A recent report by the Ombudsman highlights that Social Security is failing to adhere to the required pre-notification duties for the return of social benefits and the justification for such decisions. The legal limits on compensation and citizen defense guarantees are not being respected, prompting a demand for legislative review.
This revision aims to address longstanding practices that, despite numerous warnings, persist in the collection of social benefits paid by Social Security and are fundamentally harmful to individuals’ rights.
The report’s foundation lies in complaints from Social Security beneficiaries who were asked to repay benefits received years ago, or whose unemployment benefits, family allowances, or pensions were suspended or reduced without prior notice or explanation.
The Ombudsman notes that Social Security merely informs citizens, often after the legal deadline for revoking administrative actions retroactively has passed, demanding the return of paid amounts without explaining the reasons behind these demands.
This approach prevents individuals from understanding the issue, exercising their right to contest, or claiming the (frequent) statute of limitations for repayment obligations.
Instances were also noted where Social Security automatically and immediately compensates without explanation, thus denying citizens the opportunity to pay voluntarily or request installment payments.
Examples include the unexplained reduction of a pension granted in 2023 to compensate for a 2014 debt and unannounced cuts in illness benefits in 2021 and 2022 to offset debts from 1997 and 1999.
The report highlights cases where compensation and benefit suspensions violated minimum subsistence limits established by law, a particularly severe issue when such benefits constitute the sole source of income for the affected individuals. The Ombudsman emphasizes this as a violation of fundamental guarantees outlined in the Constitution and the Administrative Procedure Code.
The Ombudsman stresses that public administration actions must be guided by justice, transparency, and respect for the rule of law, with particular attention to individuals relying on social benefits for their subsistence.
IMA // FPA
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