A Court of Alicante sued Russian citizen with Social Security for possible fraud in the collection of the minimum vital income, according to the sentence made public this Monday by Supreme Court of Justice (TSJ). The man was receiving assistance during the procedure, although it was revealed that he had more than 100,000 Euros of his own funds. this Alicante’s Contested-Administrative Court number threeowner of magistrate José Maria Magan.
The meaning of the court decision one of lime and the other of sand, because, on the one hand, it estimates the applicant’s claim by assuming that it is accredited. Meets the legal requirement of having insufficient economic income. However, it is precisely because of these resources that the magistrate there may be a fraud in the payment of the allowanceTherefore, if it deems it appropriate to review the payment of the benefit ex officio, it notifies the Social Security. The decision is not final and TSJ has an appeal against it.
For your transactions Permanent residence card of a relative of a citizen of the European Union During his stay in Spain he had to prove that he had sufficient funds for himself and his family members so as not to become a burden for social assistance and all-risk health insurance in Spain.
The appellant has proven that he is the owner of a current account with a balance greater than the present time in a Russian bank. €8,000; with another balance in Austria 20.000 €; and another with a Spanish presence More than 5,000 Euro balance. This citizen also submitted documents proving that he was. Russian hostas well as when they arrived in Spain Brought 65,070 euros in cash. “All these tests show that the appellant has sufficient income that assumes an estimate of the demand,” says the sentence. At the same time, he was listed as the recipient of the minimum vital income for some amount. From 1 June 2020, 460.93 euros per month.
Although the financial resources of the person concerned have been evaluated positively in order to reach a decision in favor of the residence card, the judge is of the opinion that “they cannot ignore the existence of an illegality arising from the law or look the other way”. the plaintiff himself. Magistrate argues “unacceptable“This citizen claims to have these resources and at the same time an aid loaded into public money may not correspond to receiving, given this income.. With these amounts deposited in different banks it’s getting so hard to talk about economic fragility“.
The decision reminds us that the minimum living income is an “unintended” contribution. prevent the risk of poverty and social exclusion Persons living alone or integrated into a coexistence unit and do not have the basic economic resources to meet their needs. “It’s not very consistent. someone who claims to have Amounts of more than 70.000 Euro It receives this aid in cash from Spanish public money. The reason why the magistrate thinks that the file “should be examined and examined by the relevant authorities”.