Communication of administrative act

The Supreme Court (TS) has clarified how electronic notifications of resolutions in Social Security matters should be carried out when a company or individual is required to receive them and has designated a third party (for example, an advisory or management firm) as authorized in the RED system.

The issue was whether it is sufficient to notify only the obligated party or if the notification should also be sent to the RED authorized party. The TS responds that, as a general rule, the Administration must make the resolution available to both parties, both the direct responsible party and the authorized party. This system aims to ensure that the interested individual or company is well informed and on time of any important resolution, thus facilitating the exercise of their rights, such as filing appeals. The

RED system is the mandatory channel for many procedures and communications with Social Security, and when used to communicate data that have led to the corresponding resolution, it must be notified to the party authorized by the company in RED, in addition to the interested party. It is not an option for the Administration, but a legal requirement, unless the responsible person expressly requests to only be notified or a different third party. The authorized party in the RED system also does not need to have special powers to receive these notifications, unless the specific procedure is excluded from this system. Thus,

dual notification is the rule and allows for greater security and control in the procedures of companies and professionals with Social Security. Our professionals are at your disposal to assist you in the actions and procedures that may be relevant in these types of situations to defend your rights and the interests of minors