The Social Security and the Tax Agency have intensified in recent months the claim for refunds of extraordinary aid for cessation of activity granted to self-employed workers during the COVID pandemic. These claims, which in some cases reach 6,000 euros, affect thousands of workers throughout the country and are generating uncertainty among those notified.
A few weeks ago, a reader narrated to La Voz that they were demanding the return of two subsidies granted to her and her husband during the health crisis. In total, the Social Security demands that she return almost 6,000 euros.
Thus, according to Unive Abogados, the response to the courts "begins to mark a clear line in defense of the self-employed", as reflected in specialized media.
According to Carlos Moreno, a lawyer at Unive Abogados Madrid, specialized in the matter and responsible for dozens of procedures throughout Spain, "numerous errors are being detected in the resolutions of the Social Security or of the mutual insurance companies, which often automate the claim without analyzing case by case or adequately motivating the alleged breach".
In his experience, "many of these claims that reach the courts are being annulled, allowing the self-employed to keep the aid they received in the midst of the health crisis".
The main reasons for annulment of the return of money in which justice is endorsed to issue favorable resolutions are: formal defects and lack of individualized motivation by the administration, restrictive and changing interpretations of the applicable legal requirements during the urgency of the pandemic, as well as lack of protection and lack of legal certainty.
