HEALTH CONTRIBUTIONS ARE NOT LATE IF PAID WITHIN THE COLLECTION MONTH

Surely you have experienced the continuous and incessant negative responses from EPS (Health Promoting Entities) regarding the recognition or reimbursement of payments for economic benefits due to disability, arguing "untimely or late payment of contributions" in events where, for some reason, cause, or circumstance, contributions have been made to the General Social Security System in Health – hereinafter SGSSS - within the month subject to collection but not within the dates or terms established by Decree 1670 of 2007.

Well, regarding this case, common to the Colombian population and industry, the SUPERINTENDENCY OF HEALTH, in compliance with and development of the jurisdictional function conferred by Laws 1122 of 2007 and 1438 of 2011, has stated in continuous and reiterated jurisprudence that payments of contributions to the SGSSS made within the month subject to collection, even if they were made after the deadline set by current regulations for that purpose, cannot be considered untimely, since Decree 1670 of 2007 and other concordant regulations are legal instructions aimed at decongesting the collection of contributions to the SGSSS:

"Consequently, the user would only lose the right to receive payment of the economic benefit granted in their favor, in principle, when contributions have been made mostly in an untimely manner; However, payment made outside the dates established by Decree 1670 of 2007 cannot be considered untimely, under the terms of said article, since, as already mentioned, it was conceived to avoid congestion in the collection of contributions. Therefore, it cannot oppose the configuration of the right to recognition and payment of disability and/or leave. Thus, the untimeliness of the contribution can only be asserted when it is made outside the period to be paid, that is, outside the month subject to collection, since this does put the financial balance of the system at risk[1]."

Thus, when timely payment of contributions is made for at least four (4) months of the six (6) months prior to the date of causation of the right, understanding timely payment as that made within the month subject to collection, and there is a "minimum contribution" of four (4) weeks or twenty-eight (28) days immediately prior to the issuance of the disability, health entities cannot oppose the payment or reimbursement of the benefit based on the untimeliness of the contributions.

It is worth noting that the interpretation made by the SUPERINTENDENCY OF HEALTH should not be confused with the legal concept of "submission to arrears" (allanamiento a la mora), the latter also applicable to the non-recognition of economic health benefits (disability and maternity leave) when there is default in the payment of contributions. This is because the interpretation under study is based on the conduct of the contributor who, despite making payments after the legally designated date, is not in default when making the contribution within the month subject to collection; whereas submission to arrears is based on the negligence and carelessness of the health entity that neither demands the contributor in default nor rejects payments made outside the collection month.

Lastly, if you, as an employer or worker, encounter the issues described here, please contact us; we will gladly assist you in protecting and achieving your rights.