The Fourth Section of the Spanish Supreme Court, in its Judgment 548/2024 dated April 4th, states that the heirs of a dependent person who passed away before the approval of the Individual Care Program (PIA) may request the conclusion of the PIA process, to claim reimbursement for expenses they have advanced.

The key issue in this case was whether the right to benefits under the Dependency Law, once acknowledged but not yet specified in an Individual Care Program, could be transferred to heirs in the event of the beneficiary’s death.

The Supreme Court resolved this question affirmatively. If the Administration unduly delays the approval of the Individual Care Program, and the beneficiary passes away in the meantime, their heirs acquire a credit right to be reimbursed for the expenses they have incurred to meet the needs of the dependent person.

As stated by the Court judgment: “If the dependent person who is entitled to the right passes away while the approval of the Individual Care Program is pending, it is acceptable to acknowledge a credit in favor of their heirs if, in the meantime, they have been covering with their resources the needs of the dependent person which would have been covered with the official benefits, though not yet concretized.“

Consequently, the heirs succeed the deceased beneficiary in their status as interested parties in the process for the Individual Care Program approval. Their interest lies in “seeking reimbursement for those expenses that the beneficiary, or the heirs, have financed, which, had the Program been approved, they would not have borne, either in whole or in part.”