Orphanhood Pension

Procedure

Procedure for Social Security Orphanhood Pension

General Information


Purpose:

Protection of financial needs following the  death of the person that triggered the entitlement.

Beneficiaries:

Children of the deceased originator and, under certain circumstances, those brought into the marriage by the surviving spouse:

  • Under 21s or adults with an absolute permanent disability or serious disability.
  • Over 21s and under 25s when they are not employed or self-employed or, when in employment, the income earned is less than the minimum professional wages established at any given moment. If the orphan is studying and turns 25 during the course of the school year, the orphanage benefit payments will be maintained until the first day of the month immediately following the start or the next academic year.

In the event of single orphanhood, i.e., when one of the parents is still alive, the  age limit of 25 will be applied gradually, until its full implementation in January 2014.

Originator:

The deceased or missing person, whose death triggers the right to entitlement.

Further informationabout the Originator

Requirements:

If the Originator died before 01/01/2008, evidence must be provided regarding the contribution period, which varies based on the employment status of the deceased and the cause of death:

  • Affiliated or with asituation assimilated to affiliation, for 500 days within an uninterrupted period of 5 years imemdiately before the death or 15 years over his/her entire working life.
  • Not affiliated: 15 years over his/her entire working life.
  • Pensioners: No contribution period is required.

If the Originator died after 01/01/2008 and was affiliated or had a situation assimilated to inscription, no previous contribution period is required.

Nor is any previous contribution period required when the cause of death is attributable to a work-related accident or occupational disease.

Amount:

Economic benefits are calculated applying 20% to the corresponding base pension, which varies according to the employment status of the deceased at the time of death and the cause of death.

In the event that there are no surviving parents, the benefits that correspond to the absolute orphan will increase pursuant to the situation in hand, according to the established amounts.

The sum of death and survival pensions is limited to 100% of the base pension of the originator, with exceptions.

Economic effects:
  • Originators who were affiliated, assimilated to affiliation or not affiliated: The day after the causal event, when the application is made within the three months following the date of death.
  • Originators who are pensioners: The first day of the month following the date of the causal event, when the application is made within the three months following the date of death.

When the application is submitted once the three months following the date of death have expired, payment will be backdated to a maximum of three months from the application date.

Payment:

The pension is paid on a monthly basis, with two special payments in the June and November, with the exception of work-related injury and occupational disease pensions, which are paid in twelve ordinary monthly instalments.

The pension has guaranteed minimum amounts and is adjusted at the beginning of each year.

When the orphan is aged under 18, the orphanage pension will be paid to his/her guardian, and, directly to the orphan, when he/she reaches the age of 18.

The pension is exempt from Personal Income Tax(IRPF).

Compatibility / Incompatibility:

The orphanage pension is compatible with any income resulting from the employment of the spouse of the originator or by the orphans themselves, in addition to the widow/widower's pension, where applicable.

However, under certain circumstances, the pension may be suspended or incompatible with other Social Security benefits.

Further information on Compatibilities and Incompatibilities

Deadlines:
  • Filing the application: There are no deadlines.
  • Decision on the case: 90 days after the filing date of the application. Currently, the average time frame is 13 days.
Termination:
  • Upon reaching the maximum age, with the exception of those with disabilities.
  • Upon termination of the disability that led to entitlement to the pension.
  • Due to adoption.
  • By marriage, with exceptions.
  • Due to death.
  • After establishing that the missing worker did not die.
Forms:

Applying for Survivor's Benefits.

Documentation:

The documents listed on the application form.

Where it is processed:

At Social Security Support and Information Centres and at local or provincial office of the Social Marine Institute, for seafarers.

Competent Body:

Acknowledgement of the right to the pension is the responsibility of the National Social Security Institute, or the Social Marine Institute, for seafarers. When death is due to a work-related injury, acknowledgement may be performed by the Social Security Mutual Society partner.

Other important information:
  • Entitlement to receive the pension does not expire.
  • If, when the pension expires, the beneficiary has not received 12 monthly payments, he/she will receive a lump-sum payment of the total amount pending.
  • As regards work-related injury and occupational disease, the deceased is considered to have been duly affiliated at the time of death, even if the employer has failed to fulfil its obligations. Furthermore, each orphan and survivor of a common law marriage, is entitled to a special lump-sum payment equal to one monthly payment of the base pension.
  • Special Regimes

 

FAQs

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