Management / Applications

Management:

• The management and recognition of the right to family benefits is the responsibility of the INSS.

• Determining and, if appropriate, revising the degree of disability, as well as the need for assistance of a third party to carry out essential activities of daily living and the difficulties in using shared public transport, is attributed to the competent authority in the respective Autonomous Region and to the Assessment and Orientation Teams (EVOs) of the Provincial Directorates of the IMSERSO in Ceuta and Melilla, in whose territory the interested parties have their primary residence.

Benefit application:

• The process will begin following the submission to the INSS of the relevant application, providing the documents required to certify the circumstances that give rise to the entitlement. It can be initiated by submitting the degree of disability acknowledgement application to the competent body, although the process will be suspended for as long as is necessary in order to include the relapse decision in the file for the degree of disability declaration and classification.

• The procedure will follow the provisions of Law 30/1992, of the 26 of November, on the Legal Framework for Public Administrations and Common Administrative Procedure.

• In no case must the applicant accredit facts, data or circumstances that the Social Security Office should be aware of itself.

Resolution and notification:

The INSS Provincial Director will make an express legal ruling and communicate it to the interested party in a period of 45 days.

Expiry:

The right to the benefit expires 5 years from the day following the date on which the causal event occurred. 

PRESENTATION OF THE FOLLOWING ORIGINAL, VALID DOCUMENTS:

1. Spanish Citizens:

DNI of the applicant, other adoptive parent, or permanent or pre-adoptive foster parent, as well as those of the children or minors aged 14 or over for whom the benefit is being requested.

2. Foreign Citizens: 

  Citizens of the  EU, EEA or Switzerland:

• EU Citizen Registration Certificate or Permanent Residence Certificate, together with valid passport or identity document (Articles 7.1 and 10.1 RD 240/2007, of 16 February).

Family members of a citizen of the EU, EEA or Switzerland who are not nationals of one of the aforementioned countries:

• EU Family Member Residence Card or proof of submission of the card application (Articles 8 and 10.3 of RD 240/2007, of 16 February).

Persons who are not citizens of the  EU, EEA or Switzerland who are residing in Spain:

• Foreigner identification card (TIE) for applicants, other parents and originators or temporary or permanent residence authorisation, where appropriate.
• Application for the residence card or authorisation request, for children born in Spain that are not citizens of the EU, EEA or Switzerland.
• Foreigner Identification Number  (NIE) in all cases.   

 Residents abroad: 

• Foreigner Identification Number  (NIE) if they have one.

4. Family record book or a short-form birth certificate of the birth entries of the children issued by the relevant Civil Register Office.

5. Proof of income. Where appropriate, the documentation proving the level of income specified in the application must be submitted.

If one of the following circumstances applies: 

6. For cases of legal separation or divorce:

• The legal ruling that proves this situation or a document establishing the guardianship and custody of the children and
• a statement declaring whether they have received family benefit for dependent children from their spouse after the date of separation or divorce, if there has been a change of beneficiary. 

7. In the event of the separation of an unmarried couple or if the separation or divorce is in process:

• A copy processed by the court of the separation or divorce action or
• A copy of the police report on abandonment of the family home or
• A regulatory agreement sealed and issued by the Court or
• Proof of the court approval of the provisional measures in which the guardianship and custody is agreed.

8. For common-law couples that are not cohabiting:

• A legal document granting guardianship and custody of common children to one of the parents, or both parents in a joint arrangement.

9. In the case of guardianship, custody, conservatorship or fostering of minors or disabled adults:

• The legal ruling resulting in the formalisation of the guardianship/tutorship or
• Document issued by the  Public Institution  that is responsible for the protection minors or disabled persons, which authorises the fostering of the minor or disabled person or
• An edict ordering the guardianship and custody.

10. For cases of disabled children or children whose disability is in the process of being recognised: 

• "Certificate of Disability", issued by the  IMSERSO  or competent body of the Autonomous Community or proof of having applied for it.

11. For cases in which:

• The applicants have children that live in another Member State of the EU, EEA or Switzerland: form E-401 "Family Composition Certificate for Granting Family Benefits", filled in by the competent body in the country of residence of the children.
• There is an agreement with a country: a family composition certificate issued by the competent body in the country of residence of the children.
• For cases of Moroccan applicants whose children live in Morocco, a certificate from the Moroccan National Social Security Bank stating whether the spouse receives family benefits for the children listed in the application, as well as the spouse's job and that of any children over 16 years of age, indicating, if applicable, their income. (form E/M-14).

12. In the case of large families, "large family status".

This documentation may be presented at any of the Social Security's Service and Information Centres.

PRESENTATION OF THE FOLLOWING ORIGINAL, VALID DOCUMENTS:

1. Spanish citizens (legal representatives, foster family members, minors aged at least 14 years old and disabled adults):

DNI.

2. Foreign Citizens: 

 2.1 Citizens of the   EU, EEA or Switzerland:

• EU Citizen Registration Certificate or Permanent Residence Certificate, together with a valid passport or identity document (Articles 7.1 and 10.1 RD240/2007, of 16 February).

