A divorced woman, who lives with her minor daughter and supplements her finances with an alimony of 360 euros per month, will not have to return the 4,324.35 euros of Minimum Living Income that Social Security claimed from her as undue collection. This has been decided by the Superior Court of Justice of Galicia, explaining that income that does not exceed 65% of the monthly amount of non-contributory pensions should not be taken into account.
As explained in the ruling STSJ GAL 959/2026 (available at this link from the Judiciary) the beneficiary began collecting the Minimum Vital Income on June 1, 2020. She did not apply for the aid, since it was Social Security itself that, by ex officio converting her old file of economic benefit for dependent children, incorporated it into the new Minimum Vital Income.
During the following three and a half years it received amounts that in some periods were below what it was entitled to and in others above, depending on the annual comparison with the tax data of the Tax Agency. For this reason, in June 2023, Social Security claimed the return of 4,324.35 euros.
65% of the non-contributory pension as a border
To understand this ruling, we must know that article 19.3 of the Law 19/2021amended by article 81 of Royal Decree-Law 20/2022 of December 27, establishes that amounts that do not exceed 65% of the monthly amount of non-contributory pensions will not be payable when there is at least one minor beneficiary in the cohabitation unit.
This exception was made to prevent an immediate return of the Minimum Living Income from aggravating the economic situation of families with children. In the Galician case, neither in the annual calculation of 2020, 2021 and 2022 nor in January 2023 did the differences detected by the organization reach that threshold.
The Social Court number 3 of Vigo did not agree with the woman, but the TSJ of Galicia sees an omissive inconsistency there, which is why it declares the partial annulment of that sentence and, instead of returning the case to the court, goes directly into resolving the merits.
The annual calculation favors the interest of the minor
The Chamber explains that 65% must be calculated on all the monthly payments of the year and not month by month, because if the monthly amounts of the IMV were applied to a single monthly payment it would make it impossible to exceed the threshold and the protection of the minor would be void.
Please note that Royal Decree-Law 20/2022 explains in its tenth transitional provision that the application of the previous legislation is limited to refunds already declared and demanded before that date. The initiation agreement against the beneficiary was signed on June 26, 2023 and the final resolution is on July 11, 2023. They are later. For this reason, the Court concludes that the new rule applies and that the 4,324.35 euros are not an undue charge.
Overall, the ruling declares that the mother is not obliged to return the amount claimed and condemns Social Security to be and go through that declaration. Does not impose costs.