A pioneering decision by the Superior Court of Justice of the Valencian Community (TSJCV) recognized, for the first time, the right of a retired woman to receive the supplement to reduce the gender gap in her pension for having cared for her granddaughter in permanent family care: an interpretation that extends the usual application of this support, provided for in article 60 of the General Social Security Law (LGSS).
According to Noticias Trabajo, a Spanish website specializing in legal and labor matters, the National Social Security Institute (INSS) has already filed a cassation appeal (for unification of doctrine) with the Supreme Court, so the final outcome may still take some time.
According to the same website, the retired woman, identified as Josefa, aged 72, dedicated herself for years to caring for her granddaughter, whom she took on as her daughter since she was *one and a half years old, and already received two supplements allocated for caring for her children. Even so, he requested a third supplement because he understood that permanent foster care should be equated to natural or adoptive affiliation.
First failed decision, victory only on appeal
The INSS rejected the request in a decision in March 2022 and, later, the Juzgado de lo Social n.º 1 of Elche again refused the claim in a ruling in May 2024, understanding that the law restricts the supplement to biological or adopted children.
The pensioner then appealed to the TSJCV, and that was when the interpretation changed. The court considered that delete a case of permanent care goes against the purpose of article 60 of the LGSS, which is to compensate for the impact that family care may have on the contributory career.
The ruling also recalls that Josefa took care of her granddaughter from 1995 until her retirement in 2021, and emphasizes that the right to the supplement should not be tied to the “biological fact” when an effective level of care and dedication has been demonstrated.
The court also valued the fact that the grandmother could not transform this relationship into adoption: the Spanish Civil Code prohibits the adoption of a descendant, so fostering was the legal means available to ensure the protection of the minor.
According to statements reproduced by the program “Y ahora Sonsoles” (Antena 3), Josefa said she was “very happy” with the recognition, remembering that she went through “very complicated times”.
The value of the increase was presented as around 35 euros per month; In official terms, the amount of the supplement in 2025 is €35.90/month for each son/daughter, which explains the rounding mentioned on television.
For now, the decision is not definitive: Noticias Trabajo reports that the INSS appealed to the Supreme Court, which will have to clarify whether or not permanent family care can generate the right to the supplement in similar terms to biological or adopted children.
Legal context in Portugal
In Portugal, there is no supplement equivalent to the “complement to reduce the gender gap” in pensions. The Dependency Supplement, for example, is support aimed at dependent pensioners who require assistance from a third person, not an increase associated with the care provided to children or grandchildren.
As for family fostering, it is a promotion and protection measure provided for in Portuguese law and implemented by Decree-Law No. 139/2019, within the scope of the Law for the Protection of Children and Young People in Danger. This regime does not, in itself, provide for any automatic “bonus” in future pension for performing reception duties.
Also read:
