Compatibilities / Incompatibilities

Is receiving the absolute permanent disability or severe disability pension incompatible with working?

Both pensions are compatible with carrying out such activities, whether profit-making or not or compatible with the disability condition, so long as they do not represent a change in the pensioner's ability to work which may give rise to a partial review by the management body. If the activities carried out exceed the established conditions, they will be incompatible and the pension may be suspended.

If work able to be included in any Social Security Scheme is carried out, then the worker must be affiliated and pay contributions, as well as communicate the beginning of any job performed for someone else or on a self-employed basis to the National Social Security Institute, unless it is the result of an occupational disease, in which case prior authorisation will be necessary.

Is receiving a total permanent disability pension compatible with working?

Receiving a total permanent disability pension is incompatible with carrying out a job in the same occupational category or group, although it is compatible with any other type of job activity in the same company or another company.

However, receiving the 20% increase in the base pension of the total permanent disability is incompatible with working for someone else on a self-employed basis, or Social Security benefits that might result from such work, such as temporary disability or maternity benefit which continues after the working relationship or professional activity, or any unemployment benefit due from such work.

Any work carried out by the pensioner must be communicated to the National Social Security Institute, unless it results from an occupational disease, for which prior authorisation will be necessary.

Is receiving the unemployment and permanent disability benefit compatible?

If when they are disabled the person receiving a total permanent disability benefit loses or is suspended from a job compatible with their pensioner situation, they will be entitled to receive the unemployment benefit due to them, as well as the pension.

Is the permanent disability pension compatible with retirement?

  • It is incompatible with the retirement pension from the same scheme, and they will have to choose one of them.

  • The permanent disability pension may be compatible with a retirement pension from another scheme, unless in order to prove the entitlement or complete it it is necessary to go to the scheme that recognizes the retirement (affiliation or assimilated situation, establishment of exclusion period, amount of base pension), in which case it will be necessary to choose one of them.

    However, if the contributions of the scheme for which retirement has been recognized were only used to quantify the amount of the permanent disability, with it being possible to dispense with these contributions to generate the right, the recognition of two compatible pensions will be possible, calculating each of them with the contributions from each of the schemes. For this, it would be necessary to recalculate the disability pension without taking into consideration the contributions of the scheme that recognizes retirement. 

  • A WRI disability pension awarded in accordance with the old Work-related Injuries Regulation of 22.06.56 would be compatible with any other pension.

Is receiving the non-disabling permanent injury compensation compatible with the permanent disability pension, at any of its levels?

  • It is incompatible with the economic benefits established for permanent disability, unless the injuries, mutilations or deformities are wholly independent of those taken into consideration for declaring the permanent disability and its degree.

  • It is compatible with the job in the same company.

    Is express authorisation by the INSS necessary for making receipt of the permanent disability pension compatible with carrying out a job activity?

    Irrespective of the compatibility or incompatibility which, where appropriate, may result in an activity being carried out, only the professional activity needs to be communicated to the relevant management body.

    However, pensioners with a permanent disability resulting from an occupational disease, will only be able to work for someone else if they have previously obtained authorisation from the INSS.

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