Overview

• The Social Chamber of the TSJCV overturned an Elche labor court decision and an INSS denial that had rejected the claimant’s request.
• Judges recognized permanent foster care by an ascendant as equivalent to filial care for purposes of the Article 60 pension complement.
• The ruling orders the National Social Security Institute to pay the supplement retroactively from August 30, 2001.
• The court noted the grandmother cared for her granddaughter from 1995 until her retirement in 2021 and could not adopt due to a Civil Code bar on ascendant adoption.
• Magistrates cited Spain’s 1996 Child Protection law, which requires equal recognition of rights for foster families, and the decision can be appealed in cassation to the Supreme Court.