Plus of gap: 1.1 million pensioners, pending government reform
The Social Chamber of the Superior Court of Justice of the Valencian Community (TSJCV) has first recognized the right to A retired woman to perceive in your pension he gender gap complement by him care of a granddaughterwhich he had for years in family care.
The Valencian High Court thus revokes the sentence issued in May last year by a Elche social court, that He dismissed the demand of the pensioner and confirmed in the first instance the resolution of the National Social Security Institute (INSS).
The right to receive a complement to gender gap in contributory pensions is regulated in the Article 60 of the General Social Security Law (LGSS) that circumscribes it, however, in the care of each son or daughter that the woman had.
The appellant in this procedure, which has two accessories recognized for the care of two children, requested that a third party be applied in her third party for the care of her granddaughter, of which had taken charge under the figure of permanent foster carewith the argument that The situation should be equated with natural or adoptive affiliation.
The INSS denied it in a resolution issued in March 2022 which was confirmed two years later by a court, as reported by the TSJCV in a statement. However, the Social Chamber of the High Court The pensioner has now given the reason, By understanding that this case cannot be excluded from the right to the perception of the complement in question, especially when the applicant, the grandmother, opted for the FAMILY COOKAGE FIGURE to take care of her granddaughter because I could not adopt it because of its ascendant statusas prohibits the Civil Code.
“If the declared purpose of article 60 of the LGSS is to compensate for the parents for the incidence that the dedication to the care of the children could have had in their insurance career, We must conclude that an assumption as the one that is prosecuted in this procedure cannot be excluded from the right to complement“The magistrates point out.
From 1995 to 2021
The sentence of the Superior Court recalls that the applicant “has dedicated himself to the care of her granddaughter as cozy From 1995 to his retirement in 2021“
“The right to the complement that is demanded is not subject to our biological fact legislation, but in the care of children, whether biological or adoptedand what a greater sample of care and dedication than that accredited by the applicant in relation to her granddaughter, with which she could not formalize an adoption relationship for legal impediment, “adds the Chamber.
Likewise, the magistrates allude to the Organic Law 1/1996 of the Legal Protection of the minor, which imposes on the administration “The obligation to recognize the cozy family the same rights that recognize the rest of family units”.
The sentence, which therefore estimates the appeal of supplication presented by the pensioner against the judicial decision issued in the first instance, can be appealed in cassation before the Supreme Court for doctrine unification.
