Reclaiming the maternity allowance for men is not subject to prescription. This is the conclusion reached by the Social Chamber of the Supreme Court through a ruling that confirms the non prescription of the right to this allowance for a worker.
Thus, all men who retired with a pension due to retirement, permanent disability, or widow’s pension between January 1, 2016 and February 2021 may claim that the Social Security pays this allowance. The government corrected this rule after the European Union Court of Justice declared it discriminatory in 2019.
The Supreme Court now interprets that the request does not stand as an independent claim separate from the pension application, but was inherent in the action taken to request the benefit to which it complements. As a result, the allowance is not prescriptionable.
As seen on the Instagram account of a labor attorney, commentary notes that men who retired under these conditions and meet the requirements can file a claim.
Requisitos para reclamar el complemento de maternidad
Requisitos para reclamar el complemento de maternidad
The requirements for men to reclaim this maternity allowance are as follows:
- Having retired between January 1, 2016 and February 2021
- Having two or more children
How much can be claimed for the maternity allowance
It is possible to claim an increase of between 5 and 15 percent of the pension, plus all arrears. The Social Security cannot claim prescription. If the Social Security denies the claim, a compensation of 1800 euros can be pursued in court.
In addition, a noted figure explains that amounts of five thousand, six thousand, or up to twelve thousand euros more are possible. These are outcomes already being received in some cases.
The pension also increases every month based on the number of dependent children. Two children add five percent, three children ten percent, four or more children fifteen percent. If a claim was previously denied as prescribed, it can be reopened for review.