The Controversial Maternity Supplement Due to Demographic Contribution: Practical Issues and Regulatory and Judicial Responses

Abstract

This paper addresses the study and analysis of the establishment of the maternity supplement towards the current contributory pension supplement for the reduction of the gender gap from three key points. In the first place, and to understand the establishment of the pension supplement, the basis and legal regime of the so-called maternity supplement is analysed. Secondly, the arguments of the CJEU of 12 December 2019, case C-450/18 are set out, which, as a result of the practical application of the maternity supplement for demographic contribution, declared that there was direct discriminatory treatment on grounds of sex between men and women and that the Spanish legislation was contrary to Council Directive 79/7/EEC,  of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security. Likewise, due to its relevant interest in the matter, the latest CJEU in the matter is addressed, specifically the CJEU of 14 September 2023, case C-311/22. Finally, the legal regime of the new pension supplement for the reduction of the gender gap is briefly described.