Pensioners forced to go to court to obtain the maternity supplement are entitled to compensation of 1,800 euros

The social division of the Supreme Court has ruled against the INSS, who must compensate men who are forced to go to trial to have their maternity supplement right recognized an amount of 1,800 euros.

What is the maternity supplement?

It is an financial supplement (between 5% and 15%, depending on the number of children) that is added to the retirement pension.

In 2019, the Court of Justice of the European Union considered the law that excluded men from the maternity supplement regulated in article 60 of the General Social Security Law to be discriminatory. The Supreme Court has since established that the maternity supplement created in 2016, which at the time was only given to women, must also be given to men and with retroactive effect.

This means, fathers with two or more children who retired between January 1, 2016 and February 3, 2021 can claim the maternity supplement and recover up to a maximum of 21,000 euros.

Who is eligible?

Fathers who meet the following requirements:

1) Have two or more children, whose age is irrelevant.

2) Receive a contributory Social Security pension with came into effect between January 1, 2016 and February 3, 2021. The pension may be for ordinary retirement, early retirement for reasons not attributable to the worker, widowhood or permanent disability.

Who is entitled to receive the compensation of 1,800 euros?

Men who were forced to go to court to have their maternity supplement recognized.

In accordance with the STJUE of September 14, 2023 (C-113-22), it is mandatory to establish compensation for damages suffered by the applicant who’s request was denied through administrative channels.

Essentially, you have the right to be compensated with 1,800 euros if the INSS denies your request for the recognition of the maternity supplement and forces you to go to court to obtain it.

Nieto Jones can help you get your supplement

If you want to know if you meet the requirements and want us to helo you get your maternity supplement, call us at +34610632963 or write to us at contact@nietojones.com.