Did you retire between 2016 and 2021 and are the father to two or more children? You may be entitled to the maternity supplement referred to as “Complemento de jubliación”.
In 2019, the European Union Court of Justice considered the law which excluded men from the maternity supplement regulated in article 60 of the General Social Security Law to be discriminatory.
The Supreme Court has established that the maternity supplement created in 2016 for mothers, must also be applied for fathers and with retroactive effects. In this way, parents, with two or more children, who retired between January 1, 2016 and February 3, 2021 can claim the maternity supplement and recover up to 21,000 euros.
What requirements must be met?
First, you must be the father of two or more children.
In addition, you must have received a Social Security contributory pension between January 1, 2016 and February 3, 2021. The pension can be for ordinary retirement, early retirement for reasons not attributable to the worker, widowhood or of permanent disability.
What increase percentage will apply to me?
A percentage will be added to your pension depending on the number of children.
For 2 children: 5% increase of the pension.
For 3 children: 10% increase of the pension.
For 4 or more children: 15% increase of the pension.
How to claim the supplement?
If you were not an official employee of the administration, known in Spain as a “funcionario”, we must start by submitting an application to the INSS, who will have three months to respond. Should they not accept the application, we must file an administrative claim. Lastly, if they still do not accept and recognise your right to receive the supplement, we would file a lawsuit before the Social Courts.
If, on the other hand, you were an official employee of the administration, we will begin by filing a claim with the General Directorate for Social Security Management (General Sub-directorate for Passive Classes Management). If our claim is denied, we would need to first file an optional reconsideration appeal and then a contentious-administrative appeal before the General Directorate of Social Security Management. Finally, in the event that the appeal is also denied, we would need to take the contentious-administrative appeal before the Superior Court of Justice.
What documentation do I need to provide?
We must include the following documents in the application:
- Copy of your ID
- Resolution of the National Institute of Social Security (INSS) recognizing your pension with the calculation of the amount of the benefit
- Family book, known as “libro de familia” or birth certificate of your children
Nieto Jones can get you your retirement supplement.
If you want us to recover your retirement supplement, contact us by calling +34610632963 or email contact@nietojones.com and we will be happy to study your case.
