Minimum Vital Income

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Languages available: Castellano

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Languages available: Castellano

The Minimum Living Allowance is a benefit aimed at preventing the risk of poverty and social exclusion of people living alone or who are part of a cohabitation unit and lacking the basic economic resources to meet their basic needs.

It is defined as a subjective right to an economic benefit, which is part of the protective action of the Social Security, and guarantees a minimum level of income for people in a situation of economic vulnerability.  It seeks to ensure a real improvement in opportunities for social and employment inclusion for the recipients.

It operates  as a protection network aimed at allowing transit from a situation of exclusion to participation in society. It design will contain incentives for employment and inclusion, based on different forms of cooperation between administrations.


Beneficiaries

1. Individual beneficiaries:

  • People between 23 and 65 years who live alone or who, although they share a residence with a household unit, are not part of that unit, provided that:
    • They are not married, unless they have initiated separation or divorce proceedings.
    • They are not part of a domestic partnership.
    • They are not part of another household unit.
    • They have lived independently for at least three years prior to the application, unless they left their habitual residence as victims of gender-based violence, have initiated separation or divorce proceedings or other circumstances that may be determined. A person is understood to have lived independently if they have been registered with the Social Security for at least 12 months, whether continuous or not, provided they accredit a residence other than that of their parents, guardians or foster carers for three years.
  • Older women victims of gender-based violence or victims of human trafficking and sexual exploitation.
  • Permanent users of a social, health or public health residential service benefit financed with public funds are not entitled to the benefit, except in the case of women victims of gender-based violence or victims of human trafficking and sexual exploitation.

2. Household unit beneficiaries:

MVI beneficiaries, i.e., the persons who receive the benefit on behalf of and represent the household unit, must have full legal capacity and be aged between 23 and 65.

The following may also be beneficiaries, provided they have full legal capacity:

  • Adults  or emancipated minors when they have children or the custody of minors for the purpose of adoption or permanent foster care.
  • Persons aged over 65 if the household unit is only formed by persons over 65 and minors or legally incapacitated individuals. 

    In any case, there may be a maximum of two beneficiaries at the same address.  

3. Household unit:

  • The household unit consists of all persons living in the same home, united by marriage or as domestic partners, and their family members up to the second degree by consanguinity or affinity, adoption, and other persons living with them for the purpose of adoption or permanent foster care.
  • The following are also household units:

    • A unit formed by a victim of gender-based violence who has left their habitual family home accompanied by their children or minors in their custody for the purpose of adoption or permanent foster care, and their family members up to the second degree by consanguinity or affinity
    • A unit formed by a person who has initiated separation or divorce proceedings and their children or minors in their custody for the purpose of adoption or permanent foster care, and their family members up to the second degree by consanguinity or affinity.  
    • A unit formed by two or more people aged between 23 and 65 living in the same home without any of the relationships indicated above, under the terms established and provided that have lived independently for at least 3 years prior to the application, unless they have left the habitual residence as victims of gender-based violence, they have initiated separation or divorce proceedings or other circumstances as may be determined. These household units, or an individual beneficiary , may share a home with another household unit made up of family members or with a similar relationship.
  • The household unit have been continuous for at least one year prior to submitting the application.
  • Household units need not be continuous one year prior to submitting the application in the following cases:
    • Women who have left their habitual home as victims of gender-based violence, accompanied by their children or minors in their custody for the purpose of adoption or permanent foster care, and their family members up to the second degree by consanguinity or affinity.
    • Persons who have initiated separation and divorce proceedings, accompanied by their children or minors in their custody for the purpose of adoption or permanent foster care, and their family members up to the second degree by consanguinity or affinity.
    • Victims of human trafficking and sexual exploitation.
    • Household units with new members due to birth, adoption, custody for the purpose of adoption or permanent foster care.
    • Other cases that are determined by regulations.

  •  Cohabitation is not deemed interrupted due to temporary separation because of studies, work, medical treatment, rehabilitation or other similar circumstances.
  • One person may not be part of more than one household unit.

Obligations of beneficiaries

  1. Beneficiaries of the minimum vital income shall be subject to the following obligations while receiving the benefit:

      a) Provide accurate documentation and information for the accreditation of requirements and the maintenance of the service, as well as to ensure the receipt of notifications and communications

      b) Communicate any change or situation that could lead to the modification, suspension or extinction of the service, within thirty calendar days from the date of its occurrence.

      c) Reimburse the amount of benefits unduly received.

      d) Inform the managing body in advance of trips abroad by the beneficiary and members of the household unit, indicating the expected duration of the trip.

