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Widows, orphans and family members

Subject:

  • Causers and beneficiaries / requirements

    • Can there be right to death and survival payments if the deceased was not subscribed?
      Category: Causers and beneficiaries / requirements > Subject:

      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.

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    • In order to demonstrate the contribution period required, is it possible to calculate the allowance for arduous jobs or disability?
      Category: Causers and beneficiaries / requirements > Subject:

      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.

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    • In order to accredit the contribution period, can contributions made outside the period be included in the calculation?
      Category: Causers and beneficiaries / requirements > Subject:

      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.

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    • Are "in itinere" accidents considered to be work-related injuries in all the schemes?
      Category: Causers and beneficiaries / requirements > Subject:

      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. 

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    • Can suicide and death due to drugs be considered as non occupational accident?
      Category: Causers and beneficiaries / requirements > Subject:

      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

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    • What happens if the Social Security Partner Mutual Society does not recognise the work-related injury?
      Category: Causers and beneficiaries / requirements > Subject:

      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.

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    • How can a worker be considered dead that disappeared in an accident?
      Category: Causers and beneficiaries / requirements > Subject:

      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.

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    • If the dead party was a permanent disability pensioner derived from occupational accident (AT), are survival payments considered derived from AT?
      Category: Causers and beneficiaries / requirements > Subject:

      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.

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    • If the dead party was a permanent disability pensioner derived from occupational illness (ET), are survival payments considered derived from ET?
      Category: Causers and beneficiaries / requirements > Subject:

      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.

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    • If a self employed worker does within 90 days after his cancellation in the special self-employed regime, is he considered as not subscribed?
      Category: Causers and beneficiaries / requirements > Subject:

      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.

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    • Orphanage. Children of the surviving spouse contributed to the marriage, can they become beneficiaries of the orphanage pension?
      Category: Causers and beneficiaries / requirements > Subject:

      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.

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    • Orphanage. Can the orphanage pension be requested on date after the limit age to be entitle to it?
      Category: Causers and beneficiaries / requirements > Subject:

      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.

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    • Orphanhood. Can a person over the age of 25 who has lived with and at the expense of his or her father until the date of his death have a right to collect any benefit?
      Category: Causers and beneficiaries / requirements > Subject:

      Children over the age of 25 and brothers/sisters over the age of 22 who are single, widowed, legally separated or divorced, and who do not meet the requirements to be pensioners, shall be entitled to receive the allowance in favour of family members:

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

      • Not be eligible for a public pension.

      • To lack means of subsistence, due to having an income equal to or below the minimum professional wage and the obligation of providing family members with food.
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    • Orphans. Who are eligible beneficiaries?
      Category: Causers and beneficiaries / requirements > Subject:

      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.
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    • Widowhood. I live with my partner but are not married, if I should die would she be entitled to a pension?
      Category: Causers and beneficiaries / requirements > Subject:

      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.

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    • 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?
      Category: Causers and beneficiaries / requirements > Subject:

      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.

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    • The family of a deceased pensioner, is entitled to collect aid for burial expenses?
      Category: Causers and beneficiaries / requirements > Subject:

      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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      • Amount

        • How is the regulatory base calculated in the event of part time work?
          Category: Amount > Subject:

          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)/ 5

          The 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.

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        • When is one entitled to the percentage of 70% of the regulatory base in widowhood pensions?
          Category: Amount > Subject:

          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 pensioner has dependent family members. That is:
            • They live with children under the age of 26, or older with disabilities (of a degree of disability greater than 33%) or adopted minors.
            • The annual earnings of the family unit, including those of the pensioner, divided by the number of family members, do not exceed 75% of the SMI  in force at any given time , not including the proportional part of the two extra payments. 
          • The widowhood pension is the primary or sole source of income, with this requirement being considered met when the amount of the pension is greater than 50% of the pensioner's total earnings.
          • The pensioner's annual income from all sources does not exceed the amount resulting from adding to the limit that, in each tax year is expected for the recognition of the minimum payments for contributory pensions that, in each tax year corresponds to the minimum widowhood pension with family dependents. 

