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Causers and beneficiaries / requirements

Can there be right to death and survival payments if the deceased was not subscribed?

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.

In order to demonstrate the contribution period required, is it possible to calculate the allowance for arduous jobs or disability?

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.

In order to accredit the contribution period, can contributions made outside the period be included in the calculation?

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.

Are "in itinere" accidents considered to be work-related injuries in all the schemes?

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. 

Can suicide and death due to drugs be considered as non occupational accident?

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

What happens if the Social Security Partner Mutual Society does not recognise the work-related injury?

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.

How can a worker be considered dead that disappeared in an accident?

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 dead party was a permanent disability pensioner derived from occupational accident (AT), are survival payments considered derived from AT?

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 dead party was a permanent disability pensioner derived from occupational illness (ET), are survival payments considered derived from ET?

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.

If a self employed worker does within 90 days after his cancellation in the special self-employed regime, is he considered as not subscribed?

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.

Orphanage. Children of the surviving spouse contributed to the marriage, can they become beneficiaries of the orphanage pension?

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.

Orphanage. Can the orphanage pension be requested on date after the limit age to be entitle to it?

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.

Orphanage. If an orphan of more than 25 years has lived with his father and under his support until his death, is he entitled to collect any pension?

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:

  • To have lived with the originating contributor at his/her expense for 2 years prior to death or since the death of a family member that lived with him, if it occurred during this period.

  • Not be eligible to a public pension.

  • To lack means of subsistence, due to having an income equal to or below the minimum guaranteed wage and the obligation of providing family members with food.

Orphans. Who are eligible beneficiaries?

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:

  • Children under the age of 21
  • Children who have a reduced capacity for work evaluated at a level of permanent, total disablement or severe disability.
  • Children over 21 years of age and under 25, provided they do not carry out work for monetary gain or, when they do, the income they receive is less than the amount in force for the Minimum Professional Wage, also calculated on an annual basis (including extra payments).
  • If the orphan is studying and reaches the age of 25  during the academic year, they will continue to receive the orphan's pension until the first day of the month immediately following the beginning of the next academic year.

Widowhood. I live with my partner but are not married, if I should die would she be entitled to a pension?

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.

A divorced woman that lives and supports her pensioner mother, without any other income than her mother?s pension, would she be entitled to a pension when her mother dies?

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 family of a deceased pensioner, is entitled to collect aid for burial expenses?

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.

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