Within the guiding principles of social and economic policy, the public authorities must ensure the protection of the family. In particular, they must promote the welfare of senior citizens, whose welfare must be promoted through a system of social services that addresses their specific problems of health, housing, culture and leisure.
In Asturias, this constitutional mandate is fulfilled, among other institutions, through the Autonomous Organization of Residential Establishments of the Principality of Asturias, which manages the residential establishments for the elderly dependent on the Public Administration.
For those persons who need to be admitted to a residential establishment for the elderly, but do not have sufficient financial means, access to a residential place is provided, depending on their degree of dependency.
In accordance with Decree 59/2017 of August 9 of the Principality of Asturias, which establishes the regime of economic participation in the cost of the residential care service for the elderly whose dependency was recognized prior to January 1, 2011, users had to pay monthly the public price stipulated at each moment and, if they did not have sufficient economic resources, 75 percent of their total income or income would be paid, on account of the final definitive final settlement.
Many people find that some time after the death of the user between 2007 and 2011, the heirs or estate are notified of a settlement and claim of the debt for the stay.
Sometimes this liquidation established a total price different from that initially indicated by E.R.A., or many years after the death, without the family members or the user himself being aware of the price to be paid, or in some cases, having to pay any amount at all.
Individuals who receive this type of liquidation may appeal before the courts against the resolution of the liquidation claimed for various reasons: the amount was not correctly liquidated, expiration of the administrative file, statute of limitations or due to the absence of a hearing and notification.
In this case, once the complete administrative file and the user’s documentation have been reviewed, an administrative appeal can be filed against the notified resolution, or the appropriate legal actions against the liquidation can be considered.
In the event that the debt has been paid, a procedure for requesting undue payment can be initiated. This procedure consists of requesting the refund of the tax debts that have been unduly paid, among others, for the following reasons: when the amount paid has been greater than the amount that should have been paid; when amounts that have been paid that have expired, when there is a material, arithmetical or factual error. The amount to be refunded will be the sum of the amount unduly paid plus the late payment interest in force during the period.
We offer a free service of study of the documentation to assess whether the debt settlement can be appealed (in case you have been recently notified), or to initiate a procedure for refund of undue income (if the debt has already been paid). It is advisable to carefully, individually and personally review the documentation, since not all claims are the same, taking into account the personal circumstances of the user and the processing of the file by the tax services.
We handle the appropriate legal actions in each case, with moderation in the initial costs.
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