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Return of undue payments
Those who are obligated to contribute or to pay other debts to the Social Security are entitled to the complete or partial return of any payments made in error.
The amount returned includes the interest for delay from the date when the payment was made to the General Treasury of the Social Security up to the date of the proposal for its return.
Contributions or resources paid in for malicious reasons will not be returned.
If the return is to a person who is in debt to the Social Security or has been granted an extension or moratorium, the amount returned will be applied to the pending debt or repayment (except in the case of a debt with a generic guarantee).
Requests for returns should be made to the local Social Security Administration office of the person obliged to pay. If the management of the case is the responsibility of one particular office, this is the office empowered to make the return.
Workers in the Special Schemes for: Self-Employed Workers, Agricultural Employees, Self-Employed Sea Workers, Domestic Employees (heads of household and intermittent workers) and Special Agreements, may request the reimbursement of their contributions through the Electronic Office >Citizens > Services with a Digital Certificate and/or Services with a SILCON certificate > Return of Contributions.
They can also check the processing status of their application through this service. In order to access this service you need to have an electronic D.N.I or Digital Certificate.
Employers must request the return of their part of the payment as well as that of their workers from the General Treasury of the Social Security, and pass it on to the workers when they have received it. However, employees can request the return of their contributions directly from the Treasury General if the company no longer exists or if the employer has refused to request the return of their money.
The right to the return of contributions expires four years from the day following the date on which the payment was made.
| Document | File Download | Format | Size | Date |
|---|---|---|---|---|
| tc-13-1 |
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202 kb | 03/11/2010 |
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