Malaga pensioner spared 23,000-euro disability benefit repayment after court ruling

Judges found the claimant had kept authorities informed of changes to his circumstances and had acted in good faith throughout the period under review

Susana Zamora

A pensioner in Malaga will not have to repay more than 23,000 euros in disability benefits after the High Court of Justice of Andalucía ( ... TSJA) ruled that the overpayment resulted from an administrative error rather than any wrongdoing on his part.

The court found that requiring the man to repay 23,139.65 euros would place "a disproportionate burden" on someone who had acted in good faith and complied with his obligation to notify the authorities of relevant changes in his circumstances.

The ruling partially overturns a previous judgment that had fully backed the Andalusian regional government's decision to suspend the man's non-contributory disability pension and recover the money. While the court upheld the termination of the benefit going forward, it cancelled the reimbursement proceedings.

The case stems from a 2023 decision by the Territorial Delegation of Social Inclusion, which suspended a disability pension the claimant had been receiving since 2014. The administration also determined that he had received 23,139.65 euros to which he was not entitled and launched proceedings to recover the funds.

The dispute centred not only on the loss of the benefit but also on whether the pensioner should be required to repay money he said he had received without concealing information or breaching reporting obligations.

All obligations fulfilled

During the appeal process, it was established that he had informed the administration of any relevant changes to his living arrangements, marital status, residence and financial circumstances over the previous four years that could affect his entitlement. The TSJA accepted this as part of the proven facts of the case.

The judges then considered legal principles arising from the so-called Cakarevic doctrine and subsequent Supreme Court rulings, which limit the recovery of benefits when an overpayment is solely the result of administrative error.

The court concluded that the administration had all the information necessary to review the claimant's situation and that he had fulfilled his reporting obligations. The judgment states that "the error was solely attributable to the administrative authority" and that such mistakes should not be corrected at the expense of the citizen, particularly where there was no concealment or fraudulent conduct.

Judges also noted that the money had been used to cover essential living needs. They ruled that forcing the pensioner to repay more than 23,000 euros would represent a disproportionate burden and that the administration must bear the consequences of its own error.