MINISTERIO
DE EMPLEO
Y SEGURIDAD SOCIAL

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Initiation of the Right / Duration / Termination



  • The right to health care is acquired on the day of affiliation  to the System, both for the holder as well as for his family members or assimilated beneficiaries.

  • The effectively of the right is produced, both for the holder as well as for his family members or assimilated beneficiaries, as of the day following that of the presentation of the affiliation in the corresponding scheme and is conserved, nevertheless, without a solution of continuity, when on changing company more than five years has not passed between discharge and communication of affiliation in the new company.

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  • Affiliated workers, pensioners and family members of either,while the pathological process lasts.

Workers who have suffered a work-related injury or occupational disease maintain the right to health care throughout the process, even in the event of Social Security cessation.

  • In the case of workers who are no longer affiliated with the Social Security and their beneficiaries, the duration varies according to the period for which contributions have been made.
    • If they have 90 days of contributions within the previous 365 days, they retain their entitlement to start receiving the benefit in the 90 days subsequent to the termination of affiliation. The duration of the benefit will be:
      • 52 or 39 weeks, according to whether it is a worker or beneficiary, if the health care starts before the termination of affiliation.
      • 39 or 26 weeks, according to whether it is a worker or family member, if the health care starts after the cessation.
    • If they do not have 90 days of contributions within the previous 365 days, as long as the health care started before the termination of affiliation, it will last for 39 or 26 weeks according to whether it is a worker or family member.
  • Emigrants and their family members in foreign countries, for the abovementioned periods, which can be extended in exceptional circumstances.
  • Workers on leave for doing military service and substitute social service:

The beneficiaries under the charge of these workers will conserve their right to health care while they remain in these situations and for the 30 days envisaged by the Workers Statute for their reincorporating into the company; during these 30 days, the worker will enjoy the same right.

  • Workers with special contributor status due to legal strike or lockout,for as long as this situation lasts.
  • Workers on leave to care for children or foster children, during the first two years, which is increased to 30 or 36 months in large families, depending on their category (general or special).

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  • When the conditions required to be the holder or beneficiary of the right are lost.
  • By death.

                              



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