Amount

• Can the 50% increase for severe disability be replaced by entry into a care institution?

  Category: Permanent disability > Subject: Amount

  The substitution of the increase for housing and care at a Social Security System welfare institution upon request by the severely disabled person or any of their legal representatives can be authorised, whenever considered beneficial, and financed at their own cost (|art. 139.4 of the LGSS ).
  
  This authorisation will be the responsibility of the managing company or mutual insurance company, where appropriate, which would have been responsible for the permanent disability protection. The request for the substitution can be prepared at any time by the severely disabled person or their legal representatives, who will be able to decide with a binding effect for the managing company or mutual insurance company authorising the substitution, that the request is void.
  
  If the hospitalisation refers to welfare institutions and is passed to an Autonomous Community for management, the substitution will not take place. Article 69 of Law 21/2001 revises article 86 LGSS and authorises a separation of the financing of public welfare institutions with this responsibility passed to the Autonomous Communities, with the possibility of substitution therefore being devoid of any content.
  

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• How is the regulatory base calculated in the event of part time work?

  Category: Widows, orphans and family members > Subject: Amount

  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: Widows, orphans and family members > Subject: Amount

  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: Widows, orphans and family members > Subject: Amount

  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: Widows, orphans and family members > Subject: Amount

  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: Widows, orphans and family members > Subject: Amount

  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: Widows, orphans and family members > Subject: Amount

  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: Widows, orphans and family members > Subject: Amount

  • 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: Widows, orphans and family members > Subject: Amount

  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: Widows, orphans and family members > Subject: Amount

  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: Widows, orphans and family members > Subject: Amount

  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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