Spain's Supreme Court strikes down cohabitation rule for victim assistance

Spain's Supreme Court ruled that the requirement for cohabitation in the public aid scheme for families of violent‑crime victims is illegal. The Court held that, under Law 35/1995, only economic dependency is required, and the cohabitation clause in Royal Decree 738/1997 exceeds the law’s scope. The decision follows a case in which a mother, denied aid because she did not live with her murdered daughter, successfully appealed to the Regional High Court of Murcia, which granted the aid. The State Attorney’s Office appealed, but the Supreme Court annulled the cohabitation requirement and ordered its removal from the official bulletin, without imposing costs on either party.

The ruling clarifies that economic dependence can exist with or without shared residence, removing a barrier for indirect victims seeking assistance.