Social Security

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

Those who were married or were a de facto partner of the deceased and have not remarried:

• Spouse.
• Separated people, divorcees and people whose marriages were annulled.
• A de facto couple at the time of death.

More information on beneficiaries

It is necessary to certify a contribution period, which varies based on the employment situation 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.

No previous contribution period is required when the death is caused by a work-related injury or occupational disease.

It will also be necessary to prove some special conditions for marriages, if the death was due to a common disease prior to the marriage; of separation, divorce and annulment; of de facto partnerships.

More information on requirements

The economic benefit is calculated by applying 52% to the corresponding regulating base , which differs according to the employment situation of the deceased on the date of the death and its cause. When the recipient has family responsibilities and a certain income level, the percentage can be increased to up to 70%.

When this person cannot have a pension because of not being able to prove how long they were married , or because they do not have shared children, a temporary benefit will be paid for two years, at the same amount as the widowhood pension that would have been received.

More information on amounts

• 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 per year, which are paid with the payments for June and November, except for work-related injuries and occupational diseases, in which case they are spread over the twelve ordinary monthly payments.

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

The pension is subject to Personal Income Tax (IRPF).

• The pension is compatible with the recipient's income from work and with any retirement or permanent disability pensions that they may be entitled to.
  
• When the originator is not affiliated or in a situation assimilated to affiliation on the date of death, a widow's/widower's pension is incompatible with the recognition of another widow's/widower's pension from any of the Social Security Schemes, unless the contributions accredited in each one of the schemes overlap for at least 15 years.
  
• When a widow's/widower's pension has continued to be received, although a new marriage has been contracted or a new de facto couple set up, it will be incompatible with a new widow's/widower's pension that could be caused by the death of the new spouse or partner and the recipient must choose one of them.

More information on compatibility/incompatibility

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

• Remarrying or setting up a de facto couple, and the following exceptions .
• Upon being found guilty, in a final sentence, of the death of the originator.
• Gender violence.
• 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.

Entitlement to the pension is granted by the National Social Security Institute, the Marine Social Institute, for sea workers and a Work-Related Injury and Occupational Disease Mutual Society, when death is due to a work-related injury.

• The right to collect the subsidy does not expire.
  
• In cases of divorce where there is more than one beneficiary, the amount of the benefit will be proportional to the time living together of husband and wife, with 40% guaranteed for the surviving spouse. 
  
• Window's/widower's pension in cases of gender violence.
  
• 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, compensation equal to 6 months of the regulatory base is granted.
  
• 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