Y SEGURIDAD SOCIAL
Procedures and Formalities
Permanent Disability Pension
This is an economic benefit intended to cover the loss of income suffered by a worker whose ability to work is permanently reduced or impaired because of an illness or accident.
People who are included in any Social Security Scheme that meet the requirements of the corresponding disability level.
Depending on the degree of disability, some general and contributory requirements apply. If the disability is the result of an accident, whether work-related or not, or an occupational disease, no previous contributions are required.
Determined by the regulating base and the percentage applied according to the recognised level of permanent disability.
When the pension stems from a common disease or non-work-related injuries, it is paid in 14 instalments per year (monthly, with two extra payments).
It is revalued annually and minimum monthly amounts are guaranteed. The pension is subject to Personal Income Tax (IRPF), while pensions arising from absolute permanent disability and serious disability are exempt from tax withholdings.
|Compatibility / Incompatibility:||
In every case, if work is performed that causes the worker to be registered in a Social Security Scheme, it is mandatory to fulfil all registration and contributory obligations, as well as to inform the Management body of this situation.
The Provincial Directorate of the INSS will make a decision within a maximum period of 135 days. If no decision has been issued within this deadline, the application will be deemed to be denied due to negative administrative silence.
If it is necessary to ask for a hearing or if complementary documentation is requested, the interested party will have 10 days to argue his case or present the documentation. Also, 10 days are given for the employer to present allegations, if he or she is responsible due to a lack of safety measures and hygiene.
|Suspension / Termination:||
The pension can be terminated due to a review of the declared disability, the granting of a retirement pension if it is being requested, or the death of the pensioner. It can also be suspended.
The documentation that must be submitted is listed on the application form.
|Where to process it:||
At the Provincial Directorate of the INSS where the interested party resides, unless living abroad, in which case they should contact the Provincial Directorate of the INSS of the province where the last contributions paid in Spain were certified.
It is the responsibility of the Provincial Directorates of the INSS through the Disability Assessment Teams (EVI) to declare Permanent Disability status at every stage of the procedure so that financial benefits can be granted.
|Other important information:||
Review: The disability situation may be reviewed due to worsening, improvement, or misdiagnosis of the condition, or due to carrying out work while the disabled person is still under 65 years of age. It can lead to the confirmation or modification of the degree of the disability, or the termination of the disability consideration, and therefore, of the disability benefits.
Permanent Disability pensions become retirement pensions after recipients turn 65 years of age.
In Catalonia the duties of the Disability Evaluation Teams (EVI), are carried out by the Catalonian Institute of Disability Evaluation, and the Disability Evaluation Commission.