Beneficiaries / Right-Granting Event

Recipients / requirements

Persons included in the General Scheme, who have been declared as having an absolute permanent disability, regardless of the contingency that caused it, provided that they meet the following requirements:

  • Not being the age stated in article 205, section 1.a) of the LGSS on the date of the causal event or not meeting the requirements to access the System's contributory retirement pension, if the disability is a result of common contingencies.
  • If they are affiliated or are actively contributing, assimilated to affiliation or are not contributing.

    Workers are considered to be fully affiliated and have an active contributor status when the disability is caused by a work-related injury or occupational disease, even if the employer has not met with his or her obligations.

    Legal strikes or lockouts are considered as having a special contributor status.
  • Having covered a previous contribution period, if the permanent disability is the result of a common disease or non-work-related injury and  the interested party is not affiliated or assimilated to affiliation.

    If it is due to a common disease, and the interested party is affiliated or assimilated to affiliation:

    • Aged under 31:
      • Generic contributory period: a third of the time that has elapsed since the interested party turned 16 and the causal event
      • Specific contributory period: not required.
    • Aged 31 or over:
      • Generic contributory period: a quarter of the time that has elapsed since the interested party turned 20 and the causal event, with a minimum of at least 5 years under all circumstances.
      • Specific contributory period: a fifth of the required contributory period must be included:
        • In the 10 years immediately prior to the causal event, or
        • In the 10 years immediately prior to the date on which contributions were no longer required, if the pension is granted when the interested party was affiliated or assimilated to affiliation, with no obligation to make contributions. Similarly, the above paragraph applies to those who, without having completed the required specific period, become eligible for the pension when affiliated with the obligation to make contributions, when this originates from a situation with no obligation to make contributions immediately prior to the period in which the interested party was affiliated or assimilated to affiliation

Age fractions of less than 6 months will not be taken into account; fractions of more than six months are considered equivalent to half a year. The resulting contributory periods will be rounded down, not counting partial months, where applicable.

If it is a result of a common disease or non-work-related injury, and the interested party is not considered as being affiliated:

        • Generic contributory period: 15 years.
        • Specific contributory period: 3 of the preceding 10 years.

For workers on part-time contracts, to certify the contribution period required, effective 4/8/2013,  the regulations set out in Royal Decree-Law 11/2013, of 2 August shall be applied.

Right-Granting Event / Economic Conditions

  • If the permanent disability is the result of, and is subsequent to, the end of a temporary disability, whether because the period has expired or due to medical discharge with a permanent disability having been proposed:

    • The causal event will be understood as having occurred on the date on which the temporary disability ended.

    • Economic conditions are established when the classification is made, i.e. on the date of the judgement rendered by the Provincial Director of the INSS. However, the date on which the temporary disability allowance is terminated may be postponed when the amount of the permanent disability allowance is greater than that of the allowance received therebefore, and not retroactively if the classification status of the worker is delayed.

  • If the permanent disability is not preceded by temporary disability, or if it is ongoing:

    • The causal event will be understood as having occurred on the date on which the resolution-proposal is issued by the Disability Assessment Team (EVI).

    • The economic conditions are established on the date on which the resolution-proposal is issued.

  • If the worker is neither affiliated or assimilated to affiliation when the permanent disability occurs:

    • The causal event will be understood to have occurred on the application date.

    • The economic conditions are established on the same date. 
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