He Subsidy for over 52 years It is an unemployment benefit that the Public State Employment Service (SEPE) grants the unemployed older of said age to charge indefinitely until they find work or reach the retirement age. In addition, it is the only subsidy that lies for retirement, so to access this among the general requirements, in addition, all the requirements to collect a retirement tax pension must be met, except for the requirement to meet the ordinary age retirement.
Among the requirements is also to demonstrate a lack of income and that is where the doubt arises. What income is taken into account to collect the subsidy? And on the other hand,The compensation for dismissal is taken into account when calculating that lack of income?
According to article 275 of the General Social Security Law (LGSS), in order to access any unemployment subsidy, the applicant cannot have income of more than 75% of the minimum interprofessional salary (SMI). At present, this is equivalent to 850.50 euros per month. In this calculation, all the income of the interested party is taken into account, except for some exceptions as explained by the regulations.
The compensation for dismissal will not be taken into account when calculating the income limit to access the subsidy for over 52 years. This is also explained by the SEPE on its website where it says that the amount corresponding to legal compensation for the termination of the employment contract will not be considered rent, regardless of whether the payment is made at once or in a fractional manner. Therefore, it will not be taken into account to ask for the subsidy for over 52 years.
But sometimes, the public employment service has denied it when the compensation for dismissal is paid in installments, that is, little by little, which has taken this issue to the Supreme Court.
The Supreme Court establishes jurisprudence
The Supreme Court dictates judgment and establishes that charging compensation for Blood dismissal does not prevent, at the same time, any unemployment benefit including subsidy for over 52 years. Thus and according to the STS 694/2023 judgment, the SEPE had denied the possibility of combining both income to a 52 -year -old worker, since he understood compensation as an income for the purpose of receiving the subsidy.
Given this situation, the high organ establishes that, regardless of the amount charged by the worker for compensation for dismissal, it cannot be computed as an income when accessing the unemployment subsidy. Moreover, it clarifies that the amount does not matter, Regardless of that he receives it in installments or that he receives it through an insurance policy Subscribed by the company, as in this case, since this does not imply that the nature of said compensation changes.
Therefore, the limit of 75% of the minimum wage should not be taken into account if it charges compensation, as it would often prevent access to the unemployment subsidy, so it should not be computed as rent.