Maternity accessories for men

It is now possible to process a claim for maternity supplement in favor of men who have accessed a pension for retirement, widowhood or disability

Are you a parent of two or more children and retired between 2016 and 2021? You may be entitled to the maternity supplement

In 2019, the Court of Justice of the European Union considered discriminatory the law that excluded men from the maternity supplement regulated in article 60 of the General Social Security Law.

The Supreme Court has established that the maternity supplement created in 2016 and which was only granted to women must also be granted to men, with retroactive effect. Thus, retired fathers with two or more children between 1 January 2016 and 3 February 2021 can claim the maternity supplement and recover up to a maximum of 21,000 euros.

What requirements must I meet?
First of all, you must be the parent of two or more children, whose age is irrelevant.

In addition, you must have been granted a contributory pension from Social Security between January 1, 2016, and February 3, 2021. The pension may be for ordinary retirement, early retirement for reasons not attributable to the worker, widowhood, or permanent disability.

What increase will be applied to me?
A percentage will be added to your pension depending on the number of children.

In the case of 2 children: 5 % of the pension.

In the case of 3 children: 10 % of the pension.

In the case of 4 or more children: 15 % of the pension.

How to claim it?
If you were not a civil servant, you must first submit an application to the INSS, which will have 3 months to decide. Afterwards, if they do not give you the reason, you must submit a prior administrative claim. Finally, you will need to file a claim before the Social Court.

If, on the other hand, you were a civil servant, we will begin by filing a claim with the General Directorate of Social Security Management (General Subdirectorate for the Management of Civil Servants). If our claim is denied, it will be necessary to file an optional appeal for reconsideration prior to the administrative appeal before the General Directorate of Social Security Management. Finally, if the appeal for reconsideration is also denied, it would be necessary to resort to the judicial route and file the administrative appeal before the High Court of Justice.

What documentation is required?
We must attach the following documents to the application:

– Copy of your ID

– Resolution of the National Institute of Social Security (INSS) recognizing your pension with the calculation of the amount of the benefit

– Family book or birth certificate of your children