Social Security

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

The following family members who, having lived with and having been financially dependent on the deceased for a minimum of 2 years before the date of death, are not entitled to another public pension, lack the means to subsist and can certify that they meet the established requirements:

• Grandchildren and siblings.
• Mother and grandmothers.
• Father and grandfathers.
• Children and siblings of retirement or permanent disability pensioners.

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

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.

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.

If there is no surviving spouse nor children with a right to the pension, the amount of the family members' pension will increase by the 52% corresponding to widowhood, by order of preference  and up to a limit of 100% of the regulating base.

• 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.

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

• The pension is incompatible with a certain income level and with receiving other public pensions.
  
• The fact that grandchildren and siblings over the age of 18 work, generates the same suspension effectsas for an orphan's pension.

Submitting the Application: There are no deadlines.

Decision on the application: 90 days from the application presentation date. Currently, the average period of time is 13 days.

Grandchildren and siblings:

• 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.

Ancestors and children and siblings of the pensioner:

• By marriage.
• On death.
• Upon it being proven that a missing worker did not die.

Applying 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 Social Security Institute (INSS) or by 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.
• As regards work-related injuries and occupational diseases, the deceased is considered to have been duly affiliated at the time of death, even if the employer had not fulfilled his obligations.  When the father or mother was a dependant of the deceased, a special lump some compensation is granted equivalent to 9 monthly payments, or 12, if it is for both of them, of the base pension.
  
• 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