The Supreme Court has ruled in favor of a Passive Class retiree so that he can collect the maternity supplement in his pension, even though the other parent already received it. The Social Security had denied it, since according to the regulations only one of the two parents can collect it, but after reaching the High Court, it established that both parents have the right to this aid simultaneously.
As explained by the sentence to which he has had access NewsWorkthe retiree began collecting the retirement pension on April 1, 2020 and, a few months later, requested the maternity supplement. The Social Security denied it, explaining that the other parent had already recognized this supplement and that article 60 of the General Social Security Law did not allow that both parents could collect it at the same time.
The pensioner, as he was not satisfied, went to court and both in the first instance and later the Superior Court of Justice of Madrid did not agree with him. The latter argued that the law does not establish “the right to a second supplement.”
The supplement can be collected by both parents simultaneously
The retiree decided to take his case to the Supreme Court, explaining that the Social Security decision was restrictive, violated the principle of equality and deviated from the doctrine issued by the Court of Justice of the European Union (CJEU) in 2019, which prohibited excluding men from the right to this supplement based exclusively on their sex.
The Supreme Court agreed with him, establishing doctrine for pensions caused between January 1, 2016 and February 3, 2021. The High Court explained that the initial configuration of this supplement in the law was “individual”, that is, designed for a single parent, “but not unitary, since the legislator did not consider at any time that both parents would fall within its scope of application.” Therefore, rejecting the father’s request based solely on the fact that the mother already receives it means that “discrimination on the basis of sex is being incurred.”
The ruling explains that “the maternity supplement (…) can be enjoyed by both parents simultaneously, when the requirements established in that additional provision are met.” The magistrates add that, given the legal vacuum for these cases of duality and in order not to affect already recognized rights, “the only valid alternative is to recognize the right of the other parent, when both have the right to the complement.”
For this reason, the Supreme Court upheld the appeal, annulled the previous resolution and recognized the plaintiff’s right to receive the supplement at a percentage of 5%. In addition, he ordered payment with “retroactive effect from April 1, 2020,” the date of his retirement, adding the “corresponding legal interest.” This decision establishes a fundamental jurisprudence that directly benefits men excluded by the Administration simply because their partner already received aid.
Regarding this sentence, it must be added that it is not the only one and, in fact, there is a previous ruling. On this matter, Alfonso Muñoz, a Social Security official, explains that as a result of the ruling recorded by the Court of Justice of the European Union, (with numbers C-623/23 and C-626/23) Social Security published Management Criterion 12/2025 (can be consulted at this INSS link) with which it adapts its recognition to European regulations and eliminates the limitations that until now were imposed on men.