Special Schemes

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Languages available: Castellano

Integration of the Special Agricultural Scheme into the General Scheme:

Employed agricultural workers included in the REA , as well as the employers to whom they provide their services, shall be included, effective as of 01/01/2012, in the General Scheme of the Social Security, through the setting up of a special System for said workers,  with entitlement to Social Security benefits under the same terms and conditions as in the General Scheme, with the particular conditions provided for  by law (Law 28/2011, of 22 September).

Integration of the Special Scheme for Domestic Employees into the General Scheme:

Effective as of 01/01/2012, the Special Scheme for Domestic Employees shall be included in the General Scheme of the Social Security, through the setting up of a special System for said workers, who will be entitled to Social Security benefits under the same terms and conditions as in the General Scheme, with the particular conditions provided for by law (Law 27/2011, of 1 August). 

General requirements demanded

The general requirements to gain entitlement to benefits under the Special Schemes, in each case, are the following:

  • To be affiliated or in a situation equivalent to affiliation in the corresponding System. However, a worker may be entitled to a pension from a non-active status, if he or she meets the established requirements.

  • Fulfilling the minimum contributory period required, where applicable.

  • To be up-to-date with payments for which workers are directly liable, even though the benefit is awarded due to the reciprocal sum of contributions in a salaried employee system.
    • For such purposes, the mechanism for inviting to make payments established in |art.  28.2 of  Decree 2530/1970, of 20 August, will be applied, no matter which Social Security scheme the interested party belongs to when they receive the benefit or become entitled to the benefit.
    • When, by deferring settlement of the payments owed, the applicant is considered up-to-date with payments for the purposes of awarding a benefit and he subsequently fails to meet the deferred payment schedule or conditions, he will no longer be considered up-to-date with payments, and the benefit he was receiving will immediately be suspended, and it will only be resumed once the debt with the Social Security has been settled in full. To this end, the benefit Management Entity may deduct the corresponding deferred debt payment from the monthly amounts accrued by the claimant.
    • For the purposes of acknowledging a pension entitlement, the contributions corresponding to the month of the causal event of the pension and to the two months prior to that, payment of which does not yet appear on the Social Security information systems, will be considered paid and the worker will not have to provide documentary evidence of this, provided he accredits the minimum contribution period required, without counting these three months therein.
    • In these cases, every year, the managing entity will review all the pensions acknowledged in the previous year that were presumed up-to-date with payments to verify the timely and effective payment of these contributions. In the event that said contributions were not paid, the pension will be immediately suspended and the monthly pension payments will be retained to settle the contribution payments until they are fully paid off, whereupon pension payment will commence once again.

Special Scheme for Self-Employed Workers

Death and survival benefits are recognised under the same terms as the General Scheme for Social Security, with the following particular conditions:

Occupational contingencies (WRI and OD):

Self-employed workers can access the benefits arising from these contingencies, as long as they have voluntarily increased their coverage to include the contingencies of WRI and OD, or have compulsory cover for these contingencies and, in addition, either previously or simultaneously, have opted to accept coverage of the temporary disability benefit.

Concept of a WRI:

A WRI is considered to be an injury that has occurred as a direct and immediate consequence of work carried out as a self-employed worker and which determines its inclusion within the scope of application of this special scheme. The following have this consideration:

  • Those occurred in acts of rescue and other similar nature, when they are related to the job.
  • Injuries the worker suffers during the time and in the place of work, when it is proved that they are connected to the work carried out as a self-employed person.
  • Diseases, not considered occupational, contracted by the worker due to carrying out their work, as long as it is proved that the disease was caused exclusively by this.
  • Diseases or defects for the worker caused beforehand, which are aggravated as a consequence of an injury constituting an accident.
  • The consequences of the accident that are modified in their nature, duration, seriousness or termination by intercurrent diseases which constitute complications arising from the pathological process determined by the accident itself or which are a result of diseases acquired in the new environment in which the patient has been situated.

The following are not considered to be WRIs:

  • Injuries suffered by workers while travelling to or returning from their place of work.
  • Injuries which are due to force majeure outside of the workplace.
  • Injuries which are a result of criminal intent or negligence of the worker.

In the case of TRADEs, WRIs are considered to be all bodily injuries suffered by TRADEs as a result of their professional activity, injuries suffered while travelling to or returning from their place of work or injuries caused by or which are a consequence of carrying out said professional activity. Unless proven otherwise, it is assumed that an injury has no relationship to work when it does not occur while carrying out the relevant professional activity.

Concept of an OD:

This is a disease contracted as a consequence of work carried out as a self-employed worker, by virtue of which, the worker is included in the scope of application of this special scheme, caused by the action of the elements and substances, and in the activities included in the list of occupational diseases with the relationships to the main activities capable of producing them, appendix to RD 1299/2006 of 10 November.

Surcharge due to lack of occupational risk prevention measures:

The surcharge on benefits due to lack of occupational risk prevention measures is not applicable.

Base Pension:

  • If death is the result of a WRI or OD, it will be equivalent to the contribution base of the worker at the time of the triggering event.
  • In the cases of exemption from making contributions, , the contribution bases that correspond to the monthly payments for each tax year exempt from making contributions will be equivalent to increasing the average contribution bases for the previous calendar year by the known average variation percentage of the CPI  in the last specified year. The bases calculated in this way cannot be less than the minimum contribution bases set annually for these workers in the General State Budget Act.

Triggering event of the benefit:

  • The day of the death, if it was caused by occupational contingencies.
  • The last day of the month in which the originator died.
  • The date of death, for death benefit.
  • The last day of the month of birth, if the beneficiary of the orphan's pension is born after the death of the worker.
  • The application date, in cases when the pension is accessed from non-contributor or assimilated contributor status.

Economic effects:

  • If death is caused by professional contingencies:
    • The day after the death, if the application is submitted within 3 months of this day.
    • For all other cases, the maximum retroactivity is set at 3 months from the application date.
  • For all other cases: the fist day of the month following the causal event, if the application is presented within 3 months of this date.

More information relating to this Scheme:

Special Scheme for Coal Mining

Death and survival benefits are granted under the same terms and conditions as in the General Scheme of the Social Security, with the following particular conditions:

  • Benefits originated by people who receive permanent disability pensions, whose amounts have changed due to retirement (to the corresponding new amount), will be determined in accordance with the regulatory base that was used to calculate the amount of the new pension and the amounts of death and survival benefits calculated in this way will increase with the improvements or revaluations that have taken place from the date of the triggering event of the new amount, or from the date of the triggering event that originated the pension that was waived.
  • Receiving a retirement pension or being an originator will not be an obstacle to determining whether death occurred due to a work-related injury or occupational disease, in accordance with the regulatory legislation on this issue. If this is determined, the worker will only be entitled to death and survival benefits that correspond to such contingencies.
  • More information relating to this Scheme:
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