Computable incomes in order to generate the right to receive the unemployment benefit for people over 52 years: From the poverty test to the wealth test. The announced jurisprudential change (Commentary on the Sentence of the Spanish Supreme Court, of 3 February 2016, RCUD 2576/2014)

Abstract

The Sentence of the Spanish Supreme Court of February 3, 2016 resolved an appeal for unification of doctrine that rises to the level of jurisprudence trend, which for a decade, manifested itself strongly among some regional courts. Undoubtedly, the correction in the application of the principle of criminality -in the social order- and the demarcation of what incomes should be computable in order to generate or not the right to the subsidy, result in a significant and necessary extension of the right materials and subjective areas. Rightly, in our view, the case invokes the protective function of the social security system to cover cases of obvious vulnerability.