Partial permanent disablement

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Languages available: Castellano

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Languages available: Castellano

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.

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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