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HomeLatest NewsThe embargo of pensions arose from the body that claims the debt

The embargo of pensions arose from the body that claims the debt

Date: March 29, 2024 Time: 19:29:30

When public entities detect debts in their arcades, they do not hesitate to use the payroll of the corresponding taxpayer. The same happens when the citizen who has not complied with the payment of his quotas is a pensioner. Thus, the beneficiaries of a contributory pension can also suffer the embargoes of the Tax Agency, if they have an overdraft with this body, and see the monthly payment they receive diminished. However, as stated by the State Tax Administration Agency, there is a minimum that, in principle, cannot be boarded.

What is that figure from which they can start to support money? The first thing that should be clarified is that neither the General Treasury of Social Security (TGSS) nor the Treasury keep the full amount to be received, but it is possible that pensioners see their monthly payments reduced until they settle their debts with the Agency.

Benefits of all kinds can be intervened: retirement, permanent disability, widowhood, orphanhood and in favor of relatives. Although the amount depends on the money that each recipient receives, as established by Law 1/2000, of January 7, on Civil Procedure (LEC): “The salary, salary, pension, compensation or its equivalent, which does not exceed of the amount indicated for the Minimum Interprofessional Salary (SMI)”. In 2022, the SMI rises to 1,000 euros gross per month, divided into 14 payments, or 1,166.67 euros in 12 payments, after increasing the SMI to 965 euros gross set for the year 2021. An amount that Predictably, it will increase in 2023 to 1,082 euros, following the forecasts estimated by experts from the Ministry of Labour.

They can get to board up to 90% of the pension

Article 607 of the LEC establishes that the seizure of amounts that exceed the SMI is allowed, taking into account the sections regulated by law. In addition, the rule grants the court clerk the possibility of applying a reduction on the seizable amounts of between 10% and 15% of the percentages of the first four seizable tranches. This is done based on the family responsibilities of the affected person.

SMI (1,000 euros per month in 14 payments in 2020): unseizable. From 1,000 euros to 2,000 euros: 30% seizure. From 60%. From 4,000 euros to 5,000 euros: 75% seizure. More than 5,000 euros: seizure 90%

By way of exception, the non-payment of alimony can also cause embargoes. In this case, there is no minimum wage limit and it is the court that is in charge of setting the amount that can be withheld when there are debts with the children.

Said criterion was unified last May, after a resolution of the Central Economic-Administrative Court (TEAC) and is already being applied by the Treasury and the courts of Spain. However, the General Treasury of Social Security still applies its internal regime. So, in the months in which the worker or beneficiary received, in addition to the ordinary salary, salary or pension, the extraordinary pay, the general rules apply, subtracting the amount of the SMI from the total received and applying the non-attachable scale. What has changed on the part of the General Treasury is that the amount to be seized will be for a minor import.

The body is governed by the report of the General Directorate of Social Security Regulation of February 20, 2018. So that everything that is below 2,000 euros will be unseizable in the months of June and November, dates on which Extra payments are received. In summary, the pensions that are below 1,000 euros will be shipped (or not) depending on the organization that claims.

What pensions cannot be boarded?

There has been talk of contributory pensions, but there is another modality in which it will never be possible to withhold money: non-contributory pensions. The competence of these belongs to the Institute for the Elderly and Social Services (Imserso) and is summarized in two: retirement and disability, which are charged when people have not contributed enough to receive one from Social Security. In fact, the main reason why they cannot be seized is because their monthly amount barely reaches 50% of the SMI: the minimum non-contributory pension is set at 421.4 euros per month.

Last July 2022, the Government of Spain applied a 15% increase in this type of benefits that has recently been extended for the year 2023. An amount that represents an average of 72 euros more per month, going from 484 to 556 euros per month and 7,800 euros per year. For the treasury arcades, it will mean an additional outlay of 400 million euros compared to 224.10 million the previous year. However, they still do not touch the minimum wage and, therefore, are exempt from embargoes.

* This website provides news content gathered from various internet sources. It is crucial to understand that we are not responsible for the accuracy, completeness, or reliability of the information presented Read More

Puck Henry
Puck Henry
Puck Henry is an editor for ePrimefeed covering all types of news.
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