Beneficiaries / Right-Granting Event / Economic Conditions

Recipients / requirements

Persons included in the General Scheme who have been declared as having a total 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 a common disease or non-work-related injury.
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  • They are affiliated and active contributors or have a statusassimilated to affiliation.

    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 his or her obligations.

    In the event of legal strikes or lockouts, workers are deemed as having a special contributor status.

    Sales representatives, artists and bullfighting professionals must also be up-to-date on the payment of their contributions on the day that the contingency occurs. If they are not up-to-date, they will be advised of the need to pay the outstanding amount, provided that the payments due do not affect the exclusion period, with the payment of the benefit made upon completion of this obligation.
  • A previous contribution period is covered, if the disability is a result of a common disease. The contribution period varies depending on the age of the interested party:

    If he/she is 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.

    If he/she is 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, and are obliged 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 any partial months.

    For workers on part-time contracts, to certify the contribution period  required, effective 04/08/2013,  the regulations set out in Royal Decree-Law 11/2013, of 2 August shall be applied.

    This means that for workers included in the Special scheme for domestic employees, between 2012 and 2018, the hours actually worked under said Scheme shall be calculated based on the contribution bases referred to in temporary provision 16 of the Consolidated Text of the General Social Security Law, divided by the amount set for the minimum hourly basis of the General Scheme by the LPGE for each of those years.

Right-Granting Event / Economic Conditions

  • If the permanent disability is the result of, and is subsequent to, the end of a temporary disability, either 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, they can be backdated to the date on which the temporary disability benefits ended if the sum of the permanent disability pension is greater than that of the subsidy the individual had been receiving.

  • 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.

  • In cases of qualified total permanent disability, the 20% increase incurs economic conditions from the date of application and can be backdated a maximum of 3 months whenever the necessary requirements to acquire the right to this increase are met.
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