          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.

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        • How is the widowhood pension calculated in cases of legal separation, divorce or annulment?
          Category: Amount > Subject:

          A single beneficiary:

          • If legally separated or divorced: they are entitled to receive the full amount of the pension.
          • If the person's marriage has been annulled: they will a pension proportional to the amount of time spent living with the deceased.

          Several beneficiaries:

          • If after divorce or annulment, there is more than one beneficiary with entitlement to a pension, this will be granted to each of them in proportion to the amount of time spent living with the deceased.
          • In any event, 40% will be guaranteed to the surviving spouse (even if they are separated) or to the person, who lived with the originator at the time of death even if they are not the spouse, and they shall become the beneficiary of the widowhood pension. Divorced persons are excluded from this guarantee. 
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        • How is the regulatory base calculated if the deceased was partially retired?
          Category: Amount > Subject:

          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.

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        • If on the death of the person there is no surviving spouse or dies after, is the orphanage percentage increased?
          Category: Amount > Subject:

          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:

          • No registered parent.
          • Legally declared child abandonment.


          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.

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        • Is there a limit in the percentage to be applied in the regulatory base of the orphanage pension, in the event of several orphans?
          Category: Amount > Subject:

          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.

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        • How is the orphanage pension calculated when there are several widowhood pension beneficiaries and several orphanage pension beneficiaries?
          Category: Amount > Subject:
          • The percentage applicable to each of the widowhood pensions will be multiplied by the duration of cohabitation period (52% or 70%  by the duration of the cohabitation period.
          • The resulting percentages will be added together.
          • The difference between the resulting percentages and 100% will be prorated among the orphans.
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        • When the holder of a widowhood pension dies, is the pension of orphans or other family members increased?
          Category: Amount > Subject:

          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:

          • Grandchildren and brothers of the deceased.
          • Parents and children and brothers of the retirement pensioner or permanent disability.
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        • What is the amount that corresponds to the subsidy of family members?
          Category: Amount > Subject:

          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.

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        • Can one same causer generate pensions in different persons for widowhood, orphanage and family favour?
          Category: Amount > Subject:

          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.

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          • Compatibilities / Incompatibilities

            • Are orphanage pensions caused by the father and mother compatible?
              Category: Compatibilities / Incompatibilities > Subject:

              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.

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            • Is receiving an orphan's pension compatible with working?
              Category: Compatibilities / Incompatibilities > Subject:

              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. 


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            • I am receiving a pension in favour of family members and on reaching 65 I shall request a senior citizen pension from SOVI, can I collect both pensions?
              Category: Compatibilities / Incompatibilities > Subject: The family members pension is incompatible with receiving any other public pension, so you will have to choose between them.

               

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              • Extinction

                • Is the right to widowhood pension maintained if married again?
                  Category: Extinction > Subject:

                  It shall be possible to maintain the widowhood pension, even if the pension remarries, as long as the following requirements are certified:

                  • Being over 61 years of age or under and having been granted a pension for permanent absolute disability or severe disability or certified with a degree of disability greater than 65%.

                  • The widowhood pension  shall constitute the main or only source of income of the pensioner. It is understood that it constitutes the main source of income when the amount of the same represents at least 75% of the total income in an annual calculation.

                  • If the married couple have annual income, of any kind, including widowhood pension, that does not exceed twice the amount, calculated on an annual basis, of the SMI  in force at any given time.
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                • When does the pension in favour of family members expire?
                  Category: Extinction > Subject:
                  • In the case of pension of grandchildren and brothers, for the same causes as orphanage.

                  • In the case of parents, children greater than 45 years of age:
                    • On marriage.
                    • Death
                    • After checking that the missing worker did not die in an accident.
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