Y SEGURIDAD SOCIAL
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- Abandoned (children)
Children under 18 years old, or adults with a degree of disability greater than or equal to 65% who have been abandoned by their parents, as long as they are not in a foster care scheme, can be beneficiaries of the financial allocation per dependent child or foster child.
- Absolute Permanent Disability (APD)
That which absolutely disables a worker to perform any work or trade. Pension for this type of disability is 100% of the regulatory base.
- Active Insertion Income
Within the activities in place to prevent unemployment and with the financial regime and determined management by the General Law on the Social Security, specific aid has been established called active insertion income. It directed towards the unemployed with special economic needs and who experience difficulties in finding employment. It involves a commitment on their part to carry out actions that favour their work insertion.
- Activity Commitment
Commitment acquired by the requester or beneficiary of the unemployment benefits to actively seek employment, accept adequate employment and participate in specific motivational, informative, guidance, training, retraining or professional insertion activities to increase his/her employability.
- Adequate Employment
In general, it is the profession demanded by the employee which also corresponds with his/her habitual profession or any other that is adapted to his/her physical and educational aptitudes. In any case, adequate employment is any that coincides with the last job held, as long as the duration was equal to or greater than three months.
- Administrative Decision
An administrative act which decides on questions posed by the interested parties before the Administration.
- Administrative Procedure
A set of actions and processes governed by the law, aimed at the formulation of acts of Public Administrations on matters which are their responsibility.
Legal act by which parental authority is granted over a minor, creating legal relationship ties which are similar to filiation.
- Advanced Benefits
The managing Bodies, Social Security Mutual Society Partners or, if appropriate, the common Services, according to their respective competencies, will pay the benefits to the beneficiaries in the event of noncompliance with legally determined affiliation, registrations, deregistrations and contributions, with the consequent subrogation in the rights and claims of such beneficiaries; the indicated payment will be made, even when it involves defunct businesses or those that by their special nature cannot be subject to enforcement proceedings. Likewise, the aforementioned managing Bodies, Mutual Societies and Common Services will be responsible for making the benefit payments insofar as said payments do not fall under the scope of the employer responsibility.
Under no circumstances may the advance benefit payment exceed two and a half times the amount of the public indicator of multiple effect income in force at the time of the triggering event or, where appropriate, the amount of the capital cost required for the advance payment, with the limit indicated by the managing Bodies, Mutual Societies and Common Services.
Administrative decision of the Treasury General of the Social Security incorporating a protected subject into the Social Security System, which makes them the holder of the rights and obligations with the Social Security. Generally, this is requested by the employer for employees and by the worker themselves for self-employed workers. It gives rises to the allocation of a lifetime and unique Affiliation Number, for the entire Social Security system.
- Affiliation Document
That which the Treasury General of the Social Security provides to each protected individual at the time of their affiliation to the Social Security System and which proves affiliated status. It is permanent and valid at all Managing Bodies. In addition to the personal details of the affiliated individual, it contains their National Identity Document and the unique, lifetime Affiliation Number allocated to them by the Treasury General of the Social Security for the Social Security System throughout the whole of Spain.
- Affiliation Number
The number which the Treasury General of the Social Securityassigns to the worker, whether he is an employee or self-employed, when they make the initial inscription in the Social Security. It lasts for life and is unique for the Social Security throughout the national territory.
- Affiliation with full rights
Employees and assimilated workers, within the scope of application of the schemes of the Social Security System, shall be considered, with full rights, to be in a situation of affiliation with these schemes, for the purposes of work-related injuries and occupational diseases and unemployment, even if their employer has not met any of their obligations in this regard. Also applicable for the exclusive purposes of health care assistance for common diseases, maternity, risk during pregnancy and non-work-related injuries. This type of affiliation is known as "assumed affiliation".
- Affirmative Action
In EU Law, measures aimed at a specific group, which are aimed at suppressing and preventing discrimination or paying compensation for disadvantages resulting from attitudes, behaviour, and existing structures (sometimes called "positive discrimination"). (The Constitutional Court Ruling 28/1992, aims to define the positive actions of protective measures, stating to this effect that "prohibiting sexual discrimination allows the existence of specific measures favouring women, which try to balance out the unequal starting point, such as positive action measures or the like, but at the same time in principle it requires the removal of the protective regulations for female workers, which may be an obstacle for women genuinely getting a job with the same working conditions as with men". In this way, a concept of equality is created that allows reasonable unequal treatment to achieve effective equality, considering that formal equality has already been achieved).
The time that has passed from the birth of a person to a particular date which affects their inclusion in the scope of application of the Social Security schemes, as well as their entitlement to permanent disability, retirement, orphan's and family protection benefits, |etc. .
- Age Reductions
The retirement age is reduced by a period equal to the result of applying coefficients based on established scales to the period of time actually worked in specific occupational categories and specialities (due to their danger, toxicity, ill-health, disability |etc.). (For example, 10 years as a face worker in a coal mine would allow for a 5-year reduction, -0.50 coefficient-, from the age of 65 for retirement and, therefore, the worker would be eligible for the pension at the real age of 60 or the fictitious age of 65). Additionally, the amount of time that the worker's retirement age is reduced is considered as contributory for the purpose of determining the percentage applicable to the base pension.
- Allowances and reductions in contributions
These are reductions in payments for social contributions resulting from the application of certain percentages, for corrections lowering bases, rates or contributions. They are distinguished by:
Reductions: are measures that seek effective standardisation, gradual unification, or to establish incentives that favour the sustainability and goals of the Social Security System. In terms of funding, the reductions mean lower income for the Social Security System, without any budgetary application covering them or compensating for them.
Allowances: these are measures that promote employment which seek to incentivise or promote economic activity and employment in general or in specific sectors, or the hiring of specific groups (e.g. people with disabilities) regardless of the goals and functions of Social Security. With regards to funding, contribution allowances correspond to items in the Spending Budget of the Public Service of State Employment or to other General State Budget items
- Annulment (Appeal for)
Special appeal against the expressly provided resolutions and for the reasons set forth by law, whose purpose is to control the application of the law exercised by the claims courts and to create jurisprudence doctrine, thereby unifying inconsistent criteria, as well as to ensure that constitutional guaranties are respected in the proceedings.
The Supreme Court is the body judging the Appeal for annulment for the unification of doctrine. A simple Appeal for annulment may be brought to the attention of the Supreme Court of justice when the matter relates to fuero law.
- Annulment for the Unification of Doctrine (Appeal for)
Special appeal by which the doctrine of the judgements passed by the Civil Courts of the Superior Justice Tribunals are unified, when contradictory judgements have been passed on identical situations.
A claim made before an administrative organism or before a judge or court regarding a decision given or before another higher court, in order to overturn the judgement when a party is not in agreement with it.
- Assimilated contribution periods due to birth
For female workers requesting contributory retirement and permanent disability pensions from any Social Security scheme, a total of 112 full contribution days are calculated for each single child birth and 14 additional days for each child after the second, inclusive, in the event of a multiple birth, unless if, as a result of being a worker or civil servant at the time of birth, they had made contributions for the entire 16 week period or, in the event of a multiple birth, the relevant time period.
- Assimilation of situation to affiliation
(See "Situation assimilated to affiliation")
- Authorised Institution
In Community Law, the institution with which the person concerned is insured at the time of the application for benefit; the institution from which the person concerned is entitled or would be entitled to benefits if he or a member or members of his family were resident in the territory of the Member State in which the institution is situated; the institution designated by the corresponding authority of the Member State concerned.