A man will recover the subsidy for people over 52 years after the State Public Employment Service (SEPE) to withdraw it and claim 20,657 euros for not computing his prior contributions to the total permanent disability. The Superior Court of Justice of Asturias determined that these quotes should be counted to reach the demanded 15 years, so it annuls the return and orders to replace the collection of aid.
According to the sentence, this worker had been charging the subsidy for over 52 years since October 2014, compatible with the total permanent disability pension that he had recognized since 1988. For years there was no incident Compatible it with the subsidy.
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Due to this situation, the SEPE sent a notification for the worker to opt between keeping the inability pension or continuing to charge care aid, but not answering within one month, he understood that he chose the inability pension.
Therefore, the SEPE proceeded to extinguish the subsidy and also claiming that since April 2019 it received income that exceeded 75% of the minimum interprofessional salary. Shortly after, in June of the same year, he demanded the return of 20,657.23 euros receiving the subsidy for over 52 years improperly between 2019 and 2023.
The worker filed a prior claim, claiming that he did have the 15 -year -old price and that the subsidy should be maintained, but the SEPE dismissed his request, so he decided to go to court and challenge the decision of the public body.
Quotes under permanent disability count
Although the Social Court No. 1 of Avilés ruled in favor of the SEPE, this man appealed to the Superior Court of Justice of Asturias, which did reason. The Chamber explained that article 274.4 of the General Law of Social Security requires to prove all the requirements to access tax retirement except for age, and that, by virtue of the provisions of article 200.4, the permanent disability pension becomes called a retirement pension when the legal age is reached. Therefore, the prior contributions must be computed to reach the demanded 15 years.
In addition, he defended that it was not a sanction, but an error in the interpretation of the regulations, and that the quotes eliminated ex officio had to continue telling in order to prove the minimum lack (which are those 15 years throughout their working life).
The court also stressed that the subsidy for over 52 years is compatible with total permanent disability, provided that the work that gave rise to unemployment was also compatible, as in this case. Therefore, he considered the right that the SEPE would have extinguished the benefit and demanded the return of the perceived.
In short, the SEPE must return the subsidy for over 52 years in addition to returning the 20,657 euros that were charged improperly.