Termination / Incompatibilities

Expiry

Financial allocations are terminated due to:

  • The death of the originator. The person who has died being the beneficiary, in which case the entitlement will be transferred to the surviving parent, if the originator is in the care of said surviving parent.

  • Reaching the age of 18, except when the originator has a degree of disability greater than or equal to 65%.

  • The disappearance or elimination of the disability due to the recovery of the originator.

  • The originator ceasing to be financially dependent on the beneficiary.

  • Exceeding, during the previous year, the legally established income limits for keeping the entitlement. 

Incompatibilities

  1. When the circumstances necessary for receiving family benefits are met in both parents or adoptive parents or, where appropriate, foster parents, the right to receive the benefit will only be recognised in one of the parents.

  2. Family benefits will be incompatible with parents or adoptive parents or, where appropriate, foster parents receiving any similar type of benefit in the remaining social protection schemes.

    If one of the parents or adoptive parents is included, based on their activity performed or their status as a pensioner, in a Social Security scheme, the appropriate benefit will be recognised by this scheme, so long as this person meets the requirements necessary for being a recipient of this benefit.

    When recipients have the right to the same benefit from several social protection schemes for the same originator, they must choose one of them.

  3. Receiving financial allowances for a dependent disabled child aged over 18, is incompatible with said child having a non-contributory retirement or disability pensioner status and being a beneficiary of the welfare pensions regulated by Law 45/1960 of 21 July, or third-party assistance and minimum income guarantee benefits referred to in the sole transitional provision of the Revised General Law on the Rights of Persons with Disabilities and their Inclusion in Society, approved by Royal Legislative Decree 1/2013, of 29 November.

    In the foregoing cases, only one of the incompatible benefits must be selected. If the beneficiaries of the incompatible benefits are different, the option will be chosen by prior mutual agreement. If no agreement is reached, the right to the non-contributory disability or retirement pension or, where appropriate, the pension regulated by Act 45/1960, or the third-party assistance and minimum income guarantee benefits referred to in the sole transitional provision of the Revised General Law on the Rights of persons with disabilities and their inclusion in society, approved by Royal Legislative Decree 1/2013, of 29 November, will prevail.
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