The administrative procedure for recognition and re-examination of dependant benefits: special reference to the competent jurisdiction

Abstract

The present paper analises the administrative procedure that recognizes and re-examines the right to dependent benefits, pointing out the different possible solutions in accordance with the legal nature that we confer to these benefits. That is depending on whether we consider that they are social security benefits or that they constitute an independent public system of protection. To this end, first of all we analise the real legal nature of these benefits in order to determine whether they belong to the protection offered by the public social security system or not.

As opposed to the exiguous precisions of the specific national regulation on this matter, and the diverse and divergent laws of the different autonomous regions, that will also be studied in detail, this paper articulates a system that is capable to offer minimum guarantees to the beneficiaries, through the supplementary application of the Common Administrative Procedure Law (30/1992), as well as the regulation and jurisprudence on Permanent Disability pensions and benefits. In this manner we try to explain fundamental questions such as whom is legitimized to initiate the procedure; the specific responsibilities of the beneficiaries regarding to the information they must provide both at the moment of application and throughout the whole period of benefit; the term to issue the final resolution; the consequences of the administrative silence; the causes and grounds of re-examination; and the terms and periods of payment of the benefits, specially when the beneficiary travels abroad.