Social Security

General requirements demanded

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

• Being on active contributor status in the corresponding Social Security Scheme.
  
  
• Being up-to-date with all contribution payments for which the workers are directly responsible, even if the benefit is granted 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

Benefits are granted with the following special features:

Protected Status:

The period that the professional activity is not being performed during the breastfeeding period, when performing this activity could have negative effects on the health of the female worker or the health of her child, and this is certified by the medical services of the INSS or competent Mutual Society for Work-Related Injuries (WRI) and Occupational Diseases (OD).

Beneficiaries:

Self-employed female workers who have interrupted their professional activity due to being in said situation, as long as they meet the general requirements on the date when the interruption occurs.

Financial Benefit:

The financial benefit consists of a subsidy equivalent to 100% of the regulatory base:

• Equivalent to the regulatory base established for Temporary Disability (TD) arising from occupational contingencies, taking as a reference point the date on which the certificate is issued by the medical services of the INSS  or the Mutual Society.
• Equivalent to the regulatory base established for TD arising from common contingencies when the relevant scheme does not include cover for occupational contingencies and when the scope of protective action has not be voluntarily improved to include protection for this situation or occupational contingencies.

Beginning of the right and its duration:

• The entitlement begins the day after the certificate is issued by the medical services of the competent Managing Body or collaborating body, although the financial effects  will not begin until the date on which the corresponding professional activity actually stops.

• It is paid during the period required to protect the health of the female worker and/or her child, (maximum duration is until the child turns 9 months old), unless said female worker resumes her professional activity or starts another activity that is compatible with her condition. 

Termination:

• Due to the child reaching 9 months of age.
• Due to the female worker resuming her professional activity.
• Due to termination from the special scheme of the Social Security in which the worker was included.
• Due to stopping breastfeeding.
• Death of the beneficiary.

Management / Payment:

• The management and payment shall be carried out by the Managing Body or Mutual Society for WRI and OD with which the self-employed female worker has agreed coverage for professional contingencies, whether the coverage is obligatory or voluntary.

• When the female worker has not agreed coverage for occupational contingencies, but is covered for TD arising from common contingencies, the Managing Body or collaborating body shall cover said situation.

• In the cases of female workers included in the RETA  who are not covered for TD arising from common contingencies, when this cover is optional, the Managing Body will be responsible for the management of the benefit.

• The payment shall be made by the competent body on the start date of the financial effects of the benefit, irrespective of whether during the situation of risk there is a change in the body that covers the common or occupational contingencies, as applicable.

Declaration of activity status:

Female workers included in the RETA , except those included in the Special Scheme for Self-Employed Agricultural Workers and the 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 date on which activity was suspended.
• While the situation of risk during breastfeeding lasts, the worker is required to submit this declaration every six monthscounting from the date on which the situation began, if it was required for this.

Failure to submit the declaration, within the maximum indicated deadline, will cause the suspension of the start of benefit payments and may automatically initiate actions to verify the situation of the establishment owned by the beneficiary.

If, as a result of administrative actions, the beneficiary 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, if the declaration is not submitted in time or, as the case may be, the benefits have been collected when ineligible, 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.

Granting the right:

• The procedure is initiated upon the request of the female worker, by a report that must be requested from the Public Health Service doctor, in which the breastfeeding situation is certified.

• On a later date, the female worker will request the issuance of a medical certificate stating the existence of risk during breastfeeding at the appropriate Managing Body or collaborating body, providing:
  • The Public Health Service report.
  • Declaration of the female worker on the activity being carried out and stating that there is no job or job role in which an activity compatible with their status may be performed, in their capacity as a self-employed female worker.

• Once the risk has been certified, in order to gain entitlement to the benefit the female worker must submit the application to the competent Provincial Directorate of the Managing Body in the province in which they reside or to the appropriate Mutual Society for WRI and OD.

• The application must be made on the official forms and contain the information and circumstances set out in |art.  70 of Law 30/1992 of 26 November on the legal framework for public administrations and common administrative procedures, plus the required documentation.

• The Provincial Director of the Managing Body in the province where the interested party resides will make an express decision and inform said interested party within 30 days, counting from the receipt of the application of the interested party, under the same terms as for employees.

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 under the same terms and conditions as the Social Security's General Scheme .

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 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.

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