the INSS to claim the return of the 12,599 euros received. Therefore, the Superior Court of Justice of Andalusia dismissed the appeal and confirmed the judgment of the Social Court. In this case and as stated in the regulations, Social Security requires communicating any variation in income or in the family unit.