Special Schemes

Integration of the Special Agricultural Scheme into the General Scheme:

Employed agricultural workers included in the REA, as well as the employers to whom they provide their services, shall be included, effective as of 01/01/12, in the Social Security General Scheme, through the setting up of a special Scheme for said workers, with entitlement to Social Security benefits under the same terms and conditions as in the General Scheme.

Integration of the Special Scheme for Domestic Employees into the General Scheme:

Effective as of 01/01/2012, the Special Scheme for Domestic Employees shall be included in the General Social Security Scheme, through the setting up of a special Scheme for said workers, who will be entitled to Social Security benefits under the same terms and conditions as in the General Scheme(art. 251 of the Consolidated Text of the LGSS).

General requirements demanded

The general requirements to qualify for this benefit in the Special Schemes are the following:

  • Being affiliated to the corresponding Scheme.
  • Being up-to-date with all contribution payments for which the workers are directly responsible, even if the benefit is recognised as a consequence of a reciprocal contribution calculation in a scheme for workers employed by another person.
    • For these purposes, the payment demand mechanism provided for in |art. 28.2 of Decree 2530/1970, passed on 20 August, will be applicable for whatever Social Security system to which the applicant may belong at the time of applying for the benefit or in the system said benefit is applied for.
    • When, by deferring settlement of the payments owed, the applicant is considered up-to-date with payments for the purposes of awarding a benefit and he subsequently fails to meet the deferred payment schedule or conditions, he will no longer be considered up-to-date with payments, and the benefit he was receiving will immediately be suspended, and it will only be resumed once the debt with the Social Security has been settled in full. To this end, the benefit Management Entity may deduct the corresponding deferred debt payment from the monthly amounts accrued by the claimant.

Special Scheme for Self-Employed Workers

Benefits are granted with the following special features:

Protected status:

The period in which a pregnant worker is not performing her professional activity due to the negative effects that it may have on her health and the health of her unborn child. This must be certified by the medical services of the INSS or the relevant Social Security Mutual Society Partner.

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, or
  • 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.

The subsidy is paid during the period required to protect the security of the worker and/or the foetus, while it remains impossible to work.

Termination:

  • Due to the beginning of the maternity leave period.
  • Due to the female worker resuming their professional activity.
  • Due to termination from the special scheme of the Social Security in which the worker was included.
  • Due to abortion of the pregnancy.
  • Death of the beneficiary.

The worker will be required to inform the managing Body or collaborating Body of any circumstance that may imply the suspension or termination of the entitlement to the benefit.

Temporary disability and risk during pregnancy:

  • When the female worker is in a TD situation and during this situation they request the risk during pregnancy benefit, the benefit will not be granted, where appropriate, until the TD situation comes to an end due to any of the causes provided for in law or regulations.
  • When the female worker is in a risk during pregnancy situation and during this situation they request the TD benefit, the benefit will not be granted, where appropriate, until the risk during pregnancy situation comes to an end, if at this time the necessary requirements for accessing TD are met.

Declaration of activity status:

Workers included in the RETA, except those included in the special Schemes for self-employed agricultural workers (SETA) or for financially dependent self-employed 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.
  • During the time that the pregnancy risk is valid, the worker is required to present a declaration every six months, counting from the time when the situation began, if she is required to.

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 proceedings, the beneficiary is declared to be ineligible for a benefit and, as the case may be, it has already started being collected, action will be taken to ensure the that the benefit is paid back.

What is established in the two previous paragraphs means that, if the statement is not presented in time or if benefits have been collected when ineligible, the appropriate sanctions can be imposed in cases where the Managing Body decides they should be applied, after evaluating the circumstances.

Management and payment:

  • The management and payment shall be carried out by the managing Body or Social Security Mutual Society Partner with which the self-employed female worker has agreed coverage for occupational 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, and of female workers included in the Social Security Special Scheme for Domestic Employees, 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.
  • The benefit will be paid for the monthly periods that are due.  

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 pregnancy situation and the probable date of birth is certified.
  • On a later date, the female worker will request the issuance of a medical certificate stating the existence of risk during pregnancy for 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 worker or domestic employee.

      In the case of self-employed female workers who provide services in cooperatives, employee-owned or commercial companies, this declaration should be made by the company administrator.

      In the case of self-employed female workers who are financially dependent, the declaration should be made by their client.
  • If the managing Body or collaborating Body considers that the situation of risk during pregnancy has not arisen, they shall refuse the issuance of the requested medical certificate, informing the female worker that they are not eligible to start the procedure for acquiring the corresponding benefit.
  • Once the risk has been certified, in order to gain entitlement to the benefit the worker must submit the application to the relevant provincial Directorate of the managing Body in the province in which they reside or to the appropriate Social Security Mutual Society Partner.
  • The application must be submitted using the standard forms, and it must contain the data and circumstances set forth in |art. 70 of Law 30/1992, of 26 November, on the Legal Framework for Public Administrations and Common Administrative Procedure, accompanied by the required documents.
  • The provincial Director of the competent managing Body will make an express decision and inform the 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 on this Scheme:

Special Scheme for Coal Mining.

This benefit is recognised under the same terms and conditions as the Social Security's General Scheme.

More information on this Scheme: 

Special Scheme for Sea Workers

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