A Spanish woman who had been receiving a non-contributory disability pension since October 2011 found herself facing a demand for the return of 17,701.13 euros after her son left home in July 2019. The change in household composition meant that the annual income of 13,130.84 euros exceeded the limit of 9,329.60 euros applicable to the new situation. The pensioner only reported the change to Social Security in February 2020, about seven months later.
The Extremadura Administration, however, only decided to terminate the pension in June 2022, almost two and a half years after receiving the information. The decision took effect from August 2019 and demanded the return of benefits paid until May 2022. Spanish legislation establishes, as a general rule, the obligation to return amounts improperly received, even when the error is attributable to the managing entity.
The Superior Court of Justice of Extremadura considered, however, that it was disproportionate to hold the woman responsible for the entire period. It distinguished between the beneficiary's delay in reporting the son's departure and the Administration's subsequent delay in acting after receiving the information. The debt was reduced to 3,144.40 euros, covering only the period between August 2019 and March 2020. The Supreme Court confirmed the decision in January 2026, rejecting the Administration's appeal on procedural grounds.
The decision was based on the Čakarević doctrine, derived from European Court of Human Rights jurisprudence, which requires weighing the specific circumstances before demanding the return of overpaid benefits. The article notes that the Portuguese system, provided for in Decree-Law No. 133/88, also establishes rules on the restitution of improper payments and protection mechanisms in collection, such as suspension for people with low incomes, but does not allow the conclusion that an identical case would have the same outcome in Portugal.
