Challenging a refused benefit or repayment demand (reclamación previa)

Terms used

• Reclamación previa — The reclamación previa is a written challenge you file with the body that decided, before you can take most benefit disputes to court.
• INSS — The INSS is the National Social Security Institute, which handles pensions and most Social Security benefits.
• TGSS — The TGSS is the General Treasury of Social Security, which handles contributions and registrations.
• SEPE — The SEPE is the public employment service that pays unemployment benefits.
• Juzgado de lo social — The juzgado de lo social is the labour court that hears employment and Social Security disputes.

Key rules

• Reclamación previa: You have 30 days from notification of a refusal or repayment demand to file a reclamación previa, and the body has 45 days to answer.
• Court deadline: After a written rejection, or after the response period runs out, you have 30 working days to file at the labour court.
• Silence: No answer counts as a rejection, not as a win, and starts your court deadline.
• Repayment: Use the hearing period to object, and ask for instalments or a deferral if you must repay.

The short version

A refusal or a repayment demand is challenged in two steps. First you file a reclamación previa with the body that decided. If that fails, or gets no answer, you go to the social courts. Each step has a short deadline, so act as soon as the letter arrives.

Step 1: file the reclamación previa

You have 30 days from notification of the decision to file it, and the body has 45 days to answer. File it with the body that issued the decision: INSS, TGSS or SEPE. You can do this in person at its office or registry, or electronically. Keep proof of the filing date.

Explain why the decision is wrong and attach any documents that support you. The decision letter states the appeal route, so read it carefully.

Unemployment benefits from SEPE follow a similar route, with a 30-day period to file and a 30-day period for SEPE to answer. Check the letter you received for the exact period.

Some benefits skip the reclamación previa and go straight to court. The decision letter should say which applies to you. If it does not, ask the issuing body or a labour lawyer before the time runs out.

If you receive a repayment demand

Before a repayment demand is issued, you are normally notified and given a hearing period, generally 15 days, to send your objections. Use it. Send your evidence in writing and keep a copy.

If the written demand is issued anyway, challenge it by reclamación previa within the same 30 days.

You can pay in full within the voluntary period. You can also ask for instalments or a deferral, and the body decides whether to grant it. Otherwise the amount can be deducted from benefits you still receive, usually a limited percentage. The administration can only claim money back for 4 years.

Cases of fraud follow different rules and have their own penalties. Get legal advice if the letter mentions fraud or a sanction.

Step 2: go to the labour court

If the body rejects your reclamación previa in writing, you have 30 working days from the day after you are notified to file your claim at the juzgado de lo social (labour court). August days do not count.

If the body does not answer within its 45 days, the claim is treated as rejected. Silence does not mean you won. The court deadline starts the day after that response period ends.

For benefit disputes against the administration you do not need a prior out-of-court settlement attempt.

Watch for dismissal claims

This route is for benefits and repayments. Challenging a dismissal has a different, shorter deadline of 20 working days. See the questions below and the timeline for the order of steps.

Get help

Deadlines are strict and a missed one usually cannot be fixed. A labour lawyer or a union advice service can check which deadline applies and how days are counted in your case.

Timeline and deadlines

• If you get a repayment demand, send your objections during the hearing period: generally within 15 days of being told the benefit may have been paid unduly

• File the reclamación previa with the body that issued the decision (INSS, TGSS or SEPE), in person or electronically: within 30 days of notification

• Wait for the body to answer: it has 45 days

• If there is no answer, treat the claim as rejected and start your court deadline: after the 45 days end

• File your claim at the juzgado de lo social (labour court): within 30 working days of the rejection or the silence, with August not counting

• Ask for instalments or a deferral if you must repay: within the voluntary repayment period

What to watch out for

• Missing the 30-day window: If you let 30 days pass after notification without filing a reclamación previa, you can lose the chance to contest the refusal or repayment demand. Note the notification date the day it arrives and file with the issuing body well before the limit.

• Silence does not mean you won: If the body does not answer within 45 days, the claim counts as rejected. The court deadline then starts without any letter from them. Count 30 working days from the end of the 45 days and file at the labour court before then.

• Some benefits skip the reclamación previa: For some benefits you must go straight to court, and filing the wrong step wastes time. Read the appeal route in your resolution, or ask a labour lawyer before filing.

• Repayment can be deducted from your benefits: If you do nothing about a repayment demand, the amount can be taken from benefits you still receive. Challenge it in time, or ask for instalments or a deferral.

• Fraud cases follow different rules: If the case is treated as a sanction for fraud, other rules and deadlines apply than for a simple undue payment. Check the resolution and get a labour lawyer's advice quickly.

Frequently asked questions

Does every refused benefit need a reclamación previa first?

No, some benefits are exempt from the reclamación previa and go straight to the social court. The resolution you received states the appeal route, so read it before you choose a step.

Do August days count toward the court deadline?

No, August does not count toward the court deadline, which is counted in working days. The count starts the day after you are notified of the rejection, or the day after the response period ends if nobody answers.

Can I repay an undue benefit in instalments?

Yes, you can ask for instalments or a deferral, but you must request it and it has to be granted. Other options are paying in full within the voluntary period or having the amount deducted from benefits you still receive.

How long can the administration demand money back?

The administration's right to claim repayment of an undue benefit expires after 4 years. Before it issues a demand, it must notify you and give you a hearing period, generally 15 days, to put forward your side.

Is the deadline the same if I am challenging a dismissal?

No, dismissal claims have a different deadline of 20 working days. The steps in this article apply to disputes with bodies such as the INSS, the SEPE and the TGSS.