He Son complement to the pensionalso called the complement to reduce the gender gap, it is a amount that adds to the contributory pension and is destined to compensate those who saw their work career more harmful for the care of the children. This has been declared discriminatory according to the last judgment of the Court of Justice of the European Union (TJUE). The reason is that, the fact of imposing additional conditions to men to access the complement violates equal treatment and constitutes discrimination due to sex.
Following this ruling issued on May 15, 2025 (with number C-623/23 and C-626/23), the National Social Security Institute (INSS) has published the 12/2025 management criteria (You can consult this INSS link), with which it adapts its recognition to European regulations and eliminates the limitations that until now were imposed on men.
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In this sense, Alfonso Muñoz Cuenca, Social Security officer, explained what happens and summarizes it: “Do you have denied your child complement to your pension? As you ask for an appointment with Social Security and request again. The INSS has adapted its recognition to the European Directive.”
Of maternity complement to gender gap complement
The origin of this complement dates back to 2016 with the so -called maternity complement, which was initially granted only to women. But, after a European sentence, pensioners between 2016 and 2021 were able to claim it.
Subsequently, since February 4, 2021, the complement to reduce the gender gap, theoretically applicable to both men and women, but with additional requirements for them, since they had to demonstrate an interruption or affectation in the professional career after the birth or adoption of the children.
In this sense, the TJUE has considered that this difference is contrary to the principle of equality, which has motivated the issuance of the new social security criteria. According to Muñoz, “all those men who would have recognized the pension as of February 4, 2021 and would have denied the complement by child can request it again.”
What does the new criterion imply
With the new instruction, men no longer have to prove the additional requirements. The complement is governed by a unified criterion: the parent will be granted that perceives the pension of less amount, regardless of whether it is a man or woman.
The 12/2025 management criteria also establishes that:
- If the pension is prior to May 15, 2025, the economic effects are rolled back to the initial date of the pension.
- If subsequent, the general retroactivity of article 53 of the LGSS will be applied.
- The change also affects the beneficiaries of passive classes of the State.
The official himself emphasizes the economic effects: “that is, you will be paid arrears from the recognition of your pension.”
Who can benefit and amount to 2025
According to the Social securitythey can request the complement:
- Men and women with retirement tax pension (except the partial), permanent disability or widowhood since February 4, 2021, who have one or more children.
- The amount in 2025 amounts to 35.90 euros per month per child, with a maximum of four, and is paid in 14 payments.
| Number of children | Monthly amount | Annual amount |
|---|---|---|
| 1 | € 35.90 | € 502.60 |
| 2 | € 71.80 | € 1.005.20 |
| 3 | € 107.70 | € 1,507.80 |
| 4 | € 143.60 | € 2,010.40 |
Keep in mind that this complement is not taken into account in the application of the maximum limit of contributory pensions or to determine the complement for pensions lower than the minimum.
The application can be made:
- At the Social Security Electronic Headquarters, through your Social Security with Digital Certificate, DNIE or CL@VE.
- In person, in the CAISS with previous appointment.
- In the case of sea workers, at the Social Institute of the Navy.
Alfonso Muñoz insists on his recommendation: “If you are one of those affected, ask for an appointment in Social Security and request again this right.”