The reimbursement of unlawful social allowance. The case of Andalucia, between fraud and necessity

Abstract

This work describes the administrative procedure follwed by the Social Security General Treasury, as Management Entity, in order to obtain the refund or reimbursement of allowances unlawfully received by alleged beneficial owners, especially in the case of non-contributory benefits, within the area of Andalusia Autonomous Community. Firstly, it is made a short draft of those common or general aspects in all the autonomous communities, in accordance with the Spanish political structure. Secondly, it is analised some inherent aspects to the non-contributory benefits: what they are, who the profit, how they are bestowed, which their quantity is and how they expire. Thus, it can be valued the incidence in the Andalusia A C regarding the non-contributor benefits as an integral part the Spanish Social Security. Finally, it also deals with the proceedings which are to be followed for the reimbursement of the allowances unlawfully received by the beneficial owners in accordance with the procedure provided by our legal system so that every autonomous community must be a warrantor of both, the appropriate assignment of the allowances, as well as the drawback or reimbursement of the quantities received by the beneficial owners unlawfully, having been originated by mistake made by the Public Administration or due to default, counterfeit or intentional alteration of data by the beneficial owners.