The secret to receiving the Subsidy for those over 52 years old with a full-time permanent contract

A beneficiary of the subsidy for those over 52 years old was able to maintain their assistance despite having a permanent full-time contract, after a long legal dispute. The case, which began in Bilbao, highlights the restrictive interpretation of the SEPE and the correction made by the Superior Court of Justice of the Basque Country.

The conflict arose when, 14 days after receiving the subsidy, the man was hired full-time and requested to combine it with the benefit, according to SEPE's public information. However, the initial response was negative and the payment was suspended.

Why is this case important to workers over 52 years old?

It is crucial because it confirms that the subsidy for those over 52 can be compatible with a permanent full-time contract, even if one is not part of specific employment promotion programs. This represents an opportunity for many who feared losing the benefit upon finding stable work.

What requirements must be met?

Claimants must be over 52 years old and beneficiaries of the subsidy recognized according to the fifth transitional provision of Law 45/2002. The contract must be permanent and full-time, without needing to belong to specific promotion programs.

Which regulation governs this compatibility?

The fifth transitional provision of Law 45/2002 establishes an employment promotion program for those over 52, which according to the Superior Court of Justice of the Basque Country, applies automatically and allows compatibility.

What did SEPE say and how did the Court correct it?

SEPE denied compatibility because it considered it only applied within a specific employment promotion program, and the man was not part of any program. This interpretation was supported by a social court but ultimately overturned by the Superior Court.

What reason did the Superior Court give?

The court argued that the fifth transitional provision itself acts as an employment promotion program for this group, making clear that one does not need to be enrolled in any other program to be able to combine benefits.

When was the right to the Subsidy reinstated?

The Court set the reinstatement of the right from April 24, 2024, the day the man notified SEPE of the contract.

Procedure to request compatibility of the Subsidy with a permanent contract

• Be recognized as a beneficiary of the subsidy for those over 52 years old.
• Have a permanent full-time employment contract.
• Notify the SEPE office of the hiring as soon as possible.
• Formally request the compatibility between the subsidy and the employment.

The compatibility notification must be made as soon as the contract is formalized. In this case, SEPE’s initial response was negative and suspended the benefit, but the Superior Court established that this decision had to be revoked.

1. Verify that the subsidy and contract requirements are met.
2. Formally notify the hiring to the SEPE office.
3. Expressly request compatibility between the subsidy and the contract.
4. In case of denial, file a judicial appeal to defend the right.

• ID or official documentation proving identity.
• Resolution recognizing the subsidy for those over 52 years old.
• Permanent full-time employment contract.
• Proof of notification to SEPE.

Most common errors and how to avoid them

• Not notifying SEPE of the hiring on time, which can cause the suspension of the subsidy.
• Confusing the need to belong to a specific employment promotion program, when the regulation already allows compatibility.
• Not filing a judicial appeal when SEPE denies compatibility.

Remember that the notification must be immediate after hiring. Failure to do so may lead to suspension of the benefit.

The case demonstrates that SEPE's restrictive interpretation can be corrected judicially, and that the fifth transitional provision of Law 45/2002 is key to guaranteeing this right.

Always consult current regulations and, if necessary, seek legal advice to defend your rights against possible denials. The reality is that combining a permanent full-time contract with the subsidy for those over 52 is possible and recognized by the judiciary.