Spanish Court Upholds Decision on Disability Pension of Moroccan Woman
In a significant ruling by the High Court of Justice of Catalonia, a Moroccan woman’s non-contributory disability pension has been revoked, prompting her to repay a staggering amount of €32,857.20. The court's decision stemmed from findings that she had spent excessive time in Morocco, as well as evidence that her household income surpassed the eligibility criteria for the pension. The woman had been receiving this financial support since December 2013, alongside a modest pension from Morocco amounting to €96.68 per month.
Upon reviewing her case, the court discovered that she had spent a total of 680 days in Morocco between 2018 and 2021. This duration significantly exceeded the annual limit of 90 days allowed for recipients of the pension outside of Spain without notifying the relevant authorities. Although the woman contended that border restrictions during the Covid-19 pandemic hindered her return to Spain from March to September 2020, the court pointed out that her absences were not compliant even in previous years. Specifically, she spent 135 days in Morocco in 2018, 136 days in 2019, and 149 days in 2021, in addition to 260 days in 2020.
Furthermore, the court highlighted that her household income reached €73,291.08 in 2021, which alone constituted adequate grounds to terminate her entitlement to the disability pension. As a result, the court upheld the pension's withdrawal retroactively from June 2018 and mandated the recovery of payments that were deemed unjustly received by her.
This pension is designed for individuals aged between 18 and 64 who possess an officially recognized disability level of at least 65%, a limited financial situation, and compliance with Spain's residency requirements. The court's ruling serves as a reminder of the strict adherence to eligibility criteria for benefits and the potential repercussions of failing to meet these standards.
As reported by en.yabiladi.com.
