Special Schemes

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 01/01/12 , in the Social Security General Scheme, through the setting up of a special Scheme for said workers,  with entitlement to Social Security benefits under the same terms and conditions as in the General Scheme.

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 Social Security Scheme, through the setting up of a special scheme for said workers, who will be entitled to Social Security benefits under the same terms and conditions as in the General Scheme .

General requirements demanded

The general requirements for qualifying for the benefit  in the Special Regimes, are as follows:

  • You must be affiliated  or in a situation similar to affiliation, to the corresponding regime.
  • You must be up to date with the payment of contributions for which workers are directly responsible, even if the   benefit is awarded, as a result of the reciprocal calculation of contributions, under a regime for workers employed by another person.
    • For this purpose, the invitation to pay mechanism provided for in |art.  28.2 of Decree 2530/1970, of 20 August, shall apply, regardless of the Social Security regime the interested party is incorporated into at the time of drawing the benefit or at the time of the circumstances that give rise to the right to said benefit.
    • When the interested party is considered to be up to date with the payment of contributions for the purposes of receiving a benefit, by virtue of a payment deferral, but later misses the deadlines or fails to comply with the terms of said deferral, they will lose their right to be considered up to date with payments and, as a result, the benefit they are receiving will be suspended with immediate effect and can only be reinstated once they have paid the full sum of any outstanding debt with Social Security. To this end, the Management Entity will be able to deduct the debt accrued by the interested party from the monthly payments.

Special Scheme for Self-Employed Workers

These workers will have the same benefits, for the same length of time and with the same terms and conditions, as workers under the General Scheme, with the following exceptions.

Beginning of the right and its duration:

They may receive the benefit during the period from the birth of the child, from the ruling granting the adoption or from the administrative decision or court ruling on foster care, up to the end of the period of leave for maternity, adoption or foster care, or immediately after the end of said leave, as long as, in all cases, the end of activity occurs during said period.

Paternity in the part-time work scheme:

They may take part-time paternity leave, but the benefit received and the reduction in activity must be 50%.

In order to receive this type of benefit and the corresponding leave, the interested parties must inform the Managing Body, upon requesting the benefit, which parent, adoptive parent, or foster parent is going to take the leave and if it will be taken simultaneously or consecutively.

The leave taken will be uninterrupted and may be adjusted only upon the initiative of the worker, and as a result of reasons related to their health or the health of the child.

Declaration of activity status:

Workers who belong to the RETA, except for the workers included in the Special scheme for self-employed agricultural workers (SETA) and Special Scheme for Financially Dependent Workers (TRADE), will submit, if the Managing Body deems necessary, a declaration of activity status on the official form , on the person who is directly managing the commercial or industrial establishment, or establishment of any other nature of which they are the owner or, where appropriate, the temporary or definitive end of the activity being carried out.

Deadline for submission: within 15 days after the start date of the leave.

Failure to submit the declaration within the deadline indicated will have the following effects:

  •  The suspension of the start date of the benefit, which could automatically lead to the relevant action being taken in order to verify the current status of the establishment owned by the beneficiary.
  • If, as a result of administrative actions, the recipient is declared to be ineligible for benefits, and benefits are already being collected, action will be taken to ensure the return of these amounts.
  • The provisions set forth in the previous two paragraphs are understood without prejudice to the fact that the appropriate disciplinary proceedings may be started in the cases in which the Managing Body deems necessary, taking into account the concurrent circumstances, duly assessed by the Managing Body.

Out of work and paternity:

When the causal event for the out-of-work protection takes place while the worker is in a situation of paternity, they will continue to receive this benefit until it is used up. Once the paternity benefit has been used up, they can request, within the following 15 working days, out-of-work protection and provided that they meet the necessary requirements, the entitlement will begin on the day after the paternity benefit expired.

If while receiving the out-of-work benefit, the beneficiary finds themselves in a situation of paternity, the benefit and Social Security contributions will be interrupted and they shall start receiving the paternity benefit from the relevant managing body (INSS or ISM). After the paternity benefit has expired, the managing body of said benefit will inform the managing body of the out-of-work protection, which will automatically resume this benefit for the duration, amount and contributions that were pending at the time it was suspended.

The provisions of the above paragraphs will apply to all workers included in the Special scheme for self-employed agricultural workers who meet the requirements provided for in additional provision 5 of RD 1541/2011, of 31 October (the obligation to make contributions will begin on 01/01/2012).

More information on this Scheme:

 

Special Scheme for Coal Mining

This benefit is recognised in the same terms and conditions as the General Social Security Scheme , with the following difference:

  • The base for calculating this benefit is the standardised base  that corresponds to the worker at any given time, according to the professional category that he or she had at the time the situation changed.
More information relating to this Scheme:

Special Scheme for Sea Workers

The benefit is granted in the same way, within the same scope and under the same terms as the Social Security General Scheme.

More information on this Scheme:

Processing: Provincial Directorates and Local Offices of the ISM.

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