The SEPE has warned that it can deny the subsidy for those over 52 to those who have a special agreement with Social Security, considering that they are not in a legal unemployment situation.
The State Public Employment Service (SEPE) has issued a warning that directly affects those over 52 who have a special agreement with Social Security. This arrangement, which allows for maintaining contributions for retirement or other benefits, may be incompatible with the subsidy for those over 52. According to the agency, having this agreement may lead to considering that the applicant is not in a legal unemployment situation, one of the key requirements to access the aid.
Why does the special agreement make the subsidy incompatible?
The SEPE requires that beneficiaries of the subsidy for those over 52 prove that they are effectively unemployed. A special agreement with Social Security, which allows for voluntary contributions, can be interpreted as a simulated work activity or a link that distances the applicant from the status of unemployed. Thus, if a person has this agreement, the SEPE could deny their application or even withdraw the subsidy if they are already receiving it.
The key is that the special agreement does not cover unemployment benefits. As explained by sources from the SEPE, this agreement only maintains contributions for retirement, widowhood, or orphanhood, but does not entitle one to unemployment subsidies. Therefore, having it is not a substitute for unemployment nor does it allow access to the aid.
Conditions to access the subsidy for those over 52
To apply for this subsidy, the worker must have lost their job involuntarily. This includes disciplinary or objective dismissals, the end of a temporary contract without renewal, an ERE or ERTE, or the termination of the contract during the trial period at the company's decision. Those who voluntarily leave their position will not be able to access the aid.
In addition, other requirements are demanded: being at least 52 years old, having exhausted a previous benefit or being in a legal unemployment situation, having contributed a minimum of 15 years to Social Security (with at least two years in the last 15), and proving 6 years of unemployment contributions throughout their working life. It is also necessary not to exceed the income limit established by law.
Recommendations for those affected
Experts advise those over 52 who have a special agreement to review their situation before applying for the subsidy. It is advisable to choose one of the two options: maintain the agreement or apply for SEPE aid, but not both. If one is already receiving the subsidy and signs a special agreement, the SEPE could claim undue payment.
The agency reminds that compatibility only occurs if the special agreement was signed before applying for the subsidy or if it is demonstrated that the person remains in an effective unemployment situation. In case of doubt, it is best to consult with SEPE offices or a labour advisor.
“The special agreement is not a substitute for unemployment. It does not entitle one to receive SEPE subsidies,” warn sources from the agency.
This warning comes at a time when many over 52 are resorting to the special agreement to avoid losing contributions for retirement, without being aware that it may block access to the subsidy. For those who meet all the requirements, the monthly aid can be a financial relief while searching for employment, but it is crucial not to incur incompatibilities.
The SEPE recommends that interested parties properly document their employment situation and that, if they have doubts, they seek information before submitting the application. Losing the subsidy can mean a severe economic setback for those who are already receiving it.
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