The Supreme Court considers the right of the worker to the maternity supplement due to demographic contribution to the retirement pension to be imprescriptible.
The request was made more than five years after the causative event.
The High Court resolves the appeal for the unification of doctrine raised against ruling No. 837/2022 dated 2.12.2022 issued by the Social Chamber of the Superior Court of Justice of Cantabria, which confirms.
The plaintiff requested a retirement pension with the effects of the causative event on 11/30/2016, obtaining a resolution in which said pension was granted. Subsequently, and more than five years after the date of the causative event, he requested the supplement for the demographic contribution established in article 60 of the LGSS, which was denied by the Provincial Directorate of the National Social Security Institute of Cantabria, alleging prescription.
The Social Court no. Against said ruling, the defendant announced an appeal before the Superior Court of Justice of Cantabria, and the appeal was dismissed, according to a ruling dated December 2, 2022, confirming in its entirety the first instance ruling.
Subsequently, an appeal was filed by the legal representation of the INSS and TGSS upon appreciating a contradiction between the appealed sentence and the one issued by the Social Chamber of the TSJ of Cantabria on November 4, 2022, appeal 741/2022.
The Supreme Court considers that not granting the supplement to men from the date of pension application constitutes a violation of the right to equal treatment as contemplated in article 4 of LO 3/2007 of March 22, in line with article 14 of the EC and European Union law as long as the requirements established in the original wording of article 60 of the General Social Security Law, in which the supplement was contemplated only for women, are met.
Likewise, the TS additionally argues that the limitation period could not begin before the ruling of the Court of Justice of the European Union of December 12, 2019, which declared it discriminatory to exclude parents from the demographic contribution supplement.
Furthermore, it is considered that the maternity supplement is accessory to the retirement pension and consequently does not constitute an independent claim. Therefore, if the contributory benefit is requested within the deadline, which does not prescribe, the possible supplements that may arise from it do not prescribe either.
