11/25/2021 at 1:22 PM CET
Monica Ros. Valencia
A family applied for a place in a nursing home for your dependent family member. However, the victim had toe wait more than a year because there was no place available. The family couldn’t take care of him so paid the cost out of his pocket of a private residence during that time. When the Ministry of Equality informed them that the public place was already available, the family demanded the money that it had cost them to pay for the dependent relative’s private place. Equality He refused and the family went to court.
Now, the Superior Court of Justice (TSJ) has agreed with them and the family will receive 12,695.46 euros as compensation for what the private seat cost them. The procedure has been so long that the dependent family member has already passed away. Nevertheless, the sentence is pioneering and “it opens the door to many families who are in a similar situation,” says Sandra Casas, a lawyer for the family and head of Action for Social Justice.
“It is unfortunate that families see each other obliged to claim through the courts what by law belongs to them, but it is like this. This sentence is important because it marks the future, even though it has been a very long procedure, “explains the lawyer.
And it is that the family requests the aid to the dependency in 2016 and it is now when the whole procedure has finished, five years later.
The judgment of the Supreme Court grants the family what they were claiming was nothing other than “recognizing the subjective right to retroactive compensation for residential service in the amount of 12,695.46 euros, plus legal interest since each of the private service monthly payments was paid “.
And it is that the judge recognizes “credited” documentary the expenses generated by the income in the private residence until he was treated in the public one to which he was entitled. Specifically, the period ranges from February 10, 2017 to February 12, 2018, “date of issuance of the approval resolution of the Individualized Care Plan (PIA) with the public square. “According to the calculations, that time of one year and two days amounts to 12,695.46 euros,” difference between the assessed fee of the PIA, 417 euros and the monthly payment of the private residence (1,469.55 euros) unfairly assumed at a rate of 1,052.11 euros. “Therefore, the ruling recognizes that the “contested resolution did not comply with the law while it did not recognize any amount for such delays. “
The allegations of the Generalitat
The Generalitat’s legal profession, for its part, alleges that the care of the dependent in a private residence should be “from the approval of the PIA” and that when the patrimonial liability procedure, it would have “to wait for the completion of said procedure.”
The TSJ judge, however, rules in favor of compensate the family because, the sentence includes, “if we recapitulate, we have that the Administration takes time to resolve the request for recognition of dependency, and again delays in making the other administrative decisions, Irrogate an obvious economic damage to the interested party “. In addition, it affirms that the Generalitat has not counteracted “a reasoned and reasonable calculation, which the court considers adjusted”.
Five years between the request and the end of the judicial process
The family requested the aid to dependency on August 9, 2016. The so-called Individualized Care Plan (PIA) for dependency came a year and a half later, not including the time the man was in a private residence (from February 10, 2017 to February 12, 2018). On August 3, 2018, the family filed an administrative dispute. The lawsuit was formalized on November 15, 2018 and the process ends in 2021 at the Supreme Court.