SEPE can deny the subsidy for those over 52 years old who have a special agreement with Social Security, as it considers they are not in a legally unemployed situation.
The State Public Employment Service (SEPE) has tightened the criteria for granting the subsidy for those over 52 years old. Those who have signed a special agreement with Social Security may have their application denied, as the agency interprets that this arrangement does not prove a real unemployment situation.
This aid, one of the most important for long-term unemployed individuals, allows for a monthly benefit while continuing to contribute towards future retirement. However, not all unemployed individuals over 52 years old can access it: the law requires that unemployment be involuntary and that the applicant has no other active contribution pathway.
Requirements to Access the Subsidy for Over 52s
SEPE establishes a series of conditions that must be met simultaneously. The first and most important is to be in a legally unemployed situation. This means that the loss of work must be beyond the worker's control: disciplinary or objective dismissal, completion of a temporary contract, ERTE or ERE, or termination of the contract during the trial period by the company's decision.
Anyone who voluntarily leaves their job does not generate the right to the subsidy, even if they meet the other age or contribution requirements. The special agreement with Social Security, which allows for voluntary contributions, does not equate to effective unemployment, according to SEPE's interpretation.
Additionally, the applicant must be at least 52 years old, have exhausted a previous benefit, meet the requirements for a contributory retirement pension (except for age), have contributed at least 15 years to Social Security (two of which must be in the last fifteen), have a minimum of six years of unemployment contributions, and have no income exceeding the legally established limit.
The Special Agreement: A Trap for Many Applicants
The special agreement with Social Security is a voluntary arrangement that allows those who have stopped working to continue contributing to improve their future pension. However, SEPE considers that those with a special agreement are not in a situation of effective unemployment, as they maintain an active contribution relationship that does not stem from paid employment.
This interpretation has led to many applications being rejected. To avoid this, experts recommend not signing a special agreement while processing the subsidy or, if already signed, cancelling it before applying for the aid. Once denied, an appeal can be submitted to SEPE, although success is not guaranteed.
The amount of the subsidy for those over 52 years old is 480 euros per month (80% of the IPREM) and is received until retirement age, provided the requirements are maintained. During this time, SEPE contributes on behalf of the beneficiary, which improves their future pension.
For those already receiving the subsidy, maintaining a special agreement can also lead to suspension or termination of the aid. SEPE cross-checks data with Social Security to detect these situations and act accordingly.
What to Do If Your Subsidy is Denied Due to a Special Agreement
If SEPE denies the application for this reason, the first step is to cancel the special agreement before appealing. Once cancelled, an appeal must be submitted within one month of the denial notification, explaining that this situation no longer exists.
It is also possible to request a review of office if it is believed that SEPE's interpretation is incorrect. In any case, it is advisable to consult a professional or visit labour information offices. SEPE offers telephone assistance and online appointments to resolve queries.
The subsidy for those over 52 years old is a key support for thousands of unemployed individuals in Spain. Knowing the requirements and avoiding mistakes like the special agreement can make the difference between receiving it or going without.
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