before and after that date – 1 August 2014 - the CGA continues to refuse, without any
valid legal foundation, the registration of teachers based on the kind of recruitment.
Like the Ombudsman, the recent jurisprudence delivered on the subject has recognized the right of the maintenance of the right of enrollment in the CGA. Consequently,
after a number of unsuccessful attempts in order that the CGA regularize the situation of
the teachers concerned, the Ombudsman urged the Secretary of State for Social Security
to issued guidelines to the CGA in order to maintain enrollment of all said teachers.
The Ombudsman expects an answer from the Government.
•
Case Q-5292/15
Entity addressed: Secretary of State for Social Security
Date: 2016.02.05
Subject: Amendment to article No. 13 of Decree-Law No. 133/88, of 20 April, that
states the limitation period for recovery of social benefits unduly paid
Status: A response from the Secretary of State for Social Security is awaited
Several citizens complained to the Ombudsman about the requests they received from
the Social Security Institute for recovery of social benefits unduly paid for more than five
years before.
The Ombudsman found the requests to be legal as they were notified before the 10-year
limitation period established in article 13 of Decree-Law No. 133/88, of 20 April, which
was not revoked by Decree-Law No. 155/92, of 28 July.
However, taking into account the legislative developments since 1988 and the updating of Social Security’s information system, the Ombudsman suggested to the Secretary
of State for Social Security an amendment to article 13 of Decree-Law No. 133/88, or a
new legal framework for recovery of social benefits unduly paid.
In relation to this matter, the Ombudsman suggested also the correction of the Social
Security Institute procedures that operate automatic debt compensation with social benefits granted to beneficiaries.
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