Partial permanent disablement

This is when the disability is not total and reduces the worker's normal capacity for normal work by no less than 33%, but without stopping him from carrying out the usual tasks of the job.

Beneficiaries/requirements

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

  • They are not of the age provided for in article  205 section 1.a) of the LGSS on the date of the causal event or they do not meet the requirements to access the System'scontributory retirement pension, if the disability is a result of common contingencies.
  • They are affiliated and registered or have a status assimilated to affiliation.

    Workers are considered to be fully affiliated and with registered 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.

    Legal strikes or lockouts are considered causes for special registration status.

    Commercial representatives, artists and bullfighting professionals must also be up-to-date with their contribution payments on the date on which the event 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.
  • They have a previous contribution period, if the disability is caused by a common illness:

    Of 1,800 days of contributions over the 10 years immediately preceding the date of termination of the temporary disability from which the permanent disability arises.

For workers under the age of 21, on the date their sick leave begins, they should provide proof for half of the days that have passed between the date on which they reached 16 years of age and the beginning of the temporary disability process, which shall all be added to the period, whether finished or not, of the temporary disability (545 days) (art. 3 Decree 394/1974 of 31 January).

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.

No previous contribution period shall be required if the disability is due to an accident, whether work-related and non-work related, or from an occupational disease.

Assimilated Contributor Situations

  • The legal state of unemployment, full and subsidised, and involuntary unemployment upon completion of the contributory or welfare benefits, whenever the person remains registered as unemployed during the situation, at the employment office.
  • The situation of the worker during the period corresponding to paid annual holidays that were not taken before the contract ended.
  • Forced leave.
  • The period of time the worker remains on leave to care for a child, fostered minor or other family members that exceeds what is considered as the effective contribution period in article 237 of the LGSS.
  • Transfer of the employee by the company outside of Spain.
  • Periods of inactivity between seasonal jobs.
  • Prison terms served as a result of the cases outlined in the Amnesty Act 46/1977, of 15 October, under the terms governed by Law 18/1984, of 8 June.
  • The situation of workers not on active contributor status or in any other assimilated situations, after having provided services in jobs that held a risk of occupational disease, and only in relation to declaring a permanent disability due to this eventuality.
  • The periods when aid is received for early retirement and before ordinary retirement.
  • The situation of temporary disability that continues after the contract has ended. 
  • The situation of maternity or paternity that continues after the employment contract has ended or that starts while receiving unemployment benefits.
  • In the case of artists and bullfighting professionals, the days considered to be contributory in each calendar year in accordance with the legislation that regulates their contribution and which do not correspond to the provision of services.
  • In the case of workers affected by toxic shock syndrome who, as a result, stopped their job or professional activity at a particular time during the tax year and have not been able to resume their job during that year, and had active contributor status in one of the Social Security schemes, the assimilated contributor status and common contingencies will be subject to the terms of the scheme that the workers were included in when they finished work. 
  • The period that the employment contract is suspended due to the worker's decision to stop working as a result of gender-based violence.

Right-Granting Event / Economic Conditions

  • Right-Granting Event:

    If the permanent disability occurs following the end of the temporary disability from which it is derived, either due to completion of the period or due to medical release with a permanent disability proposal, the right-granting event is understood to have occurred on the date on which the temporary disability ended.

    If the permanent disability is not preceded by a temporary disability, or if it has not ended, the right-granting event is understood to have occurred on the date that the decision-proposal was issued by the Disability Assessment Team (EVI).
  • Economic Conditions: the benefit is granted as soon as the corresponding resolution is issued.

Amount / Payment

Amount:

  • The benefit consists of a lump-sum compensation.

  • The compensation amount is equal to 24 months of the base pension used to calculate the subsidy for the temporary disability from which the permanent disability is derived.

  • In cases in which there was no previous temporary disability, because the beneficiary did not have coverage, the base pension that would have corresponded to a temporary disability, had the beneficiary acquired that right, is used.

Payment:

  • A single payment is made.

  • Minimum amounts are guaranteed in cases of partial permanent disability, occurring under the Work-related Injury Regulation (approved by decree on 22-6-56), when the beneficiaries reach the age of 65.

  • The benefit is subject to taxation under the terms established in the regulations on Personal Income Tax (IRPF) and it is subject, when appropriate, to the general system of tax withholdings.

Compatibilities

  • It is compatible with performing any working activity, both as an employee and as a self-employed worker.

  • It is compatible with keeping the job held. 

Management / Payment

  • Management is carried out by:

    • The National Social Security Institute (INSS) in general.

    • The Social Marine Institute (ISM), in cases in which workers are included under the Special Seafarers' Scheme.

  • Payment is made by:

    • The National Social Security Institute (INSS)  or, when appropriate, the Social Marine Institute (ISM), when the permanent disability is the result of common illness or non-work-related injury.

    • The National Social Security Institute (INSS), or the Mutual Society Partnering with Social Security, as appropriate, when permanent disability is caused by an occupational disease.

    • The National Social Security Institute or Social Security Mutual Society Partner, as appropriate, when caused by a work-related injury.
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