Compatibilities / Incompatibilities

With work

An orphan's pension is compatible with any income from work of whoever is or has been the spouse of the originator, or the orphan himself and, if appropriate, with the widow's or widower's pension they receive. However, it should be kept in mind that:

  • If the entitlement to the orphan's pension has been granted or, as the case may be, these benefits have been extended, they are suspended when the orphan beneficiary carries out work either as a self-employed worker or as an employee, for which they receive an income (Social Security income and benefits will be taken into account -unemployment, temporary disability, risk during pregnancy, maternity- or their replacements) which, calculated on an annual basis, are more than 100% of the SMI  in effect at any given time, also calculated on an annual basis, giving rise to the following effects:
    • If the orphan is under 21 years of age or has a limited capacity to work with a degree of disability percentage that is classed as absolute permanent disability or serious disability, the pension will be paid without taking into account the amount of income received from their work. 
    • If the orphan is over 21 years of age and not disabled, the orphan's pension will be suspended:
      • On the date of turning 21 years of age, only in those cases where the income received from work carried out by the non-disabled minor exceeds the established limit.
      • From the day after he starts working either as self-employed or employed by another person (if the income earned from this job exceeds the limit established), or from the moment when the income he is earning exceeds that limit.
  • Entitlement to the pension will be recovered when the employment contract expires, the self-employment activity or employment by another person ends or, if appropriate, the unemployment, temporary incapacity, risk during pregnancy or maternity benefit comes to an end or, in the cases in which he or she continues to carry out the activity or receive the benefit, when the income from one or the other does not exceed the limits established.
  • Receiving this pension is compatible with having a post in the public sector under the same conditions and requirements as the private sector.

With other benefits

In general, pensions from the same scheme are incompatible with each other if they go to the same beneficiary, unless there are laws or regulations stating otherwise. In the event of incompatibilities, a person who is entitled to two or more pensions shall choose one of them.

With permanent disability/retirement pension:

  • If orphans, who are entitled to the orphan's pension and have a limited capacity to work with a degree of disability percentage that is classed as absolute permanent disability or serious disability, receive another Social Security pension by virtue of the same disability they must choose just one of the two pensions.
  • If the orphan has been declared unable to work prior to turning 18 years of age, the orphan's pension that they were previously receiving shall be compatible with the permanent disability pension that they may be entitled to, after turning 18, as a result of different injuries to those which gave rise to the orphan's pension or, where appropriate, the retirement pension that they may be entitled to as a result of being a self-employed worker or employee.

With the widowhood pension:

The orphan's pension received by a disabled orphan who has entered into marriage will be incompatible with the widowhood pension to which they may have a right to in the future. In this case, they must choose between the two pensions.

With the orphan´s pension:

  • Orphan´s pension originated by each of the parents are compatible, even if they are from the same scheme, although only one of them may be increased by the widowhood percentage.
  • If the originator does not have active contributor or assimilated contributor status on the date of the death, it will be incompatible with the granting of the other orphan´s pension in any of the Social Security schemes, unless the contributions paid in each of the schemes overlap for at least 15 years.
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