Compatibility between a Total Permanent Disability Pension and the Unemployment Subsidy for Persons Aged 52 and Over

Commentary on Supreme Court Ruling No. 971/2025, of 21 October

Abstract

The Supreme Court Ruling of 21 October 2025 draws a distinction between direct qualifying periods relating to unemployment protection and derived qualifying periods linked to the retirement pension. It concludes that the requirement to evidence “all requirements save age” refers in full to the general qualifying period laid down in Article 205(1)(b) of the General Social Security Act, so that all contributions across the claimant’s entire insurance record may be taken into account, including those accrued prior to the award of total permanent disability (TPD). Accordingly, the Court rejects the extension of restrictive case law developed for contributory unemployment benefit –under which the qualifying period could be met only by contributions paid after the declaration of TPD– and affirms that a TPD pension may be compatible with the unemployment subsidy for persons aged 52 and over, provided that the terminated employment was compatible with the claimant’s TPD status and that the income thresholds and other statutory requirements are satisfied. From a systematic and social-protection policy perspective, this commentary emphasises that the judgment strengthens the subsidy’s role as a “bridge to retirement”, reduces pockets of non-coverage affecting older persons with disabilities, and requires the State Public Employment Service and the National Social Security Institute to review administrative criteria excluding contributions accrued prior to TPD. It also opens avenues for further doctrinal reflection, including through the lens of equality and non-discrimination.