Large families of special category will continue to be as one of the children meets the conditions of age, coexistence and dependence of the parents that the law requires. This is established by a ruling of the Supreme Court that resolves the case of a family with four children, one of them a minor and with a degree of disability of 33%, to which the Junta de Andalucía had reduced the title of "special category" to "general category" when the oldest child turned 25 years old. This ruling could benefit the 18,520 large families of special category with disabled children that are currently in Spain.
Both the High Court of Justice of Andalusia and the court of the Contentious-Administrative 7 of Seville, annulled the administrative resolution of the Council of Equality and Social Policies of the Board that downgraded the family because "it could be discriminatory for brothers minors of the family nucleus ".
The Junta de Andalucía decided to file an appeal for cassation before the Third Chamber of the Supreme Court, which now rejects it. The sentence, which has been speaker Second Judge Menéndez Pérez, establishes how to interpret Article 6 of the Law on Protection of Large Families. According to this section of the legislation, the title is maintained although the number of children who meet the conditions to be part of it is less than the concept of a large family. The Supreme clarifies with this ruling that the category must also be respected.
The magistrates argue in the ruling that depriving a family of the special category when one of the children turns 25 years old would mean discrimination for the minor children that generated the right to the title of "numerous" for the family. In addition, the judges explain in the ruling that with this ruling they reinforce the reform of the Law for the Protection of Large Families of 2015, which was intended to "accommodate the effective situation of families."