Social Security

General requirements demanded

The general requirements for entitlement to benefits in the Special Schemes, in each case, are the following:

• Being affiliated or in a situation assimilated to being affiliated in the corresponding Scheme. However, a worker may be entitled to a pension from a non-active status, if he or she meets the established requirements.
  
  
• 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.

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Special Scheme for Self-Employed Workers

Death and survival benefits are recognised under the same terms as the General Scheme for 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 due to lack of occupational risk prevention measures:

The surcharge on benefits due to lack of occupational risk prevention measures is not applicable.

Base Pension:

• If death is the result of a WRI or OD, it will be equivalent to the contribution base of the worker at the time of the triggering event.

• In the cases of exemption from making contributions, , the contribution bases that correspond to the monthly payments for each tax year exempt from making contributions will be equivalent to increasing the average contribution bases for the previous calendar year by the known average variation percentage of the CPI  in the last specified year. The bases calculated in this way cannot be less than the minimum contribution bases set annually for these workers in the General State Budget Act.
  

Triggering event of the benefit:

• The day of the death, if it was caused by occupational contingencies.
• The last day of the month in which the originator died.
• The date of death, for death benefit.
• The last day of the month of birth, if the beneficiary of the orphan's pension is born after the death of the worker.
• The application date, in cases when the pension is accessed from non-contributor or assimilated contributor status.
  

Economic effects:

• If death is caused by professional contingencies:
  • The day after the death, if the application is submitted within 3 months of this day.
  • For all other cases, the maximum retroactivity is set at 3 months from the application date.
• For all other cases: the fist day of the month following the causal event, if the application is presented within 3 months of this date.
  

More information relating to this Scheme:

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

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Special Scheme for Coal Mining

Death and survival benefits are granted under the same terms and conditions as in the General Scheme of the Social Security, with the following particular conditions:

• Benefits originated by people who receive permanent disability pensions, whose amounts have changed due to retirement (to the corresponding new amount), will be determined in accordance with the regulatory base that was used to calculate the amount of the new pension and the amounts of death and survival benefits calculated in this way will increase with the improvements or revaluations that have taken place from the date of the triggering event of the new amount, or from the date of the triggering event that originated the pension that was waived.

• Receiving a retirement pension or being an originator will not be an obstacle to determining whether death occurred due to a work-related injury or occupational disease, in accordance with the regulatory legislation on this issue. If this is determined, the worker will only be entitled to death and survival benefits that correspond to such contingencies.

• More information relating to this Scheme:

• Other benefits.
• Basic Regulations.
• People included in the scope of applicationof this Scheme, affiliation, registration and terminationand contributions.

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Special Scheme for Sea Workers

The benefits are granted under the same terms and conditions as in the General Scheme of the Social Security.

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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