 2.2. Family members of a citizen of the  EU, EEA or Switzerland who are not nationals of one of the aforementioned countries:

• EU Family Member Residence Card or proof of submission of the card application (Articles 8 and 10.3 RD240/2007, of 16 February).

 2.3. Persons who are not citizens of the  EU, EEA or Switzerland who are residing in Spain:

• Foreigner identification card (TIE) for applicants, other parents and originators or temporary or permanent residence authorisation, where appropriate.
• Application for residence card or authorisation, for children born in Spain whose parents are not citizens of the  EU, EEAor Switzerland.
• Foreigner identification number (NIE) in all cases.   

PRESENTATION OF THE FOLLOWING ORIGINAL, VALID DOCUMENTS AND CERTIFIED TRUE COPIES OR COPIES FOR CERTIFICATION

3. Tax Identification Number (NIF), of the requesting organisation.

4. Power of attorney or appointment granting legal representation.

5. One of these documents:

• Supporting document from the public entity entrusted with the protection of minors.
• Empowerment for minors in foster care.
• Legal designation of position held.

6. Registration certificate of the originator (only in the cases provided for in  RD 178/2003, of 14 February RD 523/2006, of 28 April).

7. Family record book or birth entry for minors or disabled adults, or a similar certificate from the Civil Registry, if the foregoing documentation does not state the date of birth.

8. Where appropriate, the Certificate of Disability, issued by the IMSERSO or Autonomous Community.

9. Where appropriate, originator's income receipt.

This documentation may be presented at any of the Social Security's Service and Information Centres.

PRESENTATION OF THE FOLLOWING ORIGINAL, VALID DOCUMENTS:

1. Spanish Citizens:

DNI of the applicant, other adoptive parent, or permanent or pre-adoptive foster parent, as well as those of the children or minors aged 14 or over for whom the benefit is being requested.

2. Foreign Citizens: 

  Citizens of the  EU, EEA or Switzerland:

• EU Citizen Registration Certificate or Permanent Residence Certificate, together with valid passport or identity document (Articles 7.1 and 10.1 RD 240/2007, of 16 February).

Family members of a citizen of the   EU, EEA or Switzerland who are not nationals of one of the aforementioned countries:

• EU Family Member Residence Card or proof of submission of the card application (Articles 8 and 10.3 of RD 240/2007, of 16 February).

 Persons who are not citizens of the  EU, EEA or Switzerland who are residing in Spain:

• Foreigner identification card (TIE) for applicants, other parents and originators or temporary or permanent residence authorisation, where appropriate.
• Application for residence card or authorisation, for children born in Spain whose parents are not citizens of the  EU, EEA or Switzerland.
• Foreigner Identification Number  (NIE) in all cases.   

  Residents abroad: 

• Foreigner Identification Number (NIE) if they have one.
  

4. Family Record Book or a Short-Form Birth Certificate of the birth entries of the children, issued by the relevant Civil Registry.

5. Proof of income. Where appropriate, the documentation proving the level of income specified in the application must be submitted.

If one of the following circumstances applies: 

6. For cases of legal separation or divorce:

• The legal ruling that proves this situation or a document establishing the guardianship and custody of the children and
• a statement declaring whether they have received family benefit for dependent children from their spouse after the date of separation or divorce, if there has been a change of beneficiary. 

7. In the event of the separation of an unmarried couple or if the separation or divorce is in process:

• A copy processed by the court of petition for separation or divorce.
• A copy of the police report on abandonment of the family home.
• A regulatory agreement stamped and issued by the Court.
• Proof of the court approval of the provisional measures in which the guardianship and custody is agreed.

8. For common-law couples that are not cohabiting:

• A legal document granting guardianship and custody of common children to one of the parents, or both parents in a joint arrangement.

9. In the case of guardianship, custody, conservatorship or fostering of minors or disabled adults:

• The legal ruling resulting in the formalisation of the guardianship/tutorship or
• Document issued by the  Public Institution  that is responsible for the protection minors or disabled persons, which authorises the fostering of the minor or disabled person or
• An edict ordering the guardianship and custody.

10. For cases of disabled children or children whose disability is in the process of being recognised: 

• Certificate of Disability, issued by the IMSERSO or competent body of the Autonomous Community or proof of having applied for it.

11. For cases in which:

• The applicants have children that live in another Member State of the  EU, EEA or Switzerland: form E-401 "Family Composition Certificate for Granting Family Benefits", filled in by the competent body in the country of residence of the children.
• There is an agreement with a country: a family composition certificate issued by the competent body in the country of residence of the children.
• For cases of Moroccan applicants whose children live in Morocco, a certificate from the Moroccan National Social Security Bank stating whether the spouse receives family benefits for the children listed in the application, as well as the spouse's job and that of any children over 16 years of age, indicating, if applicable, their income. (form E/M-14).

12. In the case of large families, "large family status".

13. In the case of complete orphans, a death certificate, if they do not receive an orphan's pension.

14. For cases of unemancipated minors, a document that proves the relationship of the applicant to the unemancipated minor.

This documentation may be presented at any of the Social Security's Service and Information Centres.