Social Security

Right-Granting Event / Economic Conditions

• The right-granting event is understood to have occurred on the date on which the temporary disability was terminated.


• The economic effects are determined at the moment of the classification; that is, on the date of the resolution from the Provincial Director of the INSS. However, the temporary disability subsidy termination date may be moved back, when the amount of the permanent disability pension is greater than that of the subsidy received up to that time, without retroactivity, in any case, if the worker is in a delayed classification situation.


• If the permanent disability is not preceded by temporary disability or if it has not been terminated:


• The right-granting event is understood to have occurred on the date on which the resolution-proposal is issued by the Disability Assessment Team (EVI).


• The economic conditions are set on the date of issue of the resolution-proposal.


• If the permanent disability occurs during a period while not on active contributor status or assimilated contributor status:


• The right-granting event is understood to have occurred on the application date.


• The economic effects are set on the same date. 

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Recipients / requirements

Persons included in the General Scheme, who have been declared to have a permanent absolute disability, irrespective of the contingency that caused it, as long as they meet the following requirements:

• Being under 65 years of age on the date of the triggering event or not meeting the requirements to access the System's contributory retirement pension, if the disability is a result of common contingencies.

• Being affiliated and having active contributor, assimilated contributor or non-contributor status.
  
  Workers are considered to be fully affiliated and on active contributor status when the disability is caused by a work-related injury or occupational disease, even if the employer has not met with his or her obligations.

Legal strikes or lockouts are considered to be a special contributor status.

• Having covered a previous contribution period, if the permanent disability is the result of a common disease or non-work-related injury and the interested party does not have active or assimilated contributor status.
  

If it is due to a common disease, with active or assimilated contributor status:

- Aged under 31:

• Generic contributory period: a third of the time from the 16th birthday to the date of the causal event.
• Specific contributory period: not required.

- Aged 31 or over:

• Generic contributory period: one quarter of the time from the 20th birthday to the date of the causal event, with a minimum of at least 5 years under all circumstances.

• Specific contributory period: one fifth of the required contributory period must be included:

• In the 10 years immediately prior to the causal event or
• In the 10 years immediately prior to the date on which contribution was no longer required, if the pension is granted during an active or assimilated contributor status, with no obligation to make contributions. Similarly, the paragraph above applies to those who become eligible for the pension while on active contributor status with the obligation to make contributions, without having completed the required specific period, when this originates from a situation with no obligation to make contributions immediately prior to the active or assimilated contributor status.

• Generic contributory period: 15 years.
• Specific contributory period: 3 years in the past 10.

For workers on part-time contracts:

To certify the corresponding contributory periods, only the contributions made based on regular and overtime working hours are counted, calculating the equivalence in theoretical contributory days:

• The number of hours effectively worked will be divided by 5, equivalent to the daily calculation on 1826 annual hours.
• A multiplying coefficient of 1.5 is applied to the number of theoretical contributory days obtained, giving the number of days considered as certified to determine the minimum contribution periods.
• A fraction of a day, when appropriate, is calculated as a full day.

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