The worker who is unemployed receiving the subsidy for people over 52 years of age, can maintain himself continuously until the moment of retirement. This aid is the only one that counts for the calculation of years that Social Security performs to find out if a worker has complied with the required work time and, therefore, can access a pension. The confusion exists when many citizens want to access early retirement, instead of waiting for the legal age to do so, and they do not know if they can carry out the process or not when they are unemployed.
After the latest reform carried out by José Luis Escrivá, Minister of Inclusion, Social Security and Migrations, the ordinary retirement age in Spain is increasing. Little by little, workers will have to be older to qualify for it, until they reach 67 in 2027. Currently, in 2023, it is possible to retire at 65 if they have reached 37 years and 9 months . are quoted or more. However, those who do not reach this limit must wait until 66.
Can the unemployed have an early retirement?
Until recently, workers who are unemployed and receiving the unemployment benefit for people over 52 years of age had the obligation to access early retirement and stop receiving the aid once they met the necessary conditions for it. (age, time quoted). However, with the modification of the regulations, this is no longer the case. Now it is the worker himself who decides which modality he chooses for his retirement: early or ordinary.
In this context, the unemployed worker who receives the Social Security subsidy for people over 52 years of age can wait until the legal age for retirement. In this way, he will be able to receive 100% of his pension, without his compensation being penalized. If, on the contrary, the citizen decides, upon meeting the requirements, to access the advance, he may do so with the corresponding loss of the regulatory base of his amount.
Retirement of unemployed who receive subsidy
The legislation in force until March 12, 2019 indicated that an unemployed person who would be receiving the subsidy for those over 52 years of age, was obliged to accept early retirement at the moment in which he could legally do so. This condition meant a loss of rights for the citizen, since his pension was diminished.
As stated in the new article 277.3 of the General Social Security Law (LGSS): !(…) until the worker reaches the ordinary age required in each case to cause the right to a contributory retirement pension!. In this way, the worker is allowed to decide.
Early retirement can be advanced two or four years with respect to the legal age indicated for it. As long as a series of requirements are met, the worker may opt for different modalities:
How to apply for unemployment benefits for people over 52 years of age?
The unemployment subsidy for those over 52 years of age requires different requirements that the citizen must meet. The first of them is to be 52 or older, but it is not the only one. The interested party must appear registered as a job seeker for one month from the end of the benefit that he was receiving until then.
In addition, you must meet the requirement of lack of own income, that is, the monthly income cannot exceed 75% of the Minimum Interprofessional Salary (SMI), or what is the same, 810 euros (updated to 2023). The difference with other benefits is that, in this case, the income of all the members of the family unit (such as spouses or children) is not taken into account, as reported by the SEPE.
