In Spain there are more than nine million pensioners who charge one Social Security benefit. This organization is also aware that its beneficiaries are up to date with their payments and in the event that they are not, it can take measures.
The law protects you to seize the pension in case there are debts, although it is not done completely, but a part of it is used to be up to date with payments. Or what is the same, it guarantees the pensioner an amount that allows him to live and seizes the rest to pay the debts.
To know the amount that can be seized, you have to look at the
interprofessional minimum wage
, limit for attachments to pensions due to debts. Below that figure, pensions are unattachable.
How much can Social Security garnish the pension
According to Civil prosecution law, article 607 establishes the sections by which the pension can be seized, in the style of the IPRF sections. They are the following:
–From the SMI up to double it, 30% can be seized.
–From double the SMI to triple it is 50%.
–From triple to quadruple, 60% can be seized.
–From the quadruple to the quintuple, 75% can be removed.
–From the quintuple, 90% can be seized.
What happens when the person perceives more than one service or job? In this case, the amount of everything you charge will be added together to determine the amount that can be withdrawn.
And in the event that there are family charges, the percentages vary. They will be 15% lower (except when the SMI is reached five times). When the spouse is not united in separation of property, his money will also accumulate.
When they can not garnish the pension
Despite the fact that the law contemplates that part of the pension can be taken away to pay the debts, there are some exceptions for which Social Security will not be able to seize the pension.
Thus, for example, in article 608 of the law it is explained in relation to the payment of food of the children or the spouse will be a judge Who determines the amount?
Another assumption is refund of amounts unduly collected from Social Security. In these cases, the limit of the embargo on non-contributory pensions is 421.12 euros per month.
In spite of everything, there are some percentages to take into account in Royal Decree 148/1996, of February 5, which regulates the special procedure for the reimbursement of Social Security benefits unduly received:
–Between 21% and 30% when the pension is equal to or greater than half of the maximum pension.
–Between 15% and 20%, when the pension is less than half of the maximum pension and greater than the minimum retirement pension for those over 65 years of age.
–Between 10% and 14% for pensions of a lower amount than the minimum retirement pension.
Likewise, it is specified that if with these seizures the debt is not settled in a total of five years, the percentage could go up slightly to pay off the debt. Even the person has the possibility of increasing these percentages if required.