Social Security

General requirements demanded

The general requirements to gain entitlement to permanent disability benefit in the Special Schemes, in each case, are the following:

• To be affiliated or in a situation assimilated to being affiliated in the corresponding Scheme. Nevertheless, there may be a right to a pension for absolute permanent disability or outstanding disability, stemming from common contingencies, from a non-affiliated situation.
  
  
• To meet the minimum period of contribution demanded, if this were the case.
  
  
• Being up to date with all contribution payments for which the workers are directly responsible, even if the benefit is recognised as a consequence of a reciprocal contribution calculation in a scheme for employees.
  
  For these purposes, the payment request mechanism provided for in |art.  28.2 of Decree 2530/1970, of 20th of August will be applied, no matter which Social Security Scheme the interested party belongs to when he or she receives the benefit or has reason to receive it.
  
  
• Meet the conditions for inclusion in the agricultural census. This requirement only applies to the Special Agricultural Scheme.

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Special Scheme for Self-Employed Workers

The benefit is granted under the same terms and conditions as for the General Scheme of the Social Security, with the following particular conditions. 

Occupational contingencies (WRI and OD):

Self-employed workers can access the benefits arising from these contingencies, as long as they have voluntarily increased their coverage to include the contingencies of WRI and OD, or have compulsory cover for these contingencies and, in addition, either previously or simultaneously, have opted to accept coverage of the temporary disability benefit.

Concept of a WRI:

A WRI is considered to be an injury that has occurred as a direct and immediate consequence of work carried out as a self-employed worker and which determines its inclusion within the scope of application of this special scheme. The following have this consideration:

• Those occurred in acts of rescue and other similar nature, when they are related to the job.

• Injuries the worker suffers during the time and in the place of work, when it is proved that they are connected to the work carried out as a self-employed person.

• Diseases, not considered occupational, contracted by the worker due to carrying out their work, as long as it is proved that the disease was caused exclusively by this.

• Diseases or defects for the worker caused beforehand, which are aggravated as a consequence of an injury constituting an accident.

• The consequences of the accident that are modified in their nature, duration, seriousness or termination by intercurrent diseases which constitute complications arising from the pathological process determined by the accident itself or which are a result of diseases acquired in the new environment in which the patient has been situated.

The following are not considered to be WRIs:

• Injuries suffered by workers while travelling to or returning from their place of work.
• Injuries which are due to force majeure outside of the workplace.
• Injuries which are a result of criminal intent or negligence of the worker.

In the case of TRADEs, WRIs are considered to be all bodily injuries suffered by TRADEs as a result of their professional activity, injuries suffered while travelling to or returning from their place of work or injuries caused by or which are a consequence of carrying out said professional activity. Unless proven otherwise, it is assumed that an injury has no relationship to work when it does not occur while carrying out the relevant professional activity.

Concept of an OD:

This is a disease contracted as a consequence of work carried out as a self-employed worker, by virtue of which, the worker is included in the scope of application of this special scheme, caused by the action of the elements and substances, and in the activities included in the list of occupational diseases with the relationships to the main activities capable of producing them, appendix to RD 1299/2006 of 10 November.

Surcharge for lack of preventative measures against work risks:

The surcharge for financial benefits is not applicable in the case of WRI and OD.

Base Pension:

• If the disability arises from a common contingency (common disease or non work-related injury), there is no filling-in of gaps. Therefore, if months were to appear during which there was no obligation to contribute in the calculation period being taken into account, they will not be completed with the minimum bases in force for workers over 18 years of age.

• If the disability arises from an occupational contingency, it will be equivalent to the contribution base of the worker on the date of the triggering event.
  
  

Partial Permanent Disability:

• If it arises from common contingencies, it is not protected.

• If it arises from occupational contingencies, it is protected. Partial permanent disability for the usual occupation is a disability that without reaching a degree of total disability, causes the worker a reduction of no less than 50% of their normal performance in said occupation and does not prevent them from performing the basic tasks of the job.
  

