A Pensioner’s Lengthy Stay Abroad Leads to Legal Consequences
A 77-year-old woman in Spain is faced with the daunting task of repaying €32,857.20 after spending an extended period in Morocco while continuing to receive her pension from Spain. This situation arose from her prolonged absence, which totaled 680 days between 2018 and 2021, far exceeding the limits set for receiving a non-contributory pension. The pension, which she had been receiving since December 2013 at approximately €604 per month, was contingent upon her residency in Spain. In addition, she also received a modest pension from Morocco amounting to €96.68.
The case has escalated to the Superior Court of Justice of Catalonia (TSJ), which upheld the decision to revoke her pension. The law stipulates that recipients of non-contributory pensions must maintain continuous residency in Spain, with absences permitted only for a maximum of 90 days per calendar year. The pensioner’s record showed that in 2018 she was absent for 135 days, 136 days in 2019, 260 days in 2020, and another 149 days in 2021, breaching the residency requirement in each of those years.
Legal Ruling and Financial Implications
In 2020, the woman claimed that she could not return to Spain due to border closures caused by the pandemic. However, the court found that exceptions were made during the pandemic for residents returning to Spain, and thus, her argument did not absolve her of the financial repercussions. Furthermore, her absence was not solely attributed to 2020, as she had already exceeded the 90-day limit in the years preceding it. The court ruled that the duration of her absences alone was sufficient to affect her eligibility for the pension, regardless of whether she had formally changed her residence.
Additionally, it was revealed that the woman's household income in 2021 exceeded the allowable limit for receiving this type of pension. Her family’s total income reached €73,291.08, significantly higher than the prescribed threshold of €33,835.20. This excess income compounded her issues, as non-contributory pensions are designed for individuals lacking sufficient financial resources.
Consequently, the Department of Social Rights of the Generalitat of Catalonia retroactively terminated her pension and demanded repayment of the funds deemed improperly received. As the court confirmed, the combined factors of her long absences and the increased household income led to this substantial repayment demand. This case serves as a crucial reminder for other pensioners that not all Spanish pensions are subject to the same residency conditions, particularly those receiving non-contributory pensions, which require legal residency in Spain. Failure to adhere to these stipulations can result in significant financial consequences, as evidenced by this unfortunate situation.
As reported by okdiario.com.
