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Unemployment benefit for unmarried couples

According to the STS, of the Sala de lo Social, of October 17, 2018, the unemployment benefit for family responsibilities is already a reality, as well as the requirement of lack of income. The STS takes into account the income of the unmarried partner with whom the applicant has a child, for the calculation of the income of the family unit.

The mere fact of living together more uxorio does not determine the existence of a family relationship, without such a situation being comparable, by analogy, to that of a spouse. When article 1.3 e) of the ET refers to relatives, it is referring to those who have their origin in matrimonial unions, in no case is it understood to de facto stable unions.

The same conclusion is obtained when interpreting literally article 215.2 of the LGSS (current 275.3), when it establishes that "family responsibilities shall be understood as having the dependency of the spouse (...)", paragraph that has remained unchanged since 1994 in spite of the numerous modifications that have been introduced in the wording of the precept.

(STS, Sala de lo Social, of 17 October 2018, rec. no. 3600/2016).

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