According to MIES data, some 442,000 older adults may be in the range of poverty and extreme poverty.
In the Ecuadorian judicial system, some 2,000 processes initiated by older adults who claim alimony were waiting for an instrument to determine these values.
In 2019, with the validity of the Law of Older Adults, the obligation that children have to provide economic coverage to their parents when they are in starvation conditions or have a disability that prevents them from supporting themselves was ratified. In that law, in its transitory form, it established that the Ministry of Economic and Social Inclusion (MIES) within a period of 180 days, counted from the issuance of the regulation, should establish a table for the application of the norm.
The regulation was ready in July 2020, that is, the table should have been in January 2021, but it was only published in December 2021, so the judges who carry out processes can now use this instrument to set values. These, for example, by 2022 must consider the items with the new salary set at $ 425.
Esteban Bernal, minister of the MIES, indicated that with the publication of the table a historical debt is paid to the elderly who had not been given a pension table and, at the same time, the causes that were in justice and did not have an Ecuadorian sentence.
Older adults living in poverty may receive alimony from their family members
The Organic Law of Older Adults, in article 27, indicates that “older adults who lack financial resources or when their physical or mental condition does not allow them to subsist on their own, will have the right to a pension table for part of their relatives ”.
For that, an older adult or another person who knows about your case could file a lawsuit for a child, several children, or grandchildren to pay him a pension. This must be set by a judge. The right is extended to the fourth degree of consanguinity and second degree of affinity if the judge considers applying a protection measure.
Bernal says that whoever determines whether an older adult is in short supply or disabled will be a judge. “For that they can use various instruments. I have suggested that one of them may be the social registry, which determines who is in poverty and extreme poverty levels, or it may be other mechanisms,” says the official.
As there are abandoned older adults, unable to file a lawsuit against a child or grandchild, the MIES indicates that it seeks to sign agreements with universities so that their legal offices can support the filing of a lawsuit. Family judges are the ones who must deal with these cases.
According to MIES data, some 442,000 older adults may be in the range of poverty and extreme poverty. Within that group would be older adults who could establish a claim to require a pension. In Ecuador there is a population of adults over 1.3 million.
The table is made up of six levels, which determine the percentage that feeders must pay according to their income and the number of older adults. The levels range from $ 0 to $ 399 for the first level, and from $ 1,224.01 onwards for the sixth level. The percentages fluctuate from 20.33% to 36.99% per older adult. Values will be updated once the base salary of $ 425 takes effect.
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Bernal explains that a judge will not only be able to charge the pension to a single child, but to distribute it to several of those who are in the fourth degree of consanguinity and second degree of affinity.
An older adult who is currently receiving a state aid bond will not be prevented from establishing a claim, furthermore, he could be susceptible to a pension, since he is supposed to be in a degree of poverty. (I)
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