Reinterpretando la compatibilidad entre la prestación de incapacidad permanente absoluta o gran invalidez y el trabajo del pensionista. Comentario a la Sentencia núm. 544/2024 de la Sala de lo Social del Tribunal Supremo de fecha 11 de abril de 2024

Abstract

In a very relevant ruling: number 544/2024, of April 11 (Rec. 157/2023), the Supreme Court modifies its previous –which is not inveterate– doctrine, to return to the original incompatibility between absolute and major disability benefits. disability, with the development of work activities, a decision whose effects for the Social Security system, also for employment, and, of course, for the beneficiaries of such disability pensions, are going to be very important. Until this ruling, and peacefully since 2008, our courts assumed, under the prism of the constitutional right to work, that pensioners qualified in such grades, despite the fact that, by definition, they were prevented from carrying out regulated work activities, could combine work income and contributory benefit, if the job occupation was compatible with their status and did not represent a change in their capacity for review purposes. Now, however, the very logic of the System, hand in hand with the scarcity of its resources, rescues that incompatibility, by limiting its permission exclusively to sporadic or marginal jobs that do not give rise to the inclusion of the pensioner in a Security regime. Social. Jurisprudential modification that occurs without any regulatory change, “reinterpreting” the purpose of disability benefits, as those that must meet needs derived from the loss of income from work, so that, if the corresponding benefits are maintained to which it does not cease, the benefit associated with the (non-existent) situation of need is not properly “born.