Gobierno de España. Ministerio de Hacienda. Secretaría de Estado de Presupuestos y Gastos - Dirección General de Costes de Personal
Sello Excelencia EVAM 200-299, año 2018
Clases Pasivas

Characteristics of the advances

 

Request:

Recognition of the advance will begin with a request submitted by the member of the Family Unit who is the guardian of the minor who is the beneficiary of the advance.

If the recipient is a legal adult with a disability but who is not legally incompetent, he or she can submit the request him or herself

  

Maximum term of payment:

18 months, either continuously or discontinuously.

  

Amount:

100 € a month per beneficiary unless the court sentence sets a lower amount, in which case the amount set by the court sentence will be paid.

  

Economic effect:

first day of the month following the application.

  

Applicant and receiver of the advance:

The advance is received by the guardian of the minor (generally the mother or father), unless the recipient is a legal adult with a disability but who is not legally incompetent, in which case he or she will receive it him or herself..

  

Incompatibilities:

payment of the advance is not compatible with other benefits or aid of the same kind and purpose recognised by the different Public Administrations. The legal guardian of the minor benefiting from the advance must choose one of them.

  

Obligations of the receiver of the advance:

  • notify, within the term of 30 days, any circumstances that may affect continuity of the entitlement to the advance or the amount thereof.
  • The receiver must also submit to any verification actions established to verify the conditions for which the advance was recognised.

  

Expiry of the advance:

  • beneficiary coming of age;
  • receipt of the 18 monthly payments;
  • voluntary or enforced payment of the alimony by the person obliged to pay them;
  • death of the beneficiary or the person obliged to pay the alimony; 
  • exceeding the limit of economic resources due to a change in the income of the family unit;
  • court sentence thus determining it.

  

Repayment of the advance:

advances unduly paid must be repaid by the receiver, according to the procedure established in the General Collection Regulations, approved by Royal Decree 939/2005, of 29 July.La Dirección General de Costes de Personal efectuará la liquidación de la cantidad percibida indebidamente a reintegrar, comunicando la cuantía de la misma e iniciando, con la notificación, el periodo voluntario de recaudación.

The State will be subrogated for the total amount of the advances paid to the interested party, as well as in the rights of the latter with regard to the person obliged to pay the alimony.

This subrogation transforms the nature of the obligation, which becomes public, and will be collected by the State as provided for in the General Budget Law. Therefore, the party obliged to pay the alimony must be informed of the existence of the resolution that recognises the advance and subsequently the amounts owing to the state must be notified and settled, being paid into the Public Treasury, or else collected executively by the State Tax Administration Agency by means of the administrative procedure of enforced collection.