To access the unemployment benefit for people over 52 years of age from the State Public Employment Service (SEPE), it is necessary to meet certain requirements, such as having contributed for a minimum of 15 years, of which at least six must be due to unemployment, and being in a situation of access to the subsidy. But what happens when, despite complying with these, the SEPE denies aid? This is what has happened to a worker who, after ending a job and subsequently meeting the contribution requirements, saw Denied subsidy for those over 52 years of age for not being legally unemployed at the time of access.
This aid is the most beneficial from the SEPE, since in addition to having an amount equivalent to 80% of the IPREM, which is currently 480 euros per month, it is collected indefinitely until you find a job or reach retirement age. In addition, this person contributes to the pension for 125% of the minimum contribution base. But why was the benefit denied?
According to the ruling to which he has had access NewsWorkthis worker submitted an application in 2019 to access unemployment benefits for those over 52 years of age, but the SEPE denied it because he did not meet the necessary requirements. The Public Employment Service explained that there were two listing dates:
- On the date of the causative event (February 23, 2016), the worker had 5,105 trading days (14 years old).
- On the date of application (June 5, 2019), he reached 5,966 days of contributions (16 years).
However, although he met the contribution requirement, he was not in a “situation of access to the subsidy.” In this sense, the SEPE explained that although at the key moment (2/23/2016) it was unemployed, it did not meet the contribution requirement, and in 2019, none of the situations provided for in article 274.4 of the LGSS, as exhaustion of unemployment benefit, to access aid.
Being legally unemployed
Faced with this situation, this worker filed a lawsuit against the SEPE and Social Security before the Social Court No. 2 of Ferrol, which initially agreed with him, that is, it recognized his right to collect the subsidy for those over 52 years.
Not satisfied, the SEPE filed an appeal before a higher court, this being the Superior Court of Justice of Galicia (TSJG). This court revoked the decision issued in the first instance and revoked the previous resolution again and agreed with the administration.
The TSJ of Galicia points out in its ruling that, although this worker accumulated 5,966 days of contributions in total (which is more than 16 years of contributions), was not in the legal situation to access the subsidy required at the time of the application, as established in article 274.4 of the General Social Security Law (LGSS). This article says that applicants must meet all the requirements to access a contributory retirement pension, except age, at the key moment of the causative event, which in this case was February 23, 2016, when a job of 184 years ended. days.
That is, on that date, he did not meet the generic grace requirement (15 years of contributions) necessary to access a contributory retirement pension. Subsequently, when he made the request in June 2019, he had already accumulated the required contribution thanks to his work life, but in this case, was not in any of the situations of access to the planned subsidysuch as the exhaustion of unemployment benefits or being unemployed with insufficient contributions.
For everything explained, the Superior Court of Justice of Galicia determined that, Although this worker complied with the years of contributions in 2019, he did not prove the legal status of access to the subsidy at the time of your request.