We decided to address this issue, because more and more people come to our office to clarify their doubts about whether Once they reach the age of majority (18 years), can they continue to receive from ANSES the pension benefit they enjoyed due to the death of one or both of their parents?
The adolescents who contact us usually do so worried and distressed by the uncertainty caused by the automatic cessation of their benefit payment at age 18.
They are usually studying secondary education, they are not prepared from a professional or work point of view and much less are they in a position to enter – given their inexperience and young age – in a market as complex and competitive as the one that exists today. nowadays in the world in general and especially in our country.
The answer that we provide through this note will help adolescents who find themselves in a situation with similar characteristics.
By filing an amparo action, you can assert your legitimate constitutional rights to enjoy pension benefits, dignified and equal treatment, and protect your rights to food, health and life, among others.
The current law establishes the cessation of the pension benefit at age 18 (Law 24,241, art. 53 inc. e)
However, this solution contradicts the nutritional nature of the pension benefit and we have maintained this in different forums and conferences.
In this sense, our Civil and Commercial Code, when dealing with the issue of alimony, establishes protection up to 21 years of age, with the possibility of requesting continuity up to 25 years of age, in the event that the beneficiary/supported person pursues studies that prevent him from working and stand autonomously.
Based on this basis, among others, it is necessary to declare the continuity of the pension until age 21.
Many jurists, courts and even a bill (No. 1931-D-2022) recognize this.
Although there are other reasons that support the proposal and the solution that we present, they exceed the scope of this note, but it is important to emphasize and make known that The pensioner should not resign himself to losing his benefit at the early age of 18.
We consider, in line with the judicial rulings that have established this, that the cessation of the pension at 18 is unconstitutional and should not be applied.
This requires the promotion of judicial action, which must be promoted for each specific case.
By the same criterion, if the conditions we have referred to above are met, it may be possible to decree – even – the continuity of the benefit up to 25 years of age.
The issue thus defined constitutes a new challenge and paradigm that our Judges and Courts must face, which in recent times and in specific cases, have been able to respond favorably and rise to the occasion of the special circumstances raised by those affected.
We continue to advocate and defend the interests of our clients.
Calderaro & Associates Studio.
by CEDOC