A Spanish woman was absolved of the obligation to return 15,430.20 euros to Social Security, an amount that the organization considered to have been unduly paid in installments for a dependent child. The case was decided by the Superior Court of Justice of Galicia (TSJG), which understood that the State’s right to claim the amount was time-barred, as more than four years had passed since the recognition of the benefit.
According to Notícias Trabajo, a Spanish website specializing in legal and labor matters, the woman received help for her brother, who had a disability greater than 65%. The benefit had been approved in 2006, but it was only in 2023 that Social Security began a review of the process, concluding that part of the amounts paid since 2019 had been allocated incorrectly.
A long-term pension
According to the same source, support began to be granted in 2005, when the woman began to receive an orphan’s pension with an additional supplement “for dependent children who are over the age and disabled”. The following year, he requested a new benefit from Social Security for a dependent child with a disability greater than 65%, which was approved retroactively to April 2006.
The subsidy remained unchallenged for more than 15 years. Only in November 2023, after the death of the beneficiary and the transfer of guardianship from her brother to another family member, the Instituto Nacional de la Seguridad Social (INSS) opened a review process and demanded the return of 15,430.20 euros, claiming that part of the aid had been “unduly received since June 1, 2019”.
Complaint outside the legal deadline
The family contested the request, arguing that the action was time-barred, as the law establishes a maximum period of four years to claim amounts unduly paid. The Social Court No. 2 of Ourense ruled in favor of the woman, and the INSS appealed the decision.
However, the Superior Court of Justice of Galicia confirmed the sentence, stressing that the four-year period aims to guarantee legal certainty and prevent the State from acting outside the stipulated time. “It is clear that more than four years had passed since the recognition of the benefit”, states the decision, which maintained the acquittal and rejected the Social Security appeal.
The principle of prescription
The court highlighted that prescription is an essential legal instrument to balance the power of the Public Administration and protect citizens from late actions. Therefore, as concluded by , the Spanish State lost the right to demand the return because it allowed the deadline to pass without acting.
The decision, definitive, prevents any new collection attempt and reinforces the principle that the inaction of the authorities cannot penalize the citizen.
And in Portugal?
If a similar case occurred in Portuguese territory, the legal framework would be similar. Article 187 of the Code of Contributory Regimes of the Social Security Pension System determines that the right of Social Security to claim undue benefits expires after five years from the date on which the payment was made.
However, if the payment is received due to proven fraud or fraud, the limitation period does not apply, and the State may demand the refund at any time.
Even so, if the undue payment results from an administrative error and the beneficiary did not act in bad faith, the refund may be legally waived.
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