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If the worker goes on sick leave before the legal strike, they will continue to receive the temporary disability benefit; this shall also apply in the event of a lockout. However, if the worker goes on sick leave while the legal strike or lockout is in progress, he/she will not receive the benefit until either the strike or lockout has finished. Nonetheless, if the temporary disability is caused by a work-related injury, the benefit will be awarded and paid. If the strike is considered illegal, the worker will not be entitled to the benefit and will continue to be refused the benefit even if he/she become affiliated to the scheme in question.
Does not apply, when not contributing for this contingency in the Special Agreement situation, except for members and senators of the general courts, European parliament members and members of CCAA parliaments and governments.
Unpaid and/or prescribed contributions are not calculated.Late contributions will only be valid if they were paid prior to the month of the causal event or, if afterwards, were made within the regulatory period or by virtue of the deferral or instalment granted before the causal event.
The worker responsible for paying the contributions will need to be up-to-date with payments, even if the benefit has been recognized as a result of the reciprocal calculation, in a scheme for workers employed by another person. For the purposes of whether there is a requirement or not for the worker having to be up-to-date, the last scheme which they were affiliated to will be taken into account before making the benefit:
If the worker was not up-to-date with Social Security contribution payments, the application will be rejected and he/she will be invited to make payments.
If, within a period of 30 days effective the date of receipt of the notification, a payment is made to the Treasury General of the Social Security of the amount required to fulfil this requirement, the worker will be considered as being up-to-date and the allowance will be acknowledged.
However, if payment is made after the 30-day period expires, but within the expiration period of 5 years, the allowance will be paid from the date on which the benefit takes effect, reduced by 20%.
If a work-related injury is caused by a particular activity and the worker, due to their pluri-employment or pluri-activity, is in another company or under another Social Security Scheme, the payments will be recognised in the following way:
a) If the other activity or job is as an employee, it will be considered as a occupational accident.
b) If the other activity is as a self-employed worker:
c) If the other activity is as a self-employed worker, and the worker has not opted for work-related contingency cover:
c) If the other activity is as a self-employed worker, and the worker has opted for work-related contingency cover:
PART-TIME WORKERS AND RECIPIENTS OF UNEMPLOYMENT BENEFITS
Work-related injuries suffered by part-time workers who are also recipients of unemployment benefits will be considered as such due to the part-time job but will be derived from common injuries from the point of view of receiving unemployment benefits, as in these types of situation, contribution to Social Security does not include the payments corresponding to work-related injuries and occupational diseases.
Part-time workers are affiliated to Social Security for all the days in their contract so that if they were to go on sick leave on a non-working day, the |TD would come into effect as if they were a full-time worker. If the triggering event for the TD occurs during periods of inactivity, the benefit will not be paid. It is an assimilated contributor situation, and the benefit is paid by the company at the beginning of the campaign as a delegated payment according to the relevant percentage. The calculation of the temporary disability period starts from the sick leave date.
Theoretical contribution days are calculated by dividing the number of hours actually worked by 5, which is equivalent to 1826 hours a year. The 5 year period covering the contributions is extended by the same amount by which the work day of the job actually carried out is reduced.
To obtain the contribution period required (180 days in the 5 years immediately prior to the date of the causal event) and in addition to the contributions actually made or those expressly assimilated to them, the contribution days or the proportional part of extra payments are also calculable, except payments made by virtue of a training contract, as contributions in this case will be made based on a fixed amount in which the proportional part of the extra payments will not be distributed proportionately.
In this case, only the preceding period will be considered if a period of less than 180 days has elapsed between the medical discharge and the following period of sick leave. If more than 180 days have elapsed since the previous process, irrespective of whether the injury in question is the same or not, this would be considered as a new entitlement and it would be necessary to prove payment of contributions for 180 days over the last 5 years for a common disease. If the injury in question is different, and even if a period of 180 days has not elapsed, it would be considered as a new entitlement and the aforementioned requirements would have to be fulfilled.
