The maternity supplement, recognized as a right for male pensioners, can mean a significant increase in their monthly income. This benefit, initially intended for women, is now also applicable to men who meet certain requirements, according to recent court rulings.
A precedent-setting case
The Social Court number three of Logroño has recognized a pensioner’s right to the maternity supplement with retroactive effect from 2017. This ruling has not only allowed him to recover 12,957.74 euros, including accrued arrears and compensation for moral damages, but also to increase his monthly pension by 5%.
The claimant, a father of two daughters, requested this supplement in 2023, but his request was initially rejected by the National Social Security Institute (INSS). After a judicial process, the INSS recognized his right extraprocedurally, compensating the arrears and adjusting his pension for life.
What is the maternity allowance and who can apply for it?
The maternity supplement is a benefit that increases pensions by a certain percentage for each child, designed to compensate for the impact that parenting has on working life. Following a ruling by the Court of Justice of the European Union (CJEU) in 2019, this right was also extended to men, under the principle of equality and non-discrimination. To be eligible, it is necessary to have had at least two children and to be receiving a contributory pension, such as retirement, widowhood or permanent disability. In addition, the application may include arrears accumulated since its entry into force, in 2016, depending on the case.
How to start the claim process
The first step is to verify if you meet the requirements to access the supplement. If the INSS rejects the application, it is possible to file an administrative claim. In case of explicit refusal or administrative silence, you can go to court to enforce this right. Diego Lahuerta, director of Unive Abogados in Bilbao, highlights the importance of these rulings: “We encourage all pensioners in similar circumstances to review their situation and claim what they are entitled to. These cases reinforce the obligation of public administrations to guarantee equal treatment”.
A benefit that can change lives
In addition to the increase in the pension, court rulings have also established compensation for damages caused during the claims process. In this case, the pensioner received €1,800 as compensation for the damages suffered, setting a precedent for others affected. This recognition of the maternity allowance not only relieves the economic burden on pensioners, but also reinforces the principles of equality before the law, obliging institutions to fulfill their responsibilities.
