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Pensioners and Spanish Pensions

Subject: Repayment of unduly received benefits

  • Repayment of unduly received benefits

    • What happens with outstanding debts resulting from the improper collection of benefits, if the pension is cancelled due to the death of the entitlement holder?
      Category: Pensioners > Subject: Repayment of unduly received benefits

      The general procedure will be followed, as a result of which it will have to be declared by a decision or agreement with the competent body, reviewing any acts in which this might have been previously declared, communicating the return to those people obliged to pay and other interested parties.

      When the decision is final having exhausted administrative procedures, the TGSS will then take charge urging the persons responsible to pay the amount to be returned through the relevant debt claim.

      Claims not to be referred to the TGSS are final decisions being dealt with administratively in which the legitimacy of returns that do not exceed 20% of the monthly IPREM  is declared, as a result of being a "donatio mortis causa" (gift caused by death).

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    • When does the obligation to repay the benefit amounts unduly received by the recipient expire?
      Category: Pensioners > Subject: Repayment of unduly received benefits

      The obligation to return pensions amounts unduly received will expire after 4 years, starting from when the money was received, or from the time it became possible to carry out an action to demand its return, regardless of the cause of the wrongful receipt, including cases of benefit reviews due to errors made by the Management Body.

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    • When is the general procedure established for repaying a debt contracted by a pensioner due to undue collection of pensions applied?
      Category: Pensioners > Subject: Repayment of unduly received benefits

      If it is not possible to apply the special procedure, by means of which the management body applies discounts to benefits it pays, as well as when, having applied the procedure, it is not possible to make the necessary deductions to cancel the debt in the maximum time frame expected due to the death of the debtor, cancellation of the benefit that they were receiving or for any other cause.

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