Date of effect of the maternity allowance (for men). A review of judicial doctrine

Abstract

The Judgment of December 12, 2019, of the CJEU has caused the demands of male pensioners to multiply, claiming the maternity supplement, with judgments in which said claim is estimated, but which differ in the date of recognition effects, ranging between the initial date of the pension, that of the request for the supplement, 3 months before the request, or 3 months before but with the limit of the publication of the CJEU. All this jurisprudence is reviewed and systematized in this study, detailing the casuistry contemplated in them, in addition to analyzing the rules introduced by RD-Ley 3/2021 regarding the validity of the maternity supplement. The conclusion that is obtained is that the doctrine of the CJEU should be extended to the claims produced since 2016, but the economic effects should only be traced back up to 3 months before the request.