The Supreme Court has established a way for those over 52 denied by SEPE for not meeting the specific contribution requirement to access the subsidy. The parentheses doctrine allows excluding periods in which the individual could not contribute for reasons beyond their control.
The subsidy for those over 52 is one of the most sought-after benefits by older unemployed individuals. During 2025, an average of 545,393 unemployed people over 50 received some unemployment subsidy, with 84% of them receiving this particular aid. However, access is not automatic: it requires meeting a series of requirements that often lead to denials by the State Public Employment Service (SEPE).
One of the most common reasons for rejection is failing to prove the so-called specific deficiency, which means having contributed for at least two years within the last fifteen. Many unemployed individuals are unaware that there is a judicial interpretation that can relax this requirement: the Supreme Court's parentheses doctrine.
Legal expert Juan Ignacio explained in a recent video that this doctrine allows excluding from the count the time during which the worker could not contribute due to reasons beyond their control. In practice, that period is “frozen,” and the calculation of the fifteen years is rolled back to the moment the obligation to contribute ceased.
For this interpretation to be applicable, the individual must have remained registered as a job seeker continuously, even if they were not receiving any benefits during that time. A prolonged interruption in registration, especially if it exceeds a year, may prevent the application of this doctrine.
The Supreme Court introduced a relevant clarification in March 2026: it is not possible to open multiple parentheses at different times to choose the period that most benefits the applicant. The application of this doctrine depends on the specific circumstances of each case and requires an individualized analysis.
Juan Ignacio recommends that those who have had their subsidy for those over 52 denied due to not meeting the specific deficiency should not automatically give up on claiming. The SEPE's decision can be challenged in the Social Court within 30 days when there are grounds to consider that the parentheses doctrine may be applicable.
The subsidy for those over 52 also requires having exhausted the contributory benefit or an unemployment subsidy, proving at least 15 years of contributions (of which two must be within the last fifteen), having contributed to unemployment for a minimum of six years throughout their working life, and having income below 75% of the minimum wage. It is also necessary to be registered as a job seeker and maintain that registration for the entire time the subsidy is received.
For those affected, this judicial route represents a real opportunity to access a benefit that can be crucial for reaching retirement with a sufficient contribution record. The 30-day period to challenge the SEPE's denial is key, so it is advisable to act quickly and seek legal advice.
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