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Yes, there can be widowhood, orphanage payments and in favour of family members as long as, in addition to the remaining requirements, the deceased accredits a minimum contribution period of 15 years. Assistance in the case of death shall not be applicable because this requires that the deceased be registered or assimilated.
Bonus periods for arduous work or disability cannot be counted as qualifying periods.Nor will the contributions made by the SEPE be taken into account during the receipt of the allowance for the over-52s, as they only pay contributions for retirement. It can include said contributions if the deceased originator, whilst in receipt of said benefit, had signed a Special Agreement to cover the rest of the benefits.
Shall only be effective if their inclusion is prior to the event or, if after, such payment is performed within the regulatory period for it or by virtue of postponement or fractioning provided previously.
In the employee schemes, accidents in route (those suffered when the worker was travelling to or from work) are considered work-related injuries. However, in self-employment schemes (self-employed workers and self-employed sea workers ), accidents in route are excluded from the concept of work-related injuries.
Suicide shall be classified as accident. In order to determine if its occupational or not, it shall be necessary to consider the applicable legal regime for both contingencies. Deaths that have their cause on a specific ingestion of toxic substances in excess (overdose) or of deficient quality (adulteration or bad condition) shall be considered derived from non occupational accident. The connection between the death and ingestion of such substances shall be, in any case, sufficiently accredited with the certificate issued by the forensic doctor or facultative, if appropriate, involved in each case
In the cases in which the Mutual fund should deny the payments, based on the fact of not being an occupational accident, whenever the beneficiaries have presented a claim in request of declaring the existence of such contingency, it shall be possible to recognize the payments of death and survival requested to the INSS treating them as common contingencies, conditioning the resolution to the content of the court ruling.
Workers that have disappeared in an accident shall be considered dead, either occupational or not, under circumstances that makes their death presumable, and for which no news has been obtained during 90 days following the accident. In these cases, the pensioner may be entitle to payments of death and survival, excluding the death subsidy, as long as requested within 180 calendar days after the date on which the aforementioned 90 day period expires, using the date of accident as the date of the event.Should this period pass, it shall be necessary to previously declare the death in accordance with civil legislation, taking the date of the event as the one specified in said death statement.
If the deceased received permanent absolute disability or major disability derived from AT , it shall be considered that the death was due to this contingency. If the party perceived total permanent disability derived from AT, it shall be necessary to prove the death was due to such contingency. Evidence shall be accepted as long as more than 5 years have not passed since the date of the accident. If the death takes place during such period, it shall not be considered death as a result of AT, even if it is demonstrated it is the result thereof.
If the deceased received permanent absolute disability or major disability derived from EP , it shall be considered that the death was due to this contingency. If the party perceived total permanent disability derived from EP, it shall be necessary to prove the death was due to such contingency. Evidence shall be accepted regardless of the time passed to death.
When the last regime was self-employed and the fact that caused the payment occurred with said 90 days, it shall be considered the employee is in a situation similar to discharge even when it must resolve a different regime, because in accordance with the reciprocal calculation rules, the formal situation of discharge or assimilated is always referred to the last regime and is suitable by the regime that recognizes the right.
If, as long as it has been held two years before the death of the party, they have lived at his expenses and are not entitled to another Social Security pension or are any family members left with obligation and possibility of providing food as per civil law.
Yes. Should the beneficiary not have accrued any amount in the orphanage pension before reaching the age limit for becoming a perceiver, an annuity of the pension including extra payments shall be paid for having requested it after such age, as long as the person fulfils the conditions for being beneficiary on the date of the event.
Children or brothers/sisters greater than 22 years old, single, widow, legally separated or divorced shall be entitle to perceive family subsidy, even if not certifying the conditions for being pensions, fulfil the following requirements:
Beneficiaries of orphanhood can be, children who, on the date of death of the father and/or mother, fulfil the necessary requirements and any of the following circumstances:
In accordance with the modifications made beginning on 1 January 2008, the surviving member of a de facto partnership may have the right to the widow/widower pension as long as the requirements established by Law are met.
