The Supreme Court has confirmed that permanent disability pensioners can access the subsidy for those over 52 years of age, thus correcting the criteria that until now applied by the State Public Employment Service (SEPE). According to lawyer Miriam Ruiz Acosta, creator of the channel, Legal Commitmentthis ruling, handed down on October 14, 2025, “changes everything.”
To date, the SEPE had been demanding that workers with a permanent disability recognized will prove at least 15 years of contributions after the recognition of the pension. Now, the Supreme Court clarifies that it does not matter whether those 15 years have been contributed before or after obtaining disability, as long as the rest of the legal requirements are met.
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“It is enough to have 15 years of contributions, even if they were prior to becoming disabled”
The lawyer explains that with this new doctrine, pensioners with a permanent disability can access the subsidy for those over 52 years of age, but they must meet certain requirements. These are having 15 years of contributions, regardless of whether those years were done before or after the recognition of the disability.
On the other hand, you must demonstrate a minimum of 90 days of unemployment contributions after having obtained permanent disability and being legally unemployed, that is, having lost your job involuntarily. Finally, do not exceed 75% of the Minimum Interprofessional Wage, which in 2025 is 888 euros.
This last point is important, since if the disability pension exceeds that threshold, the beneficiary will not be able to access the subsidy, unless he or she renounces the benefit. complement to minimumswhich is the difference between the amount and the minimum pension. If you do so, and remain below the limit, you could request it.
The subsidy contributes towards retirement
The lawyer explains that this subsidy “can be very interesting for pensioners with low pensions”, because while it is collected, contributions are made for retirement. This improves the future contributory retirement pension, a key advantage for those who remain outside the labor market for years.
In the event that the SEPE, under these circumstances, denies the subsidy for those over 52 years of age (for continuing to rely on the previous regulations), it recommends resorting to this resolution (available at this link). This ruling opens the door to claim the subsidy that was not previously recognized,” says the lawyer.
What the Supreme Court ruling says
The ruling STS 4602/2025 refers to how article 274.4 of the General Social Security Law should be understood, which regulates the requirements to access unemployment benefits. The High Court understands that it is not possible to distinguish between contributions before or after disability, and that doing so would imply discrimination contrary to the principle of equality.
This ruling explains that the requirement is to prove 15 years of effective contributions, regardless of how it was achieved throughout one’s working life, as long as the applicant maintains registration as a job seeker and meets the income limits. In this way, the Supreme Court unifies doctrine and sets a precedent that will force the SEPE to modify its interpretation.
This change benefits those people who became permanently disabled after years of contributions and who, due to their medical situation, were unable to return to work. With the new interpretation, they are no longer penalized for not having contributed after the pension was recognized.
Finally, Ruiz explains that “if you have a recognized permanent disability and meet the requirements, you can request the subsidy. And if they deny it, appeal, because the Supreme Court has already confirmed it.”