A woman with disabilities must return 11,736 euros of her non -contributory pension to the Community of Madrid after the Superior Court of Justice of Madrid confirmed that they were undue charges, by exceeding the income of her coexistence unit the legal limits due to her father’s retirement pension and the salary of her sister. In this way, the Court gives the reason to the Administration by pointing out that the beneficiary did not have the right to collect this benefit between 2019 and 2022, so it had to return it, although reducing the initial amount claimed, which was 22,549.53 euros.
According to the sentence, this woman charged the non -contributory pension for disability for more than 27 years, but in 2022 the Community of Madrid initiated a procedure by which she reviewed the income of this woman and her coexistence unit (to collect this pension it is necessary not to overcome a threshold of income). As his father charged a retirement pension and his sister received income for his work and exceeded said threshold, the Community of Madrid proceeded to extinguish the non -contributory pension and claim the return of 22,549.53 euros for improper charges.
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Not being satisfied, the woman decided to file a claim to the Community of Madrid, which admitted it but partially, lowering the amount to 14,224.84 euros. She still did not be satisfied, since she understood that the obligation to return the money should be left without effect, so she decided to go to court.
Income prevented pension
The Superior Court of Justice of Madrid gave the reason to the Community of Madrid, that is, confirmed that the beneficiary breached the economic requirements required by the regulations of non -contributory disability pensions. Although the woman had recognized the right since 1998, between 2019 and 2022 her father’s income (social security retirement pension) and her sister (derived from her work activity) made the coexistence unit exceed the maximum legal limit, which generated undue charges of the benefit.
The Chamber explains that in the administrative resolution it had already been indicated that “the perceived amounts … have not been controversial, nor the income of the coexistence unit, so it is concluded that the amount of the difference to be returned … is 11,735.99 euros.” Therefore, the decision of the counseling to demand the return was adjusted to law, so it had to return the payrolls of the non -contributory pension that were unduly charged.
Non -contributory pensions are benefits for people with income
The key to the sentence is that non -contributory pensions are welfare aid, that is, aimed at people with low income. For this reason, the Court rejects helplessness and recalls that in the appeal “the evidence or raised facts contrary to those proven declared” cannot be revalued.
Therefore, it does not matter that she did not have its own income, since in this type of pension the determining criteria is the joint computation of the coexistence unit. Exceeded that limit, the right to perceive the pension disappears and the reimbursement of the more charged.