Social Security

Recipients / requirements

Those included in the General Scheme who are declared to be permanently partially disabled, regardless of the cause, as long as they meet the following requirements:

• Aged under 65 on the date of the causal event or in other cases, when they cannot meet the requirements for a contributory pension from the Social Security System, if the disability is due to common contingencies.
  

• Affiliated and on active or assimilated contributor status.
  
  Workers are considered to be fully affiliated and on active contributor status when the disability is caused by an employment injury or occupational illness, even if the employer has not met with his or her obligations.
  
  Legal strikes or lockouts are considered to be special affiliation statuses.
  
  Sales representatives, artists and bullfighting professionals must also be up to date on the payment of their contributions on the day that the contingency occurs. If they are not up to date, they will be advised of the need to pay the outstanding amount, as long as the payments due do not affect the exclusion period, with the payment of the benefit made upon completion of this obligation.

• To have a previous contribution period covered, if the disability is caused by a common illness:
  
  • Of 1,800 days of contributions in the 10 years immediately prior to the date on which the temporary disability, from which the permanent disability arises, terminated.

In the case of contracts for part-time work, substitution or permanent-intermittent work, when accrediting their contribution periods they will include in the calculations only the contributions made in relation to the hours worked, both ordinary and complementary, calculating their equivalence in theoretical contribution days:

1. The number of hours actually worked is divided by 5, the daily equivalent of 1,826 hours annually.
2. The 10 year period within which the 1,800 days must be included or those which, if applicable, are increased in the same proportion as the reduction for the working day actually worked is when compared with the normal working day for the corresponding activity.
3. A fraction of a day, when appropriate, is calculated as a full day.

No previous contribution period will be required if the disability is due to an accident, whether work-related and non-work related or from an occupational disease

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Assimilated Contributor Situations

• The legal status of unemployed, totally and receiving benefits, as well as when workers have been made voluntarily unemployed, once contributory and welfare benefits have been used up, as long as they continue to be registered as unemployed at the employment office.

• The situation of the worker during the period corresponding to paid annual holidays that were not taken before the contract ended.

• Forced leave.

• The period of time when a worker goes on leave to care for a child, foster child or other family members, which exceeds the period considered as an effective contribution period in Article 180 of the LGSS.

• Transfer of the employee by the company outside of Spain.

• Signing of a special agreement  of any type.

• Periods of inactivity between seasonal jobs. 

• Prison terms served as a result of the cases outlined in the Amnesty Act 46/1977, of 15 October, under the terms governed in Law 18/1984, of 8 June.

• The situation of workers not on active contributor status or in any other assimilated situations, after having provided services in jobs that held a risk of occupational sickness, and only in relation to declaring a permanent disability due to this eventuality.

• The periods when aid is received for early retirement and before ordinary retirement.

• The situation of temporary disability that continues after the contract has ended. 

The situation of maternity or paternity that continues after the employment contract has ended or that starts while receiving unemployment benefits.

• The situation of extended conditions of temporary disability.

• In the case of artists and bullfighting professionals, the days considered to be contributory in each calendar year in accordance with the legislation that regulates their contribution and which do not correspond to the provision of services.

• In the case of workers affected by toxic shock syndrome who, as a result, stopped their job or professional activity at a particular time during the tax year and have not been able to resume their job during that year, and had active contributor status in one of the Social Security schemes, the assimilated contributor status and common contingencies will be subject to the terms of the scheme that the workers were included in when they finished work. 

• The period that the employment contract is suspended due to the worker's decision to stop working as a result of gender-based violence.

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Right-Granting Event / Economic Conditions

• Right-Granting Event:
  
  If the permanent disability occurs following the end of the temporary disability from which it is derived, either due to completion of the period or due to medical release with a permanent disability proposal, the right-granting event is understood to have occurred on the date on which the temporary disability ended.
  
  If the permanent disability is not preceded by a temporary disability, or if it has not ended, the right-granting event is understood to have occurred on the date that the decision-proposal was issued by the Disability Assessment Team (EVI).

• Economic Conditions: the benefit is granted as soon as the corresponding resolution is issued.

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Amount / Payment

Amount:

• The benefit consists of a lump-sum compensation.
  
  
• The compensation amount is equal to 24 months of the base pension used to calculate the subsidy for the temporary disability from which the permanent disability is derived.
  
  
• In cases in which there was no previous temporary disability, because the beneficiary did not have coverage, the base pension that would have corresponded to a temporary disability, had the beneficiary acquired that right, is used.

Payment:

• A single payment is made.
  
  
• Minimum amounts are guaranteed in cases of partial permanent disability, occurring under the Work-related Injury Regulation (approved by decree on 22-6-56), when the beneficiaries reach the age of 65.
  
  
• The benefit is subject to taxation under the terms established in the regulations on Personal Income Tax (IRPF) and it is subject, when appropriate, to the general system of tax withholdings.

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Compatibilities

• It is compatible with performing any working activity, both as an employee and as a self-employed worker.


• It is compatible with keeping the job held. 

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Management / Payment

• Management is carried out by:
  
  
  • The National Social Security Office (INSS) in general.
    
    
  • The Marine Welfare Institute (ISM), in cases in which workers are included under the Special Scheme for Sea Workers.
  
  
• Payment is made by:
  
  
  • The National Social Security Office (INSS) or, when appropriate, the Marine Welfare Institute(ISM), when the permanent disability is the result of common sickness or non-occupational injury.
    
    
  • The National Social Security Office (INSS), when the permanent disability is caused by occupational sickness.
    
    
  • The National Social Security Office or the Social Security Employment Injuries and Occupational Illnesses Mutual, as appropriate, when caused by occupational injuries.

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