A woman with permanent disability must return 10,356.71 euros to the State Public Employment Service (SEPE) after having charged the contribution for unemployment without informing that a total permanent permanent disability pension has already been recognized, a fact that has been endorsed by the Superior Court of Justice of Madrid. In this way, justice gives the right to point out that the beneficiary had no right to receive unemployment.
According to the sentence, this woman since 2016 was already charging a total permanent disability pension for her usual profession, with the right to collect 55% of her regulatory base. Despite this, in 2020 he requested and began receiving an unemployment benefit recognized by the SEPE, which initially granted 660 days of unemployment and during the period came to collect 22,007.74 euros.
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Now, the SEPE proceeded to review its file and modified the duration of the benefit to 360 days to verify that the woman had already recognized a total permanent disability incompatible with the unemployment benefit. This change made it improperly charged 10,356.71 euros, so a procedure to claim those amounts began.
The woman was not satisfied, because it was the Sepe who approved the benefit and made the mistake, but despite putting a claim, she was dismissed. Thus, the woman decided to go to court.
Charged unemployment in an improper way
The Superior Court of Justice of Madrid gave the judgment issued by the Social Court No. 11, which had already dismissed the demand of women against the SEPE. In both instances it was understood that the administrative resolution that modified the duration of the unemployment benefit and set the return of 10,356.71 euros was firm, since it had not been appealed in the deadline.
The Chamber explains that the judicial debate could not focus on checking whether or not the women met the requirements to collect 660 days of unemployment, since that issue was resolved in the resolution of the SEPE of April 2022, which was not challenged. Therefore, the TSJ confirmed that the woman had to return 10,356.71 euros to the SEPE.
The benefit was incompatible with permanent disability
The key to the sentence is that the woman had already recognized since 2016 a total permanent disability pension. This pension, according to the General Law of Social Security, can be compatible with a different work than usual, but only allows access to unemployment if the contributions have been generated in that compatible job.
In this case it was not so, the unemployment benefit recognized in 2020 did not come from a subsequent and compatible work, so it was incompatible. When reviewing its situation, the SEPE corrected ex officio the duration of the recognized strike, reducing it from 660 to 360 days.
In this way, the charges made between March 2021 and January 2022 were considered improper, since there was no right to continue receiving the benefit. Therefore, although the woman could work in a different profession and quote normally thanks to her degree of disability, the relevant thing is that the total permanent disability pension that she already had recognized was incompatible with the collection of unemployment in the conditions in which she was granted. Once the correct duration of the recognized benefit was over, the reimbursement of the perceived of more.