Social Security will deny the retirement pension to all workers even if they are 40 years quoted if they are not up to date with payment being autonomous

Workers who are not up to date with the quotas with social security when they had been self -employed by their own may be denied the retirement pension, unless they regularize their situation within the period established after the “invitation to the payment” that the Administration will send them. This is established in article 47 of the General Social Security Law, in which it explains that for the recognition of the benefits it is necessary that the deceased, if responsible for the entry of its quotes, is aware of the payment.

This is so, since it is part of the system’s taxpressivity principle and directly affects self -employed workers, since they are responsible for entering their monthly installments, that is, that they themselves quote for their future retirement pension.

For of others’ employees (employees), this responsibility falls to the employer, who is the one who is obliged to quote for them, so that the right to pension of the employee is protected although his company has debts with the administration. Therefore, if an autonomous worker who is quoted under the reta (Special Regime of Autonomous Workers) is not up to date of payment of his quotes, he will not be able to access the retirement pension even if he meets the requirements of age and years quoted, thus he has more than 40 years quoted.

Unlike other incompatibilities, which can lead to the suspension of an already granted pension, social security debt prevents the birth of law itself. However, the law establishes a specific mechanism to avoid automatic denial and give the future pensioner the opportunity to correct their situation.

What happens if I request the pension and I have debts

In the event that an autonomous worker requests the retirement and social security pension, detects that he has pending fees of payment, an immediate denial will not proceed. Instead, the payment invitation mechanism is activated, regulated in article 47 of the General Social Security Law.

The procedure begins when the managing entity (social security) notifies the worker the pending debt and their amount, granting an non -extendable term of thirty calendar days to enter the due fees. If the worker pays all the debt within that period, it will be considered that it is up to date with payment and the process for the recognition of the pension will continue normally. On the contrary, if this period has elapsed, the debt has not been paid, the pension request will be formally denied.

In other words, the “invitation to payment” is the only opportunity offered by law to regularize the situation without losing the right to the pension on the requested date.

Example about denial for not being aware of the quotas

To understand it better, let’s see it with a real example of how an autonomous could lose access to your pension for not acting on time. An autonomous merchant arrives at the retirement age with 35 years quoted, but due to economic difficulties in recent years, he accumulated a debt of 3,000 euros in unpaid installments.

The merchant requests his pension, which would correspond to him from the following month. Social security checks its history and detects debt. Instead of denying her, she sends an “invitation to payment” for 3,000 euros, giving it 30 calendar days to pay them. The autonomous, confident that he could negotiate a postponement later, lets the deadline pass without entering the money.

As of day 31, Social Security issues a resolution denegating the retirement pension for not being aware. Now, the merchant must not only pay the 3,000 euros, but, once paid, he will have to start a new retirement application. This will cause at least one or two months of pension to lose at least one or two months that could have already charged if I had attended the invitation within the indicated period.