Beneficiaries of a Permanent Total Disability pension (IPT) who have returned to work and become unemployed should know that they have the right to make their pension compatible with the subsidy for those over 52 years of age. The Supreme Court has established doctrine in this sense, clarifying that the requirement of having 15 years of contributions to access future retirement can be met by adding the contributions of the entire working life, including those generated before the disability was recognized.
It must be said that although the State Public Employment Service (SEPE) had been denying these subsidies or demanding their return, the Supreme Court ruling (STS 4602/2025) explains that the SEPE was incorrectly applying a doctrine designed for the “contributory unemployment benefit”, but which is not valid for this assistance subsidy. The Court clarifies that the purpose of this aid is to protect the worker in the final stretch of his career until he can retire, and to verify this future right, all his contributions must be computed.
You may be interested
Miriam Ruiz, lawyer: “It is official, permanent disability pensioners can collect the subsidy for those over 52 years of age”
They donate their house to their daughters while they have a foreclosure for bank debt: the Supreme Court confirms that it was done to avoid the embargo, annuls it and condemns them for confiscation of assets
“Unemployment” is not the same as subsidy.
The SEPE based its rejection on the idea that, for Total Permanent Disability and an unemployment benefit to be compatible, the unemployment benefit must be generated entirely with contributions after the Disability. The logic was to prevent the same contributions (those prior to permanent disability) from being used to collect two benefits at the same time (pension and unemployment).
Now, the Supreme Court explains that this doctrine applies to the contributory benefit (the unemployment generated by contributions), but not to the subsidy for those over 52 years of age. The High Court reasons that the requirement of 15 years of contributions required by this subsidy is not a “deficiency” for the subsidy itself, but rather a “reflective effect.”
That is, the law only asks to verify that the worker, when he reaches the legal age, will be able to collect a retirement pension. And to check if someone is entitled to retirement, the law has always allowed all contributions from working life to be added, both before and after the IPT.
A real example of collecting the subsidy if they claim 10,548 euros
The case that has given rise to this ruling (resource 4234/2023) is that of a woman, Estela, who was recognized as having Total Permanent Disability for her profession as a sales assistant in 2001. After continuing to work in several compatible jobs, in 2020 she requested the subsidy for those over 52 years of age, and this was approved.
But, at the same time, the SEPE canceled the subsidy and requested that it return the amounts improperly collected, which were 10,548.16 euros, alleging that the worker did not meet the 15 years of contributions if only jobs after 2001 were counted. The woman, not being satisfied, decided to go to court.
First, the Social Court No. 4 of Bilbao dismissed the SEPE’s claim. The SEPE appealed, but the Superior Court of Justice of the Basque Country also ruled in favor, confirming that the worker did meet the requirements when adding up her entire working life.
Once again she appealed, this time, before the Supreme Court, which once again ruled in favor of the worker receiving her subsidy. The ruling explains that the criterion is correct, meaning that workers over 52 years of age make total permanent disability compatible with the subsidy.