A woman in Spain managed to regain her right to receive both her widow’s pension and her retirement pension simultaneously, after Social Security suspended her payment due to an alleged incompatibility between the two benefits. The decision, now confirmed by the Superior Court of Justice of Navarra, allows him to once again receive both pensions, for a total value of 3,102.67 euros per month.
According to Noticias Trabajo, a Spanish website specializing in labor and legal matters, the woman, identified as Lina, had received a widow’s pension worth 835.43 euros per month since 2012, awarded after the death of her de facto partner.
The pension was approved under Law 40/2007, which at the time allowed access to this benefit for unmarried couples, as long as their income did not exceed 1.5 times the minimum wage.
Two years later, in 2014, Lina began receiving a contributory retirement pension of 2,060.22 euros. It was then that Social Security decided to suspend her widow’s pension, claiming that the retirement exceeded the maximum income limit set by law.
Social Security demanded that he return 10 thousand euros
In 2022, with the entry into force of Law 21/2021, known as the second pension reform, Lina requested the reactivation of the widow’s pension. However, Social Security not only refused the request, but also demanded that he return 10,421.56 euros, claiming that he had received the subsidy incorrectly.
The decision was based on Additional Provision 40th of the General Social Security Law (LGSS), which establishes that the widow’s pension can only be granted to beneficiaries who do not receive another contributory pension.
But the court did not agree. The Superior Court of Justice of Navarra considered that the widow’s pension awarded in 2012 should be analyzed according to the legislation in force at the time, and not according to the rules introduced by the 2021 reform. According to the ruling, cited by , the pension was not “a new request”, but rather a rehabilitation of a right already acquired, meaning that the new requirements could not be applied.
Court confirms right to both pensions
The court highlighted that the rights recognized under the old law must be respected and that Social Security could not retroactively apply more restrictive standards. Therefore, it decided that the woman has the right to receive both pensions and that she does not need to return the required amount.
The ruling, cited by the same source, explains that the restoration of the pension must follow article 174.3 of the General Social Security Law, and not the new additional provision. The court also highlighted that the “relevant moment” to determine the applicable legal regime is the triggering event: in this case, the death of the partner in 2012.
In Portugal, it is also possible to accumulate pensions
In Portugal, the rules are different, but pension accumulation is also possible in certain situations. According to Decree-Law No. 322/90, the survivor’s pension can be accumulated with the old-age or disability pension, as long as they do not result from the same contributory regime.
Each case is assessed individually by Social Security, and it is necessary to ensure that beneficiaries do not receive two benefits based on the same contributions.
In the Spanish case, the court’s decision represents a significant victory for the pensioner and an important precedent for other beneficiaries facing similar situations.
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