The State Public Employment Service (SEPE) will not be able to remove unemployment benefits from people who receive an inheritance in certain cases. Those citizens who receive an inheritance do not exceed 75% of the minimum interprofessional wage (SMI). This has been established by the Supreme Court following a complaint by an unemployed person. This ruling was recently made known, after an unemployed person who inherited a home reported that he had stopped receiving this benefit.
The SEPE decided to withdraw this aid from the individual after he accepted as an inheritance the part of the home that corresponded to him, 12,614.28 euros. However, he did not communicate this to the SEPE at the time he accepted the inheritance, so this body withdrew his benefit and alleged that he had committed a serious infraction by not communicating this information in the SEPE’s annual income declaration, since The amount exceeded the SMI in force at that time.
According to Noticias del Trabajo, the beneficiary complained about the situation on numerous occasions and decided to take the organization to court, obtaining the reason in the Social Court number 3 of Elche. This case reached the Superior Court of Justice of the Valencian Community, after the organization requested an appeal and obtained a ruling that did not favor the beneficiary. Since there were two different sentences, an appeal was made to the Supreme Court to make a decision on them.
Finally, the Supreme Court established that it was the unemployed person who was right, since not communicating an inheritance is not considered a serious offense. In this case, the beneficiary was only going to increase his assets, he was not going to receive any amount of money and since it is not rented, he does not generate benefits. Therefore, it establishes that the beneficiary is not obliged to notify the SEPE of the acceptance of the inheritance because the income derived from it is not higher, on an annual basis, than 75% of the SMI.
Unemployment aid may be compatible with some inheritances
After this incident, there are some questions about which inheritances may be compatible with unemployment aid. This is what citizens should keep in mind:
– What is established about receiving an inheritance when this benefit is collected is that the beneficiary has a period of 30 days from when the inheritance is accepted to notify that an extraordinary payment will be received. All information related to the total money to be received must be presented, which will appear in the official distribution documents.
– If notified on time, the ruling of the Supreme Court (305/2019 of April 10, 2019) guarantees that the person will not lose the subsidy.
– When the agency receives the information, it divides the total amount into 12 months. If it is less than 810 euros per month, the collection of the subsidy continues normally. If it is higher, the collection of aid stops immediately during the month in which the inheritance is received.
– Failure to notify the change may mean the loss of aid of 451.92 euros per month, and even initiate a sanctioning procedure for serious infringement.
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How to notify the SEPE of an inheritance
To notify this income and not lose aid, the SEPE offers several options. You can make an appointment and go to this administration in person, and the other is to do it online. To do this, it is necessary to access the SEPE Electronic Headquarters and select the ‘Communication of variation in family situation’ section. Once there, you only need to identify yourself and fill out a form with all the information.
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