The lack of income as a requirement to receive the unemployment benefit. Commentary to STS 3704/2017

Abstract

To receive the unemployment benefit, it is necessary to have an income, monthly and regardless of its nature, below 75% of the minimum inter-professional salary, excluding the proportional part of the two extraordinary payments. Law 39/2010, 22 December, on General State Budget for 2011, will eliminate the concrete reference to the availability of goods, rights and income returns, so, effectively, income will be exclusively calculated by its full yield.

This law suit contemplates how these incomes should be counted to achieve a previously acknowledged subsidy at the entry into force of the Law 39/2010.

The Supreme Court understands that, since Law 39/2010 does not establish any retroactive effect, and the general principle by which the applicable standards are valid at the time of the causal event should be taken into account, the income counts of the family unit should be executed, in this case, according to the net income module for the whole duration of the social security benefit receipt.