Social Security has appealed a ruling that recognizes the minimum vital income with its full amount to a homeless person, Daniel, 63 years old. The INSS had given Daniel a grant of 253 euros per month and a social court in Barcelona recognized his right to the total benefit, of 461.5 euros per month after the complaint of the affected person, defended by the Colectivo Ronda cooperative. The Social Security confirms the appeal before the Catalan Supreme Court and explains to elDiario.es the reason for the challenge. Daniel requested the IMV taking advantage of the clause that allows access to the aid taking into account the income of the current year and not the previous one for “cases of economic vulnerability that have occurred during the current year.” In 2019 Daniel received about 2,700 euros in the year, but in 2020 he had no income and had stayed on the street. Social Security explains that Daniel cannot avail himself of this exceptional clause because it only applies to people who were not entitled to the IMV with the income of the previous year and yes with those of the current year, something that does not happen in this case.
The Government proposes an aid of 50 euros per month per child for families in poverty
The Social Security explains that although there is an exception that allows access to the IMV taking into account the income of the current year, “the purpose of this provision is to recognize the benefit in case of vulnerability situations that did not exist in the previous year, but yes produced during the current year “. Therefore, “this exceptional rule can only be applied if with the income of the previous year it is not possible to recognize the right,” the INSS responded to questions from this medium.
Daniel had very limited income in 2019, specifically “2,660.47 euros” in the year, so he was already entitled to access the minimum vital income. Specifically, the INSS awarded him 253.16 euros a month of minimum rent.
“In this case, the income to be taken into account during the year 2019 did allow the recognition of the IMV, so they are the ones that were taken into account to quantify the benefit. We resorted because we understand that it is the only possible interpretation of this precept” , they respond in the INSS.
Access to the IMV with income for the current year
“Well, they did not allege that argument in the trial,” replies Miguel Arenas, Daniel’s lawyer from the Colectivo Ronda cooperative. Arenas considers that, as recognized by the magistrate of the Social Court number 28 of Barcelona, Daniel has the right to receive the entire IMV –461.5 euros per month– and does not share the “restrictive” criterion of Social Security to be eligible for the access clause to the IMV based on the income of the current year.
To receive the minimum vital income, in general, the applicant’s income from the previous year is taken into account. This was a reason for discussion between the Ministry of Social Security and the Vice-presidency of Social Rights during the design of the aid: the first advocated for taking into consideration the income of the previous year, of which the Administration has more detail and can verify better, and the second bet on considering the income of the current year, to face the updated situation of the applicants for the aid.
Finally, the Government approved that the access of the IMV take into account the income of the previous year, but regulated an exceptional clause that allowed access to the benefit taking into account the income of 2020 (the current year at that time). The measure was designed above all to alleviate the consequences of the crisis caused by the pandemic, which pushed many people into a situation of sudden need.
The exception, regulated in the third transitory provision of the decree that regulates the minimum vital income, was later adapted to have effects beyond 2020 and allows you to benefit from it with the income “of the current year”.
Specifically, the provision reads the following: “Exceptionally and when they are not beneficiaries of unemployment benefits or subsidies, and for the exclusive purposes of calculating income, applications may be submitted until December 31, 2021 in those cases of economic vulnerability that are have been produced during the current year “.
The supervening need is alleviated only in some cases
According to the criteria explained by Social Security as a result of Daniel’s case, if he is entitled to the IMV according to the income of the previous year, the applicant cannot request the income based on the income of the current year even if he has faced a worsening of your situation. This is what happened to Daniel. “Before his company closed and he ended up without work and evicted from his home, he obtained income from work worth 2,660.47 euros during that year (2019),” they explain in Colectivo Ronda. In 2020, his income that appears on the income tax return was “zero” and the social services of Barcelona proved that he was “homeless” and that he was spending the night “on the street.”
Miguel Arenas considers that the text of the transitory provision should give access to situations of sudden vulnerability such as the one reflected in this case. “The provision is already very restrictive in itself,” considers the lawyer, who recalls that it places more requirements on access than for the rest of the applicants.
Social Security has declared in its judicial appeal that it will pay Daniel the minimum vital income for the maximum amount while the Supreme Court resolves the appeal. “But the Social Security has the prerogative that allows to pay the arrears when the sentence is already final,” recalls the lawyer. As declared by the social court number 28 on May 14, Social Security owes Daniel 208 euros per month from June 1, 2020. A total of 2,292 euros for the eleven months that go until the sentence. At the moment, the man is in “a social network that gives him accommodation,” explains his lawyer, but he does not have a job or a home of his own.