Social Security

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.

• Partial for the usual profession: It causes a reduction in performance of no less than 33% for this profession.
• Total for the usual profession: It totally disables the worker from carrying out his or her current profession,but is still capable of working in another.
• Absolute for all work: Prevents the worker from performing any type of work or trade.
• Serious disability: When the permanently disabled worker requires the assistance of another person to carry out the most basic life activities.

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.

• Partial Permanent Disability
• Total Permanent Disability
• Absolute Permanent Disability
• Serious Disability

Determined by the regulating base and the percentage applied according to the recognised level of permanent disability.

• Partial Permanent Disability consists of a lump-sum compensation (24 monthly instalments of the regulating base that was used to calculate the temporary disability).
• Total Permanent Disability, 55% of the regulating base. It will be increased by 20% after the worker is 55 years of age if, due to various circumstances, it is determined that it is difficult for the worker to find employment in a different profession from his usual one.
• Absolute Permanent Disability, 100% of the regulating base.
• Serious disability, is obtained by applying the percentage corresponding to total or absolute permanent disability, plus a supplement, to the regulating base.

• Partial permanent disability: After the decision.
  
• Total Permanent Disability, Absolute or Serious Disability on the day of the proposal of the Permanent Disability declaration, or on the day following the expiration of Temporary Disability.
  
  If the interested party comes from a non-affiliated situation, from the day of the application (Absolute Permanent Disability and Outstanding 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).
If the pension arises from a work-related injury or occupational disease, it is paid in 12 monthly instalments, since the extra payments are prorated over the 12 months.

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.

• Partial permanent disability: Compatible with any work, including the one that was being performed up until the disability.
• Total Permanent Disability: Compatible with any work, except for the same position in the company. 
• Absolute permanent disability and severe disability: Can perform activities that are compatible with their condition.

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.

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.

Applying for permanent disability pensions.

The documentation that must be submitted is listed on the application form.

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.

• Partial Permanent Disability
• Total Permanent Disability: Lump sum compensation
• Particularities of the Special Schemes

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.

If the cause of the disability was a work-related injury or occupational disease and company responsibility has been determined, the financial benefit will be increased, depending on the seriousness of the infraction, from 30 to 50%.

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.

Frequently Asked Questions