Social Security

To protect against the situation of economic need caused by the  death of the person who triggers the benefit.

The children of the deceased originator and, under certain circumstances, those brought to the marriage by the surviving spouse:

• Those under the age of 18 or over the age of 18 if they have absolute permanent disability or serious disability.
• Children over the age of 18 and under the age of 22 or 24 (if neither of the parents is living or if the orphan has a disability of 33%), when they are not employees or self-employed workers, or if they are, their earnings are less than 100% of the national minimum wage.
• Children born after the death.

A deceased or missing person whose death originates the right to the benefit.

More information on Originators

If the death was before 01/01/2008, it is necessary to certify a contribution period that varies according to the employment status of the deceased and the cause of death:

• Affiliated or with assimilated affiliation status for 500 days within an uninterrupted period of 5 years before the death or 15 years during all their working life.
• Not affiliated: 15 years over the entire working life.
• Pensioners: No contribution period is required.

If the death was after 01/01/2008 and the deceased was affiliated or in a situation assimilated to affiliation, no prior contribution period is required.

Nor is any prior contribution period required when the death is caused by a work-related injury or occupational disease.

The economic benefit is calculated by applying 20% to the corresponding regulating base, which varies according to the employment situation of the deceased on the date of death and the cause of death.

When there are no surviving parents, the benefits corresponding to the absolute orphan will be increased in accordance with the situation they are in, according to the established amounts.

The sum of death and survival pensions is limited to 100% of the originator's regulatory base, with exceptions.

• Originators who were affiliated, assimilated to affiliation or not affiliated: The day after the causal event,when the application is made in the three months following the date of death.
• Originators who are pensioners: The first day of the month following the date of the causal event, when the application is submitted within the 3 months following the date of death.

When the application is submitted after the 3 months following the date of death, it is paid with a maximum backdating of 3 months from the application date.

The pension is paid monthly, with two extra payments in the months of June and November, except in the case of pensions for work-related injury and occupational disease, which are paid in twelve ordinary monthly instalments.

The pension has guaranteed minimum amounts and it is adjusted at the beginning of each year.

When the orphan is under the age of 18, the orphan's pension will be paid to the guardian. When orphans reach the age of 18, it is paid directly to them.

The pension is exempt from Personal Income Tax (IRPF).

The orphanage pension is compatible with any income from work of the person who is or has been the spouse of the originator, or the orphans themselves, as well as, if this were the case, with the widowhood pension the former may receive.

Nevertheless, in certain situations, the pension may be suspended or be incompatible with other Social Security benefits.

More information on Compatibility and Incompatibility

• Application presentation: There are no deadlines.
• Application resolution: 90 days from the application presentation date. Currently, the average period of time is 13 days.

• Upon reaching the maximum age, except for people with disabilities.
• Upon termination of the disability that granted the right to the pension.
• Due to adoption.
• Upon remarriage, with exceptions.
• On death.
• Upon it being proven that a missing worker did not die.

Application for Survivors' Benefits.

The documents listed on the application form.

At a Social Security Support and Information Centre or an office of the Marine Social Institute, for sea workers.

The right to the pension is granted by the National Institute of Social Security (INSS) or the Social Marine Institute (ISM) in the case of sea workers. When the death is due to work-related injury, it may be granted by the Mutual Society for Work-Related Injuries and Occupational Diseases.

• The right to collect the pension does not expire.
• If, when the pension expires, the beneficiary has not received 12 monthly payments, they will receive a lump sum payment with the amount required to complete it.
• As regards work-related injury and occupational disease, the deceased is considered to have been duly affiliated at the time of death, even if the employer had not fulfilled its obligations. In addition, each orphan and survivor of a common law marriage is also granted a special lump sum payment equal to one monthly payment of the regulatory base.
  
• Special Schemes:
  • Special Agricultural Scheme
  • Special Scheme for Self-Employed Workers
  • Special Scheme for Domestic Employees
  • Special Scheme for Coal Mining
  • Special Scheme for Sea Workers.

Frequently Asked Questions