The complement to reduce gender gap or better known in pensions as a child complement that until now could only be requested by one of the two pensioners and that if a man requested it, he was requested more requirements, after the judgment of the Supreme Court and the Court of Justice of the European Union. Now, the high court establishes that the two retirees may request it if it meets the requirements and that more requirements can be demanded from men, since that would be discriminatory.
In this sense, the lawyer Andrés Millán has put a real case and for which thousands of retirees, widows and pensioners with a disability can request this complement to his pension. In a video posted on social networks, he explains that many men have been discriminated against by the administration, which gives them the right to claim amounts that in some cases exceed 40,000 euros.
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The origin is in the pronouncement of the Court of Justice of the European Union (TJUE) of 2019, which declared discriminatory that the maternity complement was granted only to women. Since then, both the TJUE and the Supreme Court have reinforced this doctrine, forcing Social Security to recognize this plus also to men on equal terms.
What to do to access this complement?
Millán clearly explains the requirements that must be met:
- Be a man and have been a father. It is enough to have one or more children if the pension was caused from February 2021, or two or more if it was accessed between January 2016 and that date.
- Charge a retirement tax pension (ordinary or anticipated), permanent disability or widowhood.
- Be within the key dates. Those who began to collect their pension between January 2016 and February 3, 2021 may claim with two or more children; From February 4, 2021 onwards, just have one.
The lawyer remembers that it does not matter if the mother is already receiving this complement: “You can charge both at the same time. Many people believe no, but,” he emphasizes, in line with the recently dictated by the Supreme Court.
What can be claimed if the requirements are met?
The advantages are double: a monthly increase in life and the return of what was not perceived at the time. On the one hand, the complement is a fixed increase in the pension, which can reach up to 120 euros per month according to the number of children recognized (with a maximum of four). On the other, the Administration is obliged to pay the amounts ceased to receive from the date the pension was recognized. In the case shared by the lawyer, a retiree has recovered 46,600 euros gross, from which after fiscal retention has received 39,440 euros.
In addition, when Social Security rejects these requests and it is necessary to go to court, a compensation of 1,800 euros may also be claimed for damages, something that reinforces the convenience of initiating the procedure.
| 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 |
An open route after European and Supreme Judgments
The resolutions of the TJUE and the Supreme Court have clear the way for men to claim the complement without additional requirements that were previously imposed, such as proving labor interruptions or contribution reductions. The doctrine is clear: it is a direct discrimination due to sex.
Therefore, more and more retired are resorting to this route to recover what they consider. Millán’s message is resounding: “If you are a man, you have children and charge a contributory pension since 2016, the administration owes you money. Reclacá it.”