A Alicante retired will take more 6.200€ in the concept debts After the High Court of Justice of the Commonwealth of Valencia (TSJ) accepted the so-called right to receive retrospective birth supplement since he started receiving his pension.
In this way, TSK Corrects a previous sentence of the Social court no. 6 of Alicante despite the plaintiff’s acknowledgment of the right to receive the attachment, only allowed him to walk into the past three months, According to SSI regulations. However, in February last year the Supreme Court ruled against this limitation on the retroactive application of maternity reinforcement, which served as the basis for the appeal of the retiree from Alicante.
Specifically, the case refers to a man. He agreed to retire in July 2018 and after that, EU Court of Justice decision making it illegal for maternity supplement recognized only to women discrimination decided to request the collection of this supplement in December 2020 because of her gender.
After the initial rejection of Social Security, the man decided to go to court, hand in hand with the law firm Unive. The case fell before the Social Court No. 6 of Alicante, which recognized the right to increase the pension according to the European decision. However, according to the provisions of the Social Security Law, only Three months retrospective.
It was February of last year, exactly the same months. The Supreme Court decided that this limitation of non-retroactivity cannot be applied. in these cases, because the European decision did not set any upper limit. A decision that serves the plaintiff to submit his appeal to TSJ, who now agrees with him.
In this way, retired You will receive up to 6,248 Euros as Social Security debts already paid 2,473 euros temporarily by the public institution after the initial decision. You will also see your monthly pension increase by 5%.
The possibility of men seeking maternity supplementary benefits, the primary purpose of which is to compensate women for the damage caused by their careers as primary caregivers of children and family members, opened up when the CJEU declared it discriminatory. While the government later changed the legislation to accommodate the decision—any parent can now request it, provided they see their careers hindered by raising a child—the European decision does not allow all men to retire. From the initial approval of maternity supplement regulations in January 2016 until they are amended in February 2021, They can claim their collections retroactively.