Social Security

General requirements demanded

The general requirements to gain entitlement to this benefit in the Special Schemes are the following:

• Being affiliated  or in a situation assimilated to being affiliated in the corresponding Scheme.

• 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

These workers will have the same benefits, for the same length of time and with the same terms and conditions, as workers under the General Scheme, with the following exceptions.

Beginning of the right and its duration:

They may receive the benefit during the period from the birth of the child, from the ruling granting the adoption or the administrative decision or court ruling on foster care, up to the end of the period of leave for maternity, adoption or foster care, or immediately after the end of said leave, as long as, in all cases, the end of activity occurs during said period.

Paternity in the part-time work scheme:

They may take part-time paternity leave, but the benefit received and the reduction in activity must be 50%.

In order to grant this type of receiving the benefit and taking the corresponding leave, the interested parties must inform the Managing Body, upon requesting the benefit, which parent, adoptive parent, or foster parent is going to take the leave and if it will be taken simultaneously or consecutively.

The leave taken will be uninterrupted and only may adjusted upon the initiative of the worker, and as a result of reasons related to their health or the health of the child.

Declaration of activity status:

Workers who belong to the RETA, except for the workers included in the Special Scheme for Self-Employed Agricultural Workers and Special Scheme for Financially Dependent Workers (TRADE), will submit, if the Managing Body deems necessary, a declaration of activity status on the official form , on the person who is directly managing the commercial or industrial establishment, or establishment of any other nature of which they are the owner or, where appropriate, the temporary or definitive end of the activity being carried out.

Presentation deadline: within 15 days after the start date of the leave.

Failure to submit the declaration within the deadline indicated will have the following effects:

•  The suspension of the start date of the benefit,, which could automatically lead to the relevant action being taken in order to verify the current status of the establishment owned by the beneficiary.

• If, as a result of administrative actions, the recipient is declared to be ineligible for benefits, and benefits are already being collected, action will take place to ensure the return of these amounts.

• The provisions set forth in the previous two paragraphs are understood without prejudice to the fact that the appropriate disciplinary proceedings may be started in the cases in which the Managing Body deems necessary, taking into account the concurrent circumstances, duly assessed by the Managing Body.

Out of work and paternity:

When the triggering event for the out-of-work protection takes place while the worker is in a situation of paternity, they will continue to receive this benefit until it is used up. Once the paternity benefit has been used up, they can request, within the following 15 working days, out-of-work protection and provided that they meet the necessary requirements, the entitlement will begin on the day after the paternity benefit expired.

If while receiving the out-of-work benefit, the beneficiary finds themselves in a situation of paternity, the benefit and Social Security contributions will be interrupted and they shall start receiving the paternity benefit from the relevant managing body (INSS or ISM). After the paternity benefit has expired, the managing body of said benefit will inform the managing body of the out-of-work protection, which will automatically resume this benefit for the duration, amount and contributions that were pending at the time it was suspended.

The provisions of the foregoing paragraphs will apply to all workers included in the Special Scheme for Self-Employed Agricultural Workers, who meet the requirements provided for in Law 32/2010, of 5 August, with the particular conditions set forth in the Fifth Additional Provision of RD 1541/2011, of 31 October (the obligation to make contributions will begin on 01/01/2012).

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

This benefit is recognised in the same terms and conditions as the General Social Security Scheme , with the following difference:

• The base for calculating this benefit is the standardised base  that corresponds to the worker at any given time, according to the professional category that he or she had at the time the situation changed.

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 Sea Workers

The benefit is granted in the same way, within the same scope and under the same terms as the General Scheme of the Social Security.

More information relating to this Scheme:

• Other benefits.
• Basic Regulations.
• Those 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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