Return of benefits that were unduly collected
The National Social Security Institute may review ex officio, to the detriment of the beneficiaries, actions relating to the minimum vital income benefit, provided that this review is carried out within the maximum period of four years following the unchallenged administrative decision. In this case, it may also declare and demand ex officio the return of benefits that were unduly collected.
The managing entity may at any time correct material or factual errors and arithmetic errors, as well as reviews motivated by finding omissions or inaccuracies in the beneficiary's declarations, and also claim any amounts that were unduly collected for this reason.
In cases other than those indicated in the above paragraphs, reviews to the detriment of the beneficiaries shall be carried out in accordance with Act 36/2011, of 10 October, regulating Social Jurisdiction.
When a resolution is issued to terminate or change the amount of the benefit as a result of a change in the circumstances that determined its calculation and when there is no right to the benefit, or the amount to be received is lower than the amount paid, beneficiaries shall be obliged to return the amounts unduly collected according to the procedure established in Royal Decree 148/1996, of 5 February, regulating the special procedure for the reimbursement of unduly collected social security benefits, and in Royal Decree 1415/2004, of 11 June, approving the General Social Security Collection Regulation.
Beneficiaries and all persons who participate in fraudulently obtaining a benefit by facts, omissions, legal business or actions shall be jointly and severally liable for returning unduly collected benefits. Individuals jointly and severally liable may be required to pay the principal, surcharges and interest which must be demanded of the first person liable, and for all costs generated by collecting the debt.
In the above cases, if the debt is not paid within the voluntary payment period, the relevant surcharges shall be applied and late payment penalties shall accrue, notwithstanding that the latter are only enforceable during the executive collection period. In the cases determined by regulation, the manging body may agree to offset the debt with the monthly minimum vital income up to a certain maximum percentage of each monthly payment.