The control of «fair use» subsidy for temporary disability: The assumptions of loss or suspension

Abstract

Currently, temporary disability (TD) is one of the most challenging and important benefits that exist in our legal system. So much so that since recent years, continued regulatory fro movements that have occurred have not hesitated to complicate any time, whether there was more, the existing landscape. What has gone so far as to turn this contingency in the spotlight of our doctrine and jurisprudence, mainly because of its complex structure, regulation chaotic and controversial interpretation.

One of the most controversial issues contained in this challenge is, without doubt, that referred to the «loss or suspension of law» regulating the current article 132 of the General Law on Social Security. At first glance, the lack of correlation provides the wording of this provision with its development itself and gives clear demonstration of the difficulties in practice presents the same. And this, not to mention the constant referrals to other legislation must perform this articulated to try to regulate this matter, which together with the endless doctrinal and jurisprudential interpretations turns this into a subject difficult to interpret.

In this sense, the new Law 35/2014, of December 26, approving the revised text of the General Social Security Act in relation to the legal regime of the Mutual of Accidents and Occupational Diseases amending Social Security has introduced important changes in the legal regime of the now called Mutual Collaborating with Social Security that affect, in a relevant manner, control activities and monitoring of TD processes down for common contingencies that may carry out these private entities. And, not only can manage mutual economic benefit in these cases, but also decide on denial, suspension, cancellation and termination of subsidy TD.