INSS pension supplements and claims

The gender gap reduction supplement is an amount added each month to contributory retirement, permanent disability and widowhood pensions, for each son or daughter. It is regulated in article 60 of the Ley General de la Seguridad Social (the Spanish General Social Security Act) and is recognised and paid by the INSS alongside the pension.

It replaces the old maternity supplement for demographic contribution, which applied to pensions generated between 2016 and 3 February 2021. Since 4 February 2021 (Real Decreto-ley 3/2021), the new gender gap supplement has been in force.

In 2026 the amount is €36.90 per month per son or daughter, with a maximum of 4 (up to €147.60 per month), and it is paid in 14 monthly instalments. You can see the updated amount and check your case on the Managora service page.

In its original wording, the law recognised the supplement for women with 1 or more children almost automatically, whereas for men it only applied if they could prove a detriment to their contribution career linked to the birth or care of the children.

The Court of Justice of the European Union, in its ruling of 15 May 2025 (case C-623/23), declared that this difference is direct discrimination based on sex, contrary to Directive 79/7/EEC. The Supreme Court, sitting in plenary session (ruling of 25 June 2025), has confirmed that the supplement must be paid to men under the same conditions as women.

Therefore, if you are a man and the INSS denied you the supplement, or you never applied for it, you can request and claim it. It is worth distinguishing 2 situations. For the old maternity supplement for demographic contribution (pensions generated between 2016 and 3 February 2021), the Supreme Court has set compensation of €1,800 for men who were denied the supplement by the INSS after the European ruling of 12 December 2019 (case C-450/18) and who had to go to the social courts. For the current gender gap supplement (since 4 February 2021), the appropriate action is to recognise the supplement for men under the same conditions as women. Managora reviews your pension and files the application or claim for you.

The prior claim is the written document with which you ask the INSS, the TGSS or the SEPE to review a decision before going to court. It is regulated by article 71 of the Ley Reguladora de la Jurisdicción Social (the Spanish Social Jurisdiction Act) and is a mandatory requirement: without it, the Social Court will dismiss the lawsuit.

You have 30 working days from the notification to file it. The entity has 45 days to reply; if it does not do so, it is considered denied by silence. From then on, you have 30 working days to file the lawsuit.

It applies to the denial of benefits: retirement, permanent disability, widowhood, unemployment or the gender gap supplement itself. Do not confuse it with the appeal to a higher instance (recurso de alzada), which is for collection and sanctioning acts (see the comparison). Managora prepares the prior claim and files it on your behalf within the deadline.

If you have paid the Seguridad Social (the Spanish social security system) more than you owed (for example, due to excess contributions in a situation of multiple activities, duplicate quotas or a calculation error), you have the right to have the TGSS refund the overpaid amount.

The application is filed using the modelo TC 13/1 at the Provincial Directorate of the TGSS or at its electronic headquarters. The right expires 4 years from the day following the undue payment, and the TGSS must resolve it within 6 months. The refund is paid with the applicable late payment interest and can be offset against outstanding debts with the Seguridad Social.

If the TGSS denies the refund, the way to challenge it is the appeal to a higher instance. Managora calculates what you are owed, prepares the modelo TC 13/1 and files it for you; you can start the process on the undue payments refund service page.

Managora reviews your decision or your working life report, identifies if you are entitled to the supplement or if the denial can be appealed, and tells you what deadline you have to act.

We draft the corresponding document (supplement application, prior claim or modelo TC 13/1), file it at the electronic headquarters on your behalf, monitor the response deadlines and notify you of the result.

Everything is online and without travel. You can see the cost of each service and the calculation for your specific case on the page for each procedure.