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Procedures and Formalities

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Care of minors affected by cancer or another serious illness




Procedure for the benefit for care of minors affected by cancer of another serious illness.


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Purpose:

It is a benefit to compensate for the loss of income suffered by working parents, adoptive parents or foster parents, who reduce their working hours and salary to care directly, continuously and permanently for a dependent minor, affected by cancer or another serious illness stipulated by law.

When the benefit starts:

The entitlement to the benefit accrues on the same day that the reduction in working hours begins, provided that the application is made within three months of the start date of the reduction.
If the application is submitted outside of this period, the financial effects will only be able to be backdated by a maximum of three months.

Duration:

The initial period for granting the benefit will be one month, which is extendable by two months if the need to care for minor continues. This must be proven by a report from a Public Health Service (SPS) doctor or the administrative healthcare body of the corresponding Autonomous Community responsible for the minor´s care.

Originators:

The beneficiary´s dependent children or adopted children under 18 years of age, who required direct, continuous and permanent care because they:

  • Suffer from cancer or another serious illness that requires long-term hospital admission.
  • Need to continue with medical treatment at home following the diagnosis and hospitalisation.
Beneficiaries:

Employed or self-employed workers of either gender who reduce their working hours by  at least 50% in order to care for the minor.

When both parents, adoptive parents or foster parents are entitled to the benefit, it may only be granted to one of them.

Requirements:
  • The parents, adoptive parents or foster parents in each family unit must be affiliated and have active contributor status in any of the public schemes of the Social Security, Social Welfare Mutual Society by the relevant professional association.
  • Having the minimum required contribution period:
    Persons under 21 years of age: do not require a minimum contribution period
    Persons aged 21  and over and under the age of 26: 90 days of contributions in the 7 years immediately prior to the date when leave starts or, alternatively, 180 days of contributions in all their working life.
    Aged 26 and over: 180 days of contributions in the 7 years immediately prior to the date when leave starts or, alternatively, 360 days of contributions in all their working life.
  • Being up-to-date with payments of Social Security contributions.
Amounts:

A benefit equivalent to 100% of the regulatory base established for the temporary disability benefit arising from occupational contingencies, or common contingencies when cover for occupational contingencies has not been selected, applying the percentage of reduction in working hours.

Management / Payment:

Payment will be made by the corresponding managing body or Social Security mutual society partner, with which the worker has cover for occupational contingencies or, when they do not have this cover, the one which covers their ordinary contingencies.

Further information about payments 

Deadlines:

The Managing Body or Mutual Society shall issue an express decision and send notification within 30 days counting from receipt of the application.

Forms and Documentation:

The appropriate approved application form must be submitted together with the documents required to prove identity and accredit the circumstances surrounding the benefit entitlement.

Suspension/Termination:

The benefit will be stalled due to a suspension in the employment relationship for any reason or, in the event of alternating receipt of the benefit,  when the benefit it granted to the other parent.
The benefit will be terminated due to:

  • The beneficiary starting full-time work.
  • The minor no longer requiring care.
  • One of the parents stopping work.
  • The minor turning 18 years old.
  • The death of the minor or beneficiary of the benefit.

More information on denial, annulment, suspension and termination


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