Pensions are an earned right, but they also imply specific duties and conditions that many beneficiaries are unaware of. Among them is the obligation to maintain continued residence in national territory. When this rule is broken, the consequences can be severe, as demonstrated by a recent case judged in Catalonia, which involved a pensioner who lost his right to a pension.
The Superior Court of Justice of Catalonia confirmed the Social Security decision that determined the suspension of the non-contributory retirement pension of a retired man who was outside Spain for more than 90 days without reporting his absence. In addition to losing the right to a pension, the beneficiary will have to return 10,361.52 euros received unduly. According to the ruling, the law establishes that prolonged absences from the national territory, exceeding 90 days per year, result in the loss of the right to a non-contributory old-age pension, unless there is a duly justified reason, according to the Spanish digital newspaper Noticias Trabajo.
This case began when the Department of Social Action and Family of the Generalitat of Catalonia received a communication from the National Police. The document stated that a holder of a non-contributory pension could be absent from the country for several months, as is the case with this pensioner. When analyzing the passport, the administration confirmed that he, a Moroccan national, had remained outside Spain for more than 90 days, mainly on trips to his country of origin, Morocco.
Continued residency is a legal requirement
In view of this verification, Social Security applied the provisions of article 10, no. 2 of Royal Decree 357/1991, which regulates non-contributory benefits. This rule provides that continued residence is considered interrupted when absences from Spanish territory exceed 90 days in the same natural year. Therefore, the organization suspended the pension and demanded the return of 10,361.52 euros for undue payments.
Appeal did not convince the court
The retiree filed a complaint, claiming that he should not lose his right to a pension, according to the source previously cited. However, his challenge was rejected, on the grounds that absences of more than 90 days break the continuity of residence required by law.
Dissatisfied, he decided to go to court. Even so, the Superior Court of Justice of Catalonia upheld the administration’s decision, noting that “no reason was alleged to justify absences from the national territory for a period exceeding ninety days”.
109 days outside Spain
The evidence presented revealed that the pensioner was absent for 109 days between December 2017 and August 2018, that is, 19 days above the limit allowed to maintain the pension. The court therefore considered the Generalitat’s action to be correct in extinguishing the pension and ordering the refund of the amounts received unduly.
Duty to communicate and exceptions
The sentence also highlights that the problem was not only the length of the absence, but also the lack of communication to the authorities, says the same source. The administration reminds you that it is always mandatory to inform Social Security of any prolonged travel. In situations of force majeure, such as health reasons, family care or emergencies, absence may be justified, as long as it is communicated and duly proven.
This type of restriction is only valid for non-contributory pensions, granted to people with low income and without a history of sufficient discounts to access a contributory pension, says the . Anyone who receives a contributory retirement pension is not affected by this limitation, as the right arises from contributions made throughout their working life.
A case that serves as an example
The decision of the Superior Court of Justice of Catalonia remains very current, as it serves as a warning to all beneficiaries of non-contributory benefits. Being absent from the country for more than 90 days a year without reporting to Social Security can mean not only the loss of the right to a pension, but also the obligation to return all amounts received during the period of absence, as is the case with this retiree.
What if it happened in Portugal?
In Portugal, a similar situation would be assessed based on the type of benefit received. In non-contributory pensions, such as the social old-age pension, and in complementary benefits, such as the Solidarity Supplement for the Elderly (CSI), there is a requirement for effective residence in the national territory, as well as the obligation to report any prolonged absence. These benefits are aimed at those who live in Portugal and have low income, so continuous residence is one of the main requirements to maintain the right to benefits.
In the case of social old-age pension, regulated by Decree-Law No. 464/80, Portuguese law does not define a specific limit on days of absence, as happens in Spain with a period of 90 days. However, the loss of resident status or the impossibility of proving effective residence may lead to the suspension or termination of the pension. The objective is to ensure that support is only granted to those who live permanently in the country and not to those who spend long periods abroad.
Case of the Solidarity Supplement for the Elderly (CSI)
In the case of (CSI), the rule is clearer. Regulatory Decree No. 3/2006, amended by Decree-Law No. 126-A/2017, requires the beneficiary to reside in Portugal for at least 270 days per calendar year. In practice, this means that absences of more than approximately 95 days may lead to the suspension of payment and, in cases of prolonged non-compliance, the termination of the right. This standard aims to ensure that support is only provided to those who have an effective connection to the national territory.
Duty to communicate to Social Security
In addition to the residence requirement, beneficiaries have the duty to communicate to Social Security any change that may affect the granting or maintenance of the benefit, such as a change of residence or a prolonged absence. If the beneficiary does not comply with this obligation, Social Security may demand the return of amounts received unduly and, in certain cases, impose fines for false declarations or omissions.
The usual procedure, if a long absence is detected, involves an administrative check, followed by a hearing of the beneficiary, who may present justifications or proof of residence. Depending on the result, Social Security decides whether to maintain the payment, temporarily suspend it until further proof of residence, or extinguish the right to the benefit. If there are undue payments, a refund process is initiated.
In contributory pensions, the situation is different. Anyone who receives a pension resulting from their deductions can reside abroad without losing the right to the benefit, as long as they comply with the rules on proof of life and maintain contact with Social Security. Thus, if the Spanish case had occurred in Portugal, the consequences would be similar only for non-contributory pensions or social supplements, where effective residence and compliance with the 270-day limit in national territory are decisive for maintaining the benefit.
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