Receiving public assistance in Spain is contingent upon adhering strictly to a series of residency and income requirements, and failing to comply can have serious financial repercussions. This was the case for a woman who, after spending extended periods in Morocco, is now facing a significant financial claim from the government. The ruling from the Superior Court of Justice of Catalonia, as detailed in case 1945/2026, upholds the prior decision made by the Department of Social Rights of the Generalitat of Catalonia, completely dismissing the claimant's appeal. This situation underscores a clear and pressing reality: the scrutiny of social spending is intensifying, and regulatory requirements are inflexible.
Current legislation closely monitors the amount of time beneficiaries of subsidies spend outside Spanish borders. According to legal data from the case, the claimant spent a total of 680 days abroad over several years: 135 days in 2018, 136 days in 2019, 260 days in 2020, and 149 days in 2021. These figures far exceed the legal limit, which is capped at a maximum of 90 days of absence per calendar year.
The crux of the matter lies in Article 10.2 of Royal Decree 357/1991, which clearly stipulates the obligation to maintain residency in Spain to retain eligibility for such non-contributory benefits. The judges determined that exceeding this 90-day temporal limit automatically and sufficiently nullifies a citizen's rights, without the need for the administration to prove a formal or permanent relocation of their habitual residence to another country.
Furthermore, geographic absenteeism was not the sole reason for the withdrawal of the benefit; the financial situation of her household also breached the authorized limits. In 2021, the economic resources of the claimant's household rose to 73,291.08 euros. This amount is astronomically higher than the legal threshold permitted for her family model, which was established around 33,835.20 euros.
The claimant lived with direct relatives in the same household. While in 2013 this family unit comprised five members, during the timeframe analyzed by the court, the number of individuals decreased to three. Despite this reduction in household members, the combined income substantially increased because one of the daughters was simultaneously receiving an incapacity pension.
The claimant's individual benefits consisted of a non-contributory incapacity pension of 604.20 euros per month, supplemented by an additional amount ranging from 36.03 to 37.69 euros since December 2013. Additionally, she received another monthly payment from Morocco amounting to 96.68 euros.
As a result of these violations, the Generalitat of Catalonia decided to annul the benefit retroactively from June 2018. This action necessitates a total reimbursement of 32,857.20 euros for amounts received improperly. The breakdown of the payments received by the claimant shows that she earned 8,458 euros during 2021, along with a final payment of 764.40 euros in January 2022 that included various back payments and amounts related to the subsidy supplement.
During the judicial process, the woman's defense argued that strict international mobility restrictions imposed by the COVID-19 crisis in 2020 were crucial in preventing her return to Spain. However, the court rejected this force majeure justification. While the judges acknowledged the exceptional nature of the pandemic context, they reminded that authorities maintained operational channels and specific mechanisms for the repatriation and return of citizens, thus invalidating her prolonged stay abroad as justified.
In conclusion, this judicial resolution reinforces a very strict and rigorous doctrine in managing public system benefits. The ruling serves as a reminder to citizens that non-contributory incapacity benefits are strictly tied to physical presence in Spain and the containment of household income, with no room for administrative flexibility when there is a clear violation of the established rules.
As reported by elblogsalmon.com.
