The Superior Court of Justice of the Valencian Community rules in favour of a retiree who received 20,621 euros from the subsidy for those over 52, considering that the error was on the part of the Administration and that demanding repayment would be disproportionate.
A Valencian retiree will not have to repay the 20,621.48 euros that the State Public Employment Service (SEPE) claimed from him for having improperly received the subsidy for those over 52. The Superior Court of Justice of the Valencian Community (TSJCV) has annulled the ruling that required him to repay the amount and has exempted the beneficiary from any payment, considering that the error was attributable to the agency itself and that claiming repayment would impose a disproportionate burden on someone who acted in good faith.
The SEPE recognised the subsidy and then revoked it
The events date back to May 2019, when the SEPE granted the worker the subsidy for those over 52. The beneficiary received it for almost four years, until March 2023, when he retired. During that period, he received annual amounts ranging from 4,618.22 to 5,163.24 euros, totalling 20,621.48 euros that are now being claimed.
However, after a review of the file, the SEPE detected that the retiree did not meet one of the key requirements: he only had 1,930 days of unemployment contributions, well below the six years (2,190 days) required by the regulations. Therefore, the agency revoked the benefit and demanded the full repayment of what had been paid.
The European doctrine that protects the citizen in good faith
The case reached the Social Court number 16 of Valencia, which initially ruled in favour of the SEPE and ordered the retiree to repay the amount. But the affected party appealed to the TSJCV, arguing that he had acted in good faith, that he had not concealed information, and that it was the SEPE itself that reviewed his documentation before granting him the aid.
In his appeal, the retiree invoked ruling 1186/2024 of the Supreme Court and the doctrine of the European Court of Human Rights in the Čakarević case of 2018, which establishes that administrative errors should not be transferred to the citizen when they have acted correctly. The Social Chamber of the TSJCV upheld the appeal and annulled the previous ruling, concluding that the error lay with the SEPE, which had all the information to verify the requirements before granting the aid.
The court also emphasised the assistance purpose of the subsidy, designed to protect those over 52 who are unemployed, and considered that claiming the repayment of 20,621.48 euros would impose a disproportionate burden on the retiree, who acted in good faith and without any fraud or false declarations.
What this ruling means for other beneficiaries
This ruling sets an important precedent for the thousands of beneficiaries of the subsidy for those over 52. In 2025, an average of 545,393 unemployed people over 50 received some unemployment benefit, a 4.7% increase from the previous year, according to SEPE data. Of these, 84% corresponded to the subsidy for those over 52, reflecting the weight of this aid in the social protection system.
The amount of this benefit is equivalent to 80% of the IPREM (about 480 euros per month in 2025) and is received until the ordinary retirement age is reached, while the SEPE contributes for retirement at 125% of the minimum base. The requirement of at least six years of unemployment contributions is one of the most controversial, and this ruling reinforces the idea that if the SEPE makes an error in granting the aid, it cannot then demand repayment if the beneficiary acted in good faith.
For those affected by similar claims, the TSJCV ruling opens the door to appeal based on the doctrine of administrative error and good faith. Experts recommend keeping all documentation and, in case of receiving a claim from the SEPE, seeking legal advice to assess whether this criterion can be applied.
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