Asturias exempts from the reimbursement of vital benefits due to Administration errors

The Principality of Asturias may not demand the reimbursement of the basic social salary or other vital benefits when the undue payment is due to a delay, error, or lack of diligence by the Administration itself. Law 6/2026, of September 10, published in the Official Gazette of the Principality of Asturias (BOPA) no. 187, of September 28, 2026, amends Law 3/2021, of June 30, on the Guarantee of Vital Rights and Benefits, and enters into force on September 29, one day after its publication.

The regulation was approved by the General Assembly of the Principality of Asturias and promulgated by the President of the Principality, Adrián Barbón Rodríguez, in Oviedo on September 10, 2026. Its objective is to correct the automatic application of the general reimbursement rule in Article 18 of Law 3/2021, which until now could force vulnerable people to return modest amounts already spent on subsistence expenses years later, despite having fulfilled their duty to communicate changes in circumstances.

The text is based on the doctrine of the European Court of Human Rights established in the judgment of April 26, 2018 (case Čakarević v. Croatia) and the jurisprudence of the Fourth Chamber of the Supreme Court, and takes as a reference Law 9/2025, of November 13, of Catalonia, although it opts for its own sectoral regulation.

The four requirements to be exempt from reimbursement

The law adds a new Article 18 bis to Law 3/2021, which excludes reimbursement when these circumstances occur cumulatively:

• That the holder or beneficiary has communicated the variation of their personal, family, economic, cohabitation, or residence circumstances within the legal deadline.
• That such communication is truthful and sufficient to identify the person, the file, and the variation, by any legally valid means, including municipal social service centers.
• That the continuity of the payment is caused by a lack of processing, delay, or any omission attributable to the granting Administration.
• That the person has not contributed to the undue payment through false data, concealment, fraud, bad faith, or resistance to verification.

The exclusion will cover the amounts paid from the date on which the review, suspension, reduction, or extinction should have taken effect. The resolution denying this protection must be expressly and individually justified.

Presumption after three months and flexible payment plans

The regulation presumes that the undue payment is attributable to the Administration when three months have passed since the communication without the resolution ending the review procedure having been notified. In the case of the basic social salary, it refers to Article 29.3 of Law 3/2021.

When full exemption is not applicable but there is no fraud or bad faith, the Administration may not demand late payment interest, surcharges, or costs, and must offer a flexible repayment plan adjusted to the actual economic capacity of the person and their household unit, before initiating enforcement proceedings or ex officio offsetting.

Retroactive effects and refund of amounts already reimbursed

The sole transitional provision grants retroactive effect to the new regime. It shall apply to reimbursement or review procedures that have not been initiated, are in progress, or are pending resolution, as well as to final reimbursement resolutions that have not been fully satisfied, which shall be rendered void upon request by the interested party.

Those who have already fully or partially reimbursed amounts included within the scope of Article 18 bis may request a refund within one year from the date of entry into force. All collection actions shall be suspended from the date of the request, except in cases of reasoned evidence of fraud. This measure does not affect prescribed obligations or situations resolved by a final judgment.

Without prejudice to other aid and coordination with Treasury and Social Security

A new third additional provision establishes that the amounts restored or not demanded shall not be counted as income or earnings for the purposes of other benefits, scholarships, study grants, or dining hall subsidies. The Principality of Asturias will promote coordination mechanisms with the State Tax Administration Agency, the National Social Security Institute, and local entities.

The first additional provision considers communication conditions fulfilled when the beneficiary of the basic social salary has consented to the transfer of data provided for in Article 32 of Law 19/2021, of December 20, on the Minimum Vital Income. Furthermore, the competent Department must issue instructions within one month to identify the affected files and suspend collection actions.

The impact of the law is direct for thousands of recipients of vital benefits in Asturias: those who acted in good faith and communicated their changes on time will no longer carry debts derived from the functioning of the Administration itself, with effects on files already closed and amounts already paid.

Source: Official Gazette of the Principality of Asturias, no. 187 of September 28, 2026, I. General Provisions, pp. 1-4 (official reference: 2026-07796).