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- Title
Sobre la compatibilidad del incremento del 20% en la pensión de incapacidad permanente total con el percibo de una pensión extranjera.
- Authors
Díaz Mordillo, María Alexandra
- Abstract
The lack of specific regulation regarding qualified total permanent disability has caused the complement to be articulated around the judicial doctrine, both of Spanish courts and of the European Union. One of the main points of friction is that of compatibility with other incomes of the interested party, a difficulty that grows when it comes to pensions caused under the international instruments for the coordination of Social Security systems in which Spain participates. The STJUE of March 15, 2018 (case C-431/16) has unified criteria regarding pensions caused in the European Union, European Economic Area and Switzerland, but its application is not exportable to Bilateral Agreements or the Ibero-American Multilateral Agreement on Social Security. Despite the importance of the change that has occurred, the long-awaited regulatory change that clarifies the innumerable situations that are the subject of litigation has not yet occurred.
- Subjects
SOCIAL security; EUROPEAN Union; PENSIONS; SOCIAL systems; SECURITY systems; EUROPEAN Economic Area; FRICTION; PERSONALLY identifiable information
- Publication
e-Revista Internacional de la Protección Social, 2022, Vol 7, Issue 2, p13
- ISSN
2445-3269
- Publication type
Article
- DOI
10.12795/e-RIPS.2022.i02.02