Pension for Family Members

Procedure

Procedure for the Social Security family members' pension

General Information


Purpose:

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

Beneficiaries:

The following family members who, having lived with and having been financially dependent on the originator for at least 2 years before the date of death, who are not entitled to another public pension, who have no means of subsistence and who can certify that they meet the established requirements:

  • Grandchildren and siblings.
  • Mother and grandmothers.
  • Father and grandfathers.
  • Children and siblings of retired or permanently disabled pensioners.
Originator:

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

Requirements:

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.

No previous contribution period is 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.

If there is no surviving spouse, nor children with a right to the pension, the amount of the family members' pension will increase by the 52% corresponding to widowhood by order of preference  to a maximum limit of 100% of the base pension.

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.

The pension is subject to Personal Income Tax (IRPF).

Compatibility / Incompatibility:
  • The pension is incompatible if the beneficiary has a certain income level or is in receipt of any public pension.
  •  When grandchildren or siblings aged over 18 are in employment, the same suspensive effects as applicable to the orphanage pension applies.
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:

Grandchildren and siblings:

  • 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.
  • Upon remarriage, with exceptions.
  • Due to death.
  • After establishing that the missing worker did not die.

Ascendents and children and siblings of the pensioner:

  • By marriage.
  • Due to death.
  • After establishing that the missing worker did not die.
Forms:

Survivor's Benefits Application.

Documentation:

The documents listed on the application form.

Where it is processed:

At Social Security Support and Information Centres and at provincial headquarters or offices of theSocial 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, by the Mutual Society Partnering with Social Security.

Other important information:
  • Entitlement to receive the pension does not expire.
  • As regards work-related injuries and occupational diseases, the deceased is considered to have been duly affiliated at the time of death, even if the employer has failed to fulfil its obligations. When the mother or father was a dependant of the deceased, a special lump-sum payment will be made equivalent to 9 or 12 monthly payments, or for both, equivalent to the base pension.
  • Special Regimes

 

FAQs 

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