Social Security

Children who give the entitlement to the benefit

The third child born or adopted and all others thereafter will be originators, as long as the birth or formalisation of the adoption took place in Spanish territory before 16/11/2007. To this end:

• For such purposes, the birth or adoption which took place abroad will be considered to have occurred in Spain if it can be shown that the child has been immediately integrated into a family living in Spain.

• A child is understood to have been born, when the foetus has human form and been alive for 24 hours after having been completely removed from the mother's womb (Art. 30 of the Civil Code).

• To calculate three or more children, all of the children that live together in the family unit and are under the care of the parents or adoptive parents will be taken into account, irrespective of the family relationship (common or uncommon). Children affected by a disability greater than or equal to 33%, the calculation will be doubled.

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Beneficiaries:

Parents or adoptive parents that have, either through birth or adoption, 3 or more children, so long as:

• They have their legal residence in Spain. This condition will be considered to have been met if workers relocated by their company outside Spain are in an assimilated contributor situation and make contributions to the relevant Spanish Social Security scheme.

• Parents, foster parents or whoever fosters the minor do not have a right to benefits of this type in any other social protection scheme. 

• They do not receive annual income, of any type, above 9,328.39 euros. This amount is increased by 15% for each child or minor in foster care, after and including the second child. The income earned by the recipients the year before the birth or adoption took place will be taken into account to determine the income limit.
  
  In the case of large families, annual earnings must not exceed 15,903.65 euros for families with 3 dependent children. This amount increases by 2,575.95 euros for each dependent child after and including the fourth child.
  
  Nevertheless, the income limit may be exceeded, when the recipient's income, even surpassing the limit established, is less than the figure resulting from adding to this the amount (450.76 euros) of the economic benefit for the birth of the third child or more.

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Determining the beneficiary

• If the parents or adoptive parents live together, the recipient will be:

• Either one of them, by mutual agreement. It is assumed that this agreement exists when the benefit is requested by one of the recipients.
• If no agreement is reached, the recipient will, where appropriate, be the mother.
• If one of the parents is affiliated to the Social Security Scheme and the other is not, with both having recipient status, the one who is affiliated to the Social Security Scheme will take priority.

• If the parents or foster parents do not live together, the recipient will be the person who has guardianship and custody of the child.

• If the originator is orphaned by their parents or adoptive parents or is abandoned, the recipient will be the natural person legally responsible for them, so long as are already responsible for two or more children.

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Amount

• The benefit will be a single payment of up to 450.76 euros, as long as the beneficiary's income does not exceed the established limit (mL).

• If any type of annual income received surpasses the established limit (Ml) but is below the joint amount resulting from adding the benefit amount to this limit (ML), the amount to be paid will be equal to the difference between the income received by the recipient and the joint amount indicated.

Application rules:

(1) If annual income is less than or equal to the mL depending on the total number of children, the full benefit will be received (A).

(2) Maximum limit (ML) calculated to determine eligibility for differential allocation (D). The maximum limit is the minimum limit plus 450.76 euros for each child after and including the third, that is, ML = mL +  450.76 x no. of children born or adopted.

(3) (3) The benefit will not be granted when the difference (D) between the maximum limit and income received (I) is less than the specified amounts.

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Compatibilities

The benefit for the birth of the third child or more is compatible with:

• The benefit for multiple birth, caused by the same originator.
• Allowances for each dependent child.
• The orphanage pension and any grandchildren and siblings pension which might apply.

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Incompatibilities

• When the circumstances necessary for receiving family benefits are met in both parents or adoptive parents or, where appropriate, foster parents, the right to receive the benefit will only be recognized in one of the parents.

• The benefit will be incompatible with parents or adoptive parents or, where appropriate, foster parents receiving any similar type of benefit in the remaining social protection schemes.

• If one of the parents or adoptive parents is included, based on their activity performed or their status as a pensioner, in a Social Security scheme, the appropriate benefit will be recognized by this scheme so long as this person meets the requirements necessary for being a recipient of this benefit.

• When recipients have the right to the same benefit from several social protection schemes for the same originator, they must choose one of them.

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Documents which must accompany the application

In all cases:

• National Identity Card of the father and mother. If foreigners, residency card or permit, if applicable.
• Tax identification card.
• Up to date Family Book or non-labour card for foreign dependent children residing in Spain.
• Income Tax Declaration from the last tax year or personal declaration of not having the obligation to present it.
• Town Council Certificate relating to the usual residence of the parents. In the case of common-law couples, cohabitation for more than 2 years must be accredited, if they do not have children in common.
• Large family booklet, where appropriate.
• National Identity Document of children over 16 years of age.

Only under the following circumstances:

• In cases of legal separation or divorce, if there is a final judgement, the "judgement testimony" must be presented if it assigns custody of the children, and the "regulating agreement testimony", if that is where the guardianship and custody is assigned.

• If in the process of separation or divorce, the "testimony of judicial approval of provisional measures" in which the guardianship and custody are agreed must be presented.

• In cases of de facto separation, documentation certifying this circumstance.

• This documentation must be presented at any of the Social Security's Support and Information Centres .

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