    1. One trip abroad each year of no more than 15 calendar days shall not be considered a stay or change of residence.

    2. A trip and stay abroad by any member of the household unit for a period of up to a maximum of 90 calendar days per calendar year, whether continuous or not, must be notified and justified in advance      

      e) Present an annual personal income tax return.

      f) Adults or emancipated minors who are not working shall be registered as job seekers except in the cases determined by regulations.

      g) Where the minimum vital income is compatible with income from work or economic activity, fulfil the conditions established for access to and maintenance of that compatibility.

    3. h) Participate in the inclusion strategies promoted by the Ministry of Inclusion, Social Security and Migration.

    4. i) Any other obligation that may be established by regulations.

  2. Household unit members shall be obliged to:

      a) Report the death of the beneficiary.

      b) Notify the administration of any fact that distorts the purpose of the benefit granted.

      c) File a Personal Income Tax return each year.

      d) Fulfil the obligations of the beneficiary established in the previous section when the former, for any reason, does not fulfil them.

      e) Adults or emancipated minors who are not working shall be registered as job seekers except in the cases determined by regulations.

      g) Where the minimum vital income is compatible with income from work or economic activity, fulfil the conditions established for access to and maintenance of that compatibility.

    1. h) Participate in the inclusion strategies promoted by the Ministry of Inclusion, Social Security and Migration.

    2. h) Fulfil any other obligation that may be established by regulations.

Payment

The benefit will be paid monthly and is made by bank transfer to an account of the holder of the benefit.

Entitlement to the minimum living allowance will arise from the first day of the month following the date of submission of the application.

The minimum living allowance is non-transferable. It may not be offered as security for obligations, nor may it be the subject of total or partial assignment, or of offsetting or discount, or of retention or attachment.

Duration

The right to the benefit begins on the first day of the month following the application submission date. This right shall remain in force while the reasons for granting the benefit remain and the requirements and obligations provided for in the Act are met.

  • Suspension of rights

The right to the benefit shall be terminated for the following reasons:

a) Temporary loss of any of the requirements for recognition.

b) Temporary breach by the beneficiary, holder or any member of their household unit of the obligations assumed by accessing the benefit.

c) Provisionally in the event of evidence of a breach by the beneficiary, holder or any member of their household unit of the requirements established or obligations assumed by accessing the benefit, as resolved by the managing body.

In any case, the benefit shall be provisionally suspended in the event of transfer abroad for a period over 90 calendar days, whether continuous or not, without having notified the managing body in advance and without due justification.

d) Failure to meet the terms associated with the compatibility of the minimum vital income with income from work or self-employed economic activity.

e) Any other cause that is determined by regulations.

Suspension of the right to the minimum vital income shall entail the suspension of benefit payment as of the first day of the month following the causes for suspension, or the month in which the competent managing body has knowledge of the causes, and notwithstanding the obligation to return amounts unduly collected. Suspension shall be maintained for as long as the circumstances leading to suspension persist.

If the suspension is maintained for one year, the right to the benefit shall be terminated.

If the causes leading to suspension of the right disappear, the right shall be resumed ex officio or at the request of a party provided the requirements that led to recognition are maintained. In this case, the benefit shall accrue from the first day of the month following the date on which the causes leading to suspension ended.

If the causes for suspension are maintained, the right shall be amended or terminated, as appropriate.

  • Termination of rights

The right to the minimum vital income benefit shall be terminated for the following reasons:

a) Death of the beneficiary. However, in the case of household units, any other eligible member may submit a new application. If the request is submitted  within three months from the day following the date of death, the economic effects of the right the household unit may be entitled due under its new circumstances shall be effective from the first day of the month following the date of death, provided the application is submitted within the period indicated.    

b) Definitive loss of any of the requirements to maintain the benefit.

c) Resolution entered in a penalty proceeding establishing termination.     

d) Departure from national territory without notification or justification to the managing body during a period, whether continuous or not, of over 90 calendar days per year.

e) Waiver of the right.

f) Suspension of the benefit for a period of more than one year.

g) Repeated failure to meet the terms association with the compatibility of the minimum vital income with income from work or self-employed economic activity.

h) Any other cause that is determined by regulations.

Termination of the right to a benefit shall be effective from the first day of the month following the causes for termination.

FAQ

In Frequently Asked Questions there are a series of questions published about the minimum living allowance that can clarify the most common doubts about this new benefit. They will be updated to include those that arise.

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