Beneficiaries

  • The children of the originator, whatever the legal nature of their relationship.
  • The children of the surviving spouse brought to the marriage, as long as this took place two years before the death of the originator, they had lived at his expense and also do not have the right to another Social Security pension, nor are there family members with the obligation and possibility of providing them with food, according to civil legislation.

On the date of the originator's death, the children listed in the above two paragraphs must be:

  • In general, people under 21 years of age or of legal age who have a reduced capacity for work evaluated at a level of permanent, total disablement or severe disability (applicable since 02/08/2011).
  • In the cases of absolute orphanhood (non-existence of biological or adopting parents) and orphans with a disability of 33% or higher:  
    • When the orphan is not in paid employment or self-employed, or if the orphan is employed but the earnings obtained over a year are less than the current rate established for the NMW set at each moment, also over a year, the age is extended to 25 (applicable since 02/08/2011).
    • If the orphan is studying and reaches the age of 25 during the academic year, they will continue to receive the orphan's pension until the first day of the month immediately following the beginning of the next academic year.
  • In cases of simple orphan status (when one parents or foster parents is still alive):
    • If the orphan does not work, or their earnings are lower than the NMW, the limit of 25 years of age will be applicable as from 01/01/2014. Until said date, the limit will be: for 2011, 22 years of age; for 2012, 23 years of age; and for 2013, 24 years of age.
    • If the orphan is studying and reaches the age of 25 during the academic year, they will continue to receive the orphan's pension until the first day of the month immediately following the beginning of the next academic year.
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