The children of retirement or permanent disability pensioners, over the age of 45, who are single, widows/widowers, legally separated or divorced can be beneficiaries of a family members pension when, certifying having provided prolonged care to the deceased, they had lived with them and at their expense at least two years prior to the date of death.
The death of a contributory level retirement or permanent disability pensioner entitles to the right to perceive an amount as a death grant to that have paid the burial expenses.
Only the payments made based on working hours are considered (ordinary and supplementary), calculating their equivalence in theoretical payment days. Hence the number of hours actually worked shall be divided by 5. Theoretical contribution days = Number of hours (ordinary and supplementary)/ 5The period of 5 years during which to accredit the 500 days of contribution shall be increased in the same proportion as the day effectively worked is reduced with regards to a normal working day in the corresponding activity.
They shall be entitled to said percentage, as long as the following requirements are met simultaneously for the entire period in which the pension is collected:
The widowhood pension, which is calculated annually, plus the pensioner's annual earnings, cannot exceed the established income limit If they do, the amount of the widow's/widower's pension will be reduced to avoid exceeding the limit. The loss of any of the requirements will lead to the application of 52%, effective from the 1st day of the month following that in which this requirement is no longer met.
A single beneficiary:
Whenever partial retirement is shared with a replacement control, the contribution amounts corresponding to the period of time worked part-time shall be considered, increased up to 100% of the amount that corresponded had the party worked full time during such period. Amounts shall not be increased in the event of periods were partial retirement was not simultaneous with part-time employment, increased up to 100% of the amount that would have corresponded, even when such situation is the result of company breach of maintaining a replacement.
Yes, both if upon the death of the originator there is no surviving spouse and if this originator dies while receiving the pension, 52% of the widowhood pension will be divided equally among the orphans with entitlement to a pension. No surviving spouse equates to:
The increase is not applicable, when the surviving spouse is not entitled to widowhood pension or the benefit terminates due to the beneficiary remarrying, given that there is not a situation of absolute orphanhood.
The sum of the amounts of all widow/widower or orphan pensions for the same originator may not exceed 100% of the amount of the corresponding base pension. The limitation to the base pension will affect orphan pensions with a causal event occurring after 1-1-2002. The difference between 100% of the base pension and the widow/widower percentage will be distributed equally among all the orphans with a right to the orphan pension.
In the event of death of the holder of the widowhood pension, it shall be increased in equal parts between the orphans. Should therefore be any orphans but perceivers in favour of family members, their right shall be increased in equal parts in this order:
The amount is obtained by applying 20% to the base pension (calculated in the same way as from the widow/widower pension). It is paid over 12 months and two extraordinary payments.
If, with a limit: there are several beneficiaries, the sum of amounts of death and survival payments shall not exceed 100% of the applicable regulatory base. This limitation is applied to the initial determination of the aforementioned amounts, but it does not affect the corresponding successive periodical revaluation. orphanage pensions have preference over pensions in favour of other family members. However, this limitation shall not prevent the recognition of temporary subsidy in favour of family members, as this is not affected by such limit.
Yes, but the increase with the corresponding percentage corresponding to widowhood many only be applicable to pensions originated by one of the parties. The maximum pension, for each one of them (father/mother) is 100% of the regulatory base.
It is compatible with working for an orphan under 21 years of age or of legal age but have a reduced capacity for work evaluated at a level of permanent, total disablement or severe disability. In the case of orphans over the age of 21 and under the age of 25 who are not disabled, the orphan's pension will be compatible with gainful employment or self-employment, provided that the income obtained does not exceed, on an annual basis, 100% of the MPW, also on an annual basis, including the two extra payments. If the orphan has a disability of 33% or more, they can be a beneficiary until the age of 25, provided that they are not working or, if they are working, the annual income is less than the current MPW.If during the calendar year there are alternating periods of work an inactivity, this right will remain as long as the established limit is not exceeded.
It shall be possible to maintain the widowhood pension, even if the pension remarries, as long as the following requirements are certified: