- The Supreme Court requires uninterrupted registration as a jobseeker from the moment the benefit is exhausted until the person turns 52.
- Registering shortly before that age is not enough.
- The ruling protects those looking for work, not those who withdraw from the labour market to claim the subsidy at 52.
On 13 September 2024 the Supreme Court published a ruling of its Social Chamber on the unemployment subsidy for people over 52. It upholds the appeal of the State Public Employment Service (SEPE) and concludes that the requirement to be registered as a jobseeker must be met continuously from when the need arises, that is, from when the benefit is exhausted, and not only from age 52.
The case concerned a worker whose unemployment benefit, recognised in 2005 in its capitalised form, had been exhausted. He then worked as a self-employed person in two periods; after the first he did not register as a jobseeker for over a year, and nor did he after the second ended, in July 2018. He registered on 11 February 2019, some three months before turning 52 on 10 May. The High Court of Justice of Cantabria had sided with him, but the Supreme Court overturns that decision.
What the law says
The rule is in article 274.4 of the General Social Security Act. Previously, a person had to be 55 when the protected situation arose; the current rule extends the subsidy to those who were under 52 when the need arose, provided they remain registered as jobseekers continuously until reaching that age.
The dispute was about when that registration is counted from. The regional court had understood that being registered from age 52 was enough; the Supreme Court holds that continuity is required from the moment the benefit is exhausted. It reasons that it would make no sense to tie the requirement to age 52, because that age is precisely what activates the right to apply for the subsidy.
Who is affected
The doctrine reaches people who exhausted an unemployment benefit before turning 52 and want to claim the subsidy later. They must stay continuously registered from that moment. Those who leave the labour market for long periods without looking for work are not protected, even if they register shortly before reaching the age. In practice, this means renewing the jobseeker registration within the periods set by the public employment service and not letting it lapse.
The ruling rests on the purpose of the subsidy, which is to protect those who look for work and do not find it, not those who voluntarily step away from the labour market with the sole intention of claiming it at that age. In addition to this requirement, the others remain in force, such as those on income and contributions, which are assessed case by case.
What to review
If you, or someone in your family, has exhausted an unemployment benefit or ceased a self-employed activity and is approaching that age, check that the jobseeker registration is current and has been maintained without gaps, and keep the proof. An interruption of months can have consequences, and rebuilding the record afterwards is not always possible.
Self-employed people who close their business and workers in long transitions between jobs are the most exposed to forgetting this step. If there are doubts about how the record stands, an employment adviser can review it against the work-history report and the employment service’s records. This is general information, not individual advice. For those about to exhaust their benefit, note the exact date on which it happens, because it is the starting point of the continuous registration the Supreme Court requires.
Being registered today is what protects tomorrow’s right.
This article is general information. It is not legal, tax or investment advice, and it does not take anyone’s particular circumstances into account.
