Amount / Payment

Amount

The amount of the pension is calculated by applying the relevant percentage to the base rate.

  • Base rate: this is calculated in the same way as the widowhood pension.

  • If the death was due to a work-related injury (WRI) or occupational disease (OD), each orphan will also be awarded a special payment  of one month of the base rate.

  • In the event of double orphanhood, the benefits corresponding to the orphan will be increased in accordance with the following terms and conditions:

  1. When, upon the death of the originator, there is no beneficiary for the widowhood pension, the amount of the orphan's pension will be increased by the amount that results from applying 52% to the regulatory base.

  2. When, upon the death of the originator, there is a beneficiary for the widowhood pension, the orphan's pension may, where appropriate, be increased by the amount that results from applying the percentage of widowhood pension that was not awarded.

  3. When the surviving parent dies and they are a beneficiary of widowhood pension, the percentage of the pension that the orphan had been granted will be increased, adding the percentage that would have been applied to determine the amount of the cancelled widowhood pension.

  4. In any of the events provided for in the three foregoing paragraphs, if there are several orphans with entitlement to a pension, the increase percentage will be distributed among all of them in equal parts.

  5. Under no circumstances will the increases regulated in paragraphs 1 to 4 cause the established limit for death and survival pensions to be exceeded. However, these increases will be compatible with the temporary widowhood pension, and may be granted while the latter is being received.

  6. In the event of death due to WRI or OD, the payment granted to double orphans will be increased by the amount that would have been granted to the spouse or common-law partner of the deceased. If there are several beneficiaries, the increase will be distributed among all of them in equal parts.

  7. When a beneficiary receives pensions due to the deaths of both parents, the established increases may only be granted for one of the parents.
  • Increase in orphanhood pensions and in favour of other family members, in certain situations.

When, as established in article 231 of the Consolidated Text of the LGSS, the party convicted of murder in any form may not acquire or loses the status of beneficiary of the widowhood pension, his or her children who are the title holders of the pension of the crime victim will be entitled to the expected regulatory increase in cases of double orphanhood. Final Ruling 10.3 of Law 26/2015.

Any maintenance allowance that the beneficiary may have received from the suspended widowhood pension, if applicable, will be deducted from the increase in the orphanhood pension or in favour of family members, as established in article 232 of the Consolidated Text of the LGSS.  

In the event of gender-based violence, when the surviving parent has lost their status as a beneficiary of the widowhood pension, the orphan will be entitled to the increases provided for in the cases of double orphanhood.

Likewise, the orphan of a single known parent is considered an absolute orphan.


  • Limit of the benefits:

    • If there are several beneficiaries, the sum of the amounts of all the pensions for death and survival may not exceed 100% of the regulatory base, except to guarantee the minimum pension in force at any given time.

      This limitation is applied to the initial determination of the aforementioned amounts, but it does not affect successive periodical revaluations.

      Orphanhood pensions will have priority over pensions for other family members for the purposes of the limit of 100% of the base rate.

    • The 100% limit generally established for the sum of the widowhood and orphanhood pensions may be exceeded in the event that several orphanhood pensions are combined with a widowhood and orphanhood pension when the percentage to be applied to the corresponding contribution base for the latter is greater than 52%, although in no case may the amount of the orphanhood pension exceed 20% nor may the sum of these pensions exceed 48% of the corresponding regulatory base.

      The maximum percentage for each orphan is 20% and the maximum to be distributed among those orphaned is 48%, whether the widowhood is 52% or more (56% or 70%).

    • When there is concurrence of pensions originated by both parents, the pensions for each of the originators can go up to 100% of their respective base rate.

Payment

  • The pension will be paid monthly, with two extraordinary payments per year accompanying the monthly payments of June and November, except in the cases of work-related injuries and occupational diseases, in which case they are spread over the twelve ordinary monthly payments.
  • The pension, including the amount of the minimum pension, is reassessed at the beginning of each year, in accordance with the provisions of article 58 of the General Social Security Law and the Royal Decree on the revaluation of pensions published annually.
  • Theminimum monthly amounts are guaranteed for each beneficiary. In the case of double orphans, the orphanhood minimum is increased by the minimum amount of the widow's pension held by people under 60 years of age without dependants, distributing this amount between the number of orphans, if multiple.
  • As of 01/01/2003, the pension will be exempt from Personal Income Tax (IRPF).
  • The pension will be paid:
    • To the person responsible for him/her or to whoever has guardianship of the child, if the orphan is under 18 years of age and provided that they meet the obligation to maintain and educate the orphan, if they are in a situation of need proven by the public body responsible.

      If the children of the party convicted of murder in any form, in the terms laid out in article 231, if minors or people with modified legal capacity, should be beneficiaries of an orphanhood pension originated by the victim, the pension will not be payable to the convicted person. Final Provision 10 of Law 26/2015.

      Under no circumstances will the pension be paid to anyone who has been convicted by final judgement of committing a deliberate murder in any of its forms or causing bodily harm where the victim of the crime was their spouse or ex-spouse, or was connected to them by a similar emotional relationship, even if they were not co-habiting, unless there has been reconciliation between the couple.  
    • If the orphan is over 18 years of age, it will be paid directly to him, unless he has been declared legally incapacitated, in which case it will be paid to whoever has guardianship.
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