A retiree managed to recover R$5,883.75 paid to the General Treasury of Social Security (TGSS) after being notified of a charge of R$39,255.19 for alleged undue receipts. According to Spanish digital newspaper Noticias Trabajo, TGSS will also have to add 228.89 euros in interest on the amount returned.
Disputed billing and phased payment
Santiaga, the beneficiary, was receiving a pension when, in May 2022, she received a notification demanding the return of R$39,255.19 relating to benefits received between 2017 and 2021.
The allegation was based on the fact that she was released under a Social Security scheme, a situation which, under article 213 of the Spanish General Social Security Law, could make receiving the pension incompatible with work activity.
Despite disagreeing, Santiaga agreed to pay the debt in installments, divided into 60 months, with a monthly installment of R$653.75. Before the Court’s final decision, he had already paid nine monthly payments, totaling R$5,883.75.
A court later overturned the infraction and the obligation to return any amount, prompting Social Security to rectify its position. However, the refund of the amount already paid was not carried out immediately, forcing Santiaga to go to court again.
Decision of the Superior Court of Justice of Castilla-La Mancha
The case reached the Superior Court of Justice of Castilla-La Mancha, where Social Security argued that it would not be the National Institute of Social Security that would return the money, but rather the TGSS, responsible for managing the payments.
According to the same source, the court gave relevance to article 26 of the Spanish General Social Security Law, which guarantees the right to refund of undue income and provides for the application of default interest from the date of payment until refund.
The court concluded that TGSS should return the entire amount paid, plus 228.89 euros in interest. The concept of supervening lack of object was also applied, considering that, with the cancellation of the original debt, the pensioner should return to the economic situation in which she would have found herself if the administrative error had not occurred.
Situation in Portugal
In Portugal, there is also a procedure for requesting the return of undue payments to Social Security. According to the institution’s official portal, requests can generally be submitted up to five years after the date of payment.
Portuguese legislation provides that the amount returned includes late payment interest, in order to compensate the citizen for undue retention of the money.
Santiaga’s case highlights the consequences of administrative errors and reinforces the importance of going to court in disputed billing situations.
According to him, the final decision allows the pensioner to recover not only the payments already made, but also financial compensation for the time the amounts were retained, bringing some relief in a situation that lasted several years.
Also read:
