The maternity supplement for men does not expire. This was confirmed by the Social Chamber of the Supreme Court in a ruling that states the right to this supplement does not prescribe for a worker.
The practical effect is clear: every man who earned a retirement, permanent disability, or widow pension between January 1, 2016 and February 2021 can claim that the Social Security pays him this supplement. The government adjusted the rule after the European Union Court of Justice deemed it discriminatory in 2019.
The Supreme Court now interprets that the request is not an independent claim made at the moment the pension is requested, but rather it is inherent to the action taken to apply for the benefit to which the supplement adds. Therefore, the supplement is non-prescriptible.
As shown on the Instagram account of the page Un tío muy legal, run by labor lawyer Ignacio de la Calzada González, and cited by Economista, “men who retired under these circumstances and meet the requirements can claim it.”
Requirements to claim the maternity supplement
The requirements for men to claim this maternity supplement are as follows:
- Retired between January 1, 2016 and February 2021
- Having two or more children
How much can be claimed for the maternity supplement?
De la Calzada explains that it is possible to claim between 5% and 15% more on the pension, plus all back payments, and that the Social Security cannot argue that it is prescribed. If the Social Security denies it, a compensation of 1,800 euros can be pursued in court if needed.
Furthermore, as explained by lawyer Andrés Millán on his TikTok channel @lawtips, which has nearly two and a half million followers, the potential gains can reach 5,000, 6,000, or even 12,000 euros more. These are resolutions that are already being paid out.
Finally, Millán notes that the pension increases each month according to the number of dependent children: two children add 5% monthly, three children 10%, four or more children 15%. If you already applied and were told it was prescribed, it is still possible to reclaim.