The Social Court number three of Logroño has recognized the right of a male pensioner to receive the maternity supplement, which will mean recovering more than 12,000 euros, as reported by Unive Abogados.
The ruling recognizes this pensioner’s right retroactively from 2017as well as compensation of 1,800 euros for damages caused after the discrimination suffered by the National Social Security Institute (INSS).
In total, the pensioner will receive 12,957.74 euros, which includes accumulated arrears and compensation for moral damages.
The plaintiff, who applied for the supplement in 2023initially saw his request rejected due to administrative silence. Subsequently, after a formal complaint, the INSS explicitly denied the supplement, alleging prescription.
However, in 2024, and After the presentation of the claim, the INSS recognized the right to the supplement with retroactive effects, satisfying the economic claims raised extra-procedurally.
The court has assessed the need for the pensioner to go to court to obtain a legitimate right that had already been supported by the ruling of the Court of Justice of the European Union (CJEU) in December 2019.
In application of the doctrine of the Supreme Court, The ruling emphasizes that the compensation of 1,800 euros is intended to compensate for the damages suffered, including expenses derived from the judicial process.
Diego Lahuerta, director of the Unive Abogados headquarters in Bilbao, highlighted: “This ruling not only returns what was due to the pensioner, but also reaffirms the obligation of public administrations to respect equal treatment and avoid discriminatory practices.
It has encouraged all those affected to review their situation and claim their rights if they find themselves in similar circumstances. The court’s resolution, which includes a five percent lifetime revaluation of the plaintiff’s pension for being the father of two daughters, “reinforces the need for public bodies to comply with the principles of equality and non-discrimination established at both national and European level”, has said.
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