A man will have to return 19,962.60 euros to Social Security after collecting the benefit for a dependent child with a disability for four years, despite the fact that this aid was already collected in an integrated manner in his orphan’s pension. The Superior Court of Justice of Murcia agrees with Social Security, understanding that it had collected it twice and, furthermore, that when requesting the benefit again, it did not show that it was already being collected.
According to the ruling, this man received the orphan’s pension after the death of his father in 2004 and that same benefit already included a supplement for an adult disabled dependent child, upon meeting the age and disability requirements of more than 65%. For this reason, Social Security paid him the pension increased with that supplement.
Now, the conflict comes in January 2012, when his mother again requests the benefit for a dependent child over 18 years of age with a disability greater than 65%, which was approved by Social Security on February 2, 2012. In this way, this same beneficiary received the same pension twice, once within the orphan’s pension and another as an independent benefit.
The situation continued until 2023 when Social Security reviewed the situation and became aware of this fact, which is why it claimed the amounts improperly collected. First, it reported a debt of 19,182.80 euros, although later, when going to court to review the act declaring rights, it set the amount to be returned at 19,962.60 euros. In the first instance, the Social Court number 5 of Murcia said that he should not return anything, since the deadline to claim the debt had expired.
The TSJ appreciates a relevant omission
Social Security appealed and the Superior Court of Justice of Murcia ruled in favor again, but this time to the INSS. The Chamber recalls that the four-year period of article 146 of the LRJS does not apply when the review is motivated by omissions or inaccuracies in the beneficiary’s declarations. And that is precisely what is appreciated in this case, since when requesting the benefit in 2012 it was not reported that this aid was already being collected within the orphan’s pension.
The court also clarifies that one thing is the period to review the recognition of the benefit and another is the period to claim reimbursement. For this reason, although the 2012 resolution can be annulled despite the time that has passed, the financial refund is limited to the four years prior to the review, in accordance with article 55.3 of the General Social Security Law.
Furthermore, the Court ruled out applying the Cakarevic doctrine of the European Court of Human Rights. In his opinion, this is not a simple error exclusive to the Administration, but rather a benefit improperly recognized because the beneficiary was already a recipient of that pension and requested it again, something that he considers contrary to good faith and detrimental to public coffers.
In short, the TSJ of Murcia revokes the previous sentence, annuls the INSS resolution of February 2, 2012 and orders the beneficiary to return 19,962.60 euros, in addition to the amounts that remain owed until the sentence is handed down.