The Superior Court of Justice of Madrid (TSJM) has proved the Public State Employment Service (SEPE) to extinguish the subsidy for over 52 years and demand the reimbursement of 8,509.01 euros to a beneficiary who traveled abroad without notifyingexceeding the permitted 15 days. The TSJM Social Chamber indicates that the exits abroad in this case to Morocco must be notified to the SEPE and that if there is no serious infraction according to article 25.3 of the Liver, whose sanction is the extinction of the subsidy and the obligation to return the amounts unduly charged.
According to the sentence, the plaintiff was a beneficiary of the subsidy for people over 52 years since 2019 and, since his approval, he made several outputs to Morocco without communicating them to the SEPE, thus breaking the established obligations to receive the provision. In February 2023, the SEPE detected that the beneficiary had been out of Spain in periods greater than 15 days without prior notification, so, given the repetition of this conduct, a sanctioning procedure began.
Thus, the SEPE notified the plaintiff to open the file and informed him that Return 8,509.01 euros for improperly perceived the subsidy between July 2021 and January 2023. In May 2023, after dismissing the allegations presented, the agency decided to extinguish the benefit and claim the amount charged improperly.
The beneficiary, who had maintained the perception of the subsidy for several years, argued that he had not been adequately informed of the sanctioning process and that his exits abroad responded to justified personal reasons. Even so, the SEPE confirmed the extinction of the benefit and dismissed the prior claim filed by the plaintiff. The unemployed was not satisfied, so he decided to file a lawsuit and take the case to the courts.
Did not notify the exits abroad
In the Social Court number 47 of Madrid, the ruling was favorable to the SEPE, determining that the unemployed was not right. For the Court, the plaintiff breached his obligation to communicate his departures abroad to the SEPE, which constitutes a serious infraction according to the law on violations and sanctions in the social order (smooth). Likewise, it was established that the subsidy for over 52 years should be extinguished and that the return of unduly perceived amounts was a sanction adjusted to law.
Disagree with this decision, the plaintiff filed an appeal for supplication before the Social Chamber of the Superior Court of Justice of Madrid (TSJM). The Chamber ratified the extinction of the subsidy, noting that the regulations are clear in terms of need to inform the SEPE about any exit from the national territory greater than 15 days. In addition, the Court stressed that “the non -knowledge of the norm does not excuse its obligatory compliance” as stated in article 6 of section 1 of the Civil Code, since the beneficiary had the duty to know and respect the conditions to maintain the benefit.
You will not be able to request the subsidy for over 52 years
With this failure, the worker Not only will you have to return the amounts charged undulywhich amount to 8,509.01 euros, but also lose the subsidy, you can no longer request it again. At this point, it is important to be clear about the difference between suspension and extinction. The suspension is temporary, while Extinction is permanent. That is, the suspension would have applied if the beneficiary had previously communicated their exits abroad and they would have been temporary, allowing the resumption of the subsidy after his return.
On the other hand, it should be noted that The SEPE does not prohibit the exits abroadbut they can sanction them if they do not communicate, since informing about them is an obligation of the unemployed while they are beneficiaries of unemployment benefits. In the case of the subsidy for people over 52, it is perceived indefinitely until they find work or reach the retirement age, in addition to quoting for the retirement pension.