Total Permanent Disability:

Percentage:

The pension for total permanent disability for the usual profession, will be increased by 20% of the base pension that is taken into consideration for determining the amount of the pension, as long as the pensioner:

• He does not carry out any paid work, either employed by another person or self-employed, which gives rise to the inclusion in any of the Social Security Schemes. The increase of the pension will be suspended for the period that the worker obtains employment or carries out paid work as a self-employed person which is compatible with the total permanent disability pension he was receiving.

• They do not own an agricultural or fish farm, or a commercial or industrial establishment as the owner, user or the like. 
  

Compensation:

The pension for total permanent disability, may be replaced by a lump-sum amount:

• If it arises from common contingencies, equivalent to 40 monthly payments of the base pension for these contingencies, as long as the interested party exercises this option within 30 days following the declaration of the disability. The option will be understood as made in favour of the life pension when the worker has reached the age of 60 on the date on which the benefit is understood as having been caused.

• If it arises from occupational contingencies, equivalent to 40 monthly payments of the worker's contribution base on the date of the triggering event of the benefit.

More information on this Scheme:

• Other benefits.
• Basic Regulations.
• Persons included in the scope of application of this scheme, affiliation, registration, termination and contributions.

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Special Scheme for Coal Mining

The benefit is recognised under the same terms and conditions as for the General Scheme of the Social Security, with the following particular conditions:

• Joint evaluation of the condition of the worker for the initial declaration of the permanent disability or its review:
  
  Both the initial as well as subsequent reviews of the disability classification will be carried out by evaluating the condition of the beneficiary resulting from the whole set of anatomical or functional reductions determined by the different contingencies that may have arisen.

• Regulatory base:

When permanent disability arises from common contingencies, the regulatory base will be the corresponding base in each case, although the contribution bases to be taken into account will be the standardised bases.

• In the event of total permanent disability the age allowances are applied, both for the purposes of the special replacement of the life pension for compensation amount up to 20% higher than the relevant total permanent disability benefit.
  
  These allowances result from applying to the period of time effectively worked in each professional category of coal mining, the corresponding coefficient, in accordance with a scale that runs from 0.05 to 0.50 according to the danger and toxicity of the activity carried out.
• Amount of the pension for absolute disability and serious disability on reaching retirement age:
  
  Beneficiaries:
  
  Pensioners with absolute permanent disability or serious disability in this Special Scheme who meet the following requirements:
  
• To have a real age of 65 years or the theoretical age resulting from applying the age reductions referred to in the point above.
• Not to be the holder of any other Social Security pension or having renounced it.
• That the pension for absolute permanent disability or outstanding disability has not substituted, by option, the retirement pension that the interested party would receive in this Special Scheme.

Amount:

The new amount will be equivalent to that which would correspond, on the first day of the month following that in which the interested party exercises their right to a specific retirement pension in accordance with certain specific rules, as long as this amount is greater than that they had before.

More information relating to this Scheme:

• Other benefits.
• Basic Regulations.
• Persons included in the scope of application of this Scheme, affiliation, registration and termination and contributions.

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Special Scheme for Sea Workers

This is a lifelong economic benefit for workers who show serious loss of bodily or functional abilities which can be objectively determined and are permanent, which decrease the ability to work or make it impossible after undergoing the prescribed treatment and receiving the medical release.

The medical release is not required to assess the permanent disability in cases in which permanent damage is present.

Disability that exists following the completion of the maximum duration period established for a temporary disability, will be considered permanent in the degree determined, unless it is recommended to suspend the classification due to the clinical situation of the party in question.

The permanent disability is measured initially and is reviewed periodically under the following classification:

• Partial permanent disability for regular job.
• Full permanent disability for regular job.
• Absolute permanent disability for any job.
• Complete invalidity.

General conditions and requirements: the same as for the General Scheme

More information relating to this Scheme:

• Other benefits.
• Basic Regulations.
• Persons included in the scope of application of this Scheme, affiliation, registration and termination and contributions.

Processing: Provincial Offices and Local Offices of the ISM.

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