This new period of sick leave would generate a new temporary disability process, with an entitlement to the benefit in the following cases:
During the 180 days following the date of said medical discharge issued by the medical inspectors of the INSS, in new processes that may occur, only INSS medical inspectors can issue new sick leave certificates, provided that they are related to the process that gave rise to said medical discharge.
The worker leaving the Special Self-employed Workers' Scheme results in them waiving their right to the |TD benefit option, without prejudice to keeping the benefit they were receiving when leaving the scheme, until there is a legal cause for terminating this situation.
The contribution basis of the month on leave will be divided by the number of days of the contribution in question. In the event of a new contract, even if there was a contribution basis in that same company or another the previous month, the contribution basis of the new contract will be divided between the days for which contributions are made for this contract. If a worker goes on sick leave the same day as they start their job, the base pension will be calculated according to the payments the workers should receive in the month when they had to start work.
The base pension will be the sum of the unemployment contribution bases excluding overtime for the last 180 days on which contributions were made for this benefit during the 6 years prior to the contract's cancellation or, if there was a holiday period not taken (which the company has to pay contributions for), until the end of these holidays. If there was not a continuous 180 day period of contribution bases for unemployment benefit, we will be able to look for them within the last 6 years until completing the 180 days. If 180 days are not completed, the bases found will be taken and divided by the number of days to which the contribution refers. The payment will be met by the body that covers the TD (INSS, Mutual or company) from the day after the termination of the working relationship/end of holiday period even if the 16th day of leave has not been reached.
Double calculation must be used:
This is an assimilated contributor situation, so long as contributions were made prior to the company terminating the contract. Since unemployment benefit is not awarded until this period has finished and is used to determine when the benefit begins and how long it lasts, contributions made for these holidays will be taken into account when calculating the base pension.
It needs to be highlighted that:
If it is the relapse of a previous process when the worker was active: the amount of the TD will be equal to the amount they were receiving while unemployed. The same percentage the unemployment benefit had at that time will be applied.
If it is not a relapse of a previous process: the benefit will be paid applying 80% of the Public Indicator of Multiple Effect Income (IPREM) excluding the proportional part of the extra payments. Neither the worker's base pension nor their family situation are taken into account.
For a part-time worker, 80% is reduced with the contribution percentage applied by the SPEE when calculating unemployment benefit.
The base pension during the TD period remains unchanged unless the minimum contribution basis were to increase or there were a change in the contribution basis used as a reference for this benefit's base pension as a result of pay increases or similar that are retrospective.
This criterion will not be affected, even if more than 180 days elapse without the beneficiary working, as the process is not a cumulative as regards the maximum length of the TD. If the worker is unemployed when the relapse occurs and there was no sick leave at this time, the first insurance company will be responsible for the TD according to the base pension of the first process or the injury-related salaries. However, the limitations set out in Art. 222 of the LGSS will apply to the payment.
At the body where the risk is agreed, the INSSor Mutual, where appropriate, a direct payment request for the temporary disability benefit, sick leave, documentation showing that you are up to date with the payment of Social Security contributions, as well as an activity declaration must be submitted.
Self-employed workers have to present a declaration on the person that directly manages the commercial, industrial or other type of establishment or, where appropriate, the temporary or final termination of the activity at the INSS within a period of 15 days from the start of the TDsituation, so that the Administration can verify the situation of the recipient's establishment during the TD situation. However, sanction procedures will only be initiated if the presentation of the declaration occurs 45 days after sick leave. Non-presentation of the declaration or an untimely declaration will be considered a minor infringement and penalised with loss of the benefit for one month.It is an obligatory document, as a result of which it will be possible to continue with the process even if the declaration is not available. If the worker meets all the requirements, the process will be approved but the benefit will not be paid, and the suspension of the payment will be maintained until the declaration is presented.
RD 1060/2022 and Order 2/ISM/2023 modify, respectively, RD 625/2014 and Order EES/1187/2015. From 1 April 2023, the date of entry into force of these amendments, the most important changes are as follows:
Through the INSS Companies File (FIE).
There are two ways of downloading the FIE, depending on the means of transmission of the company's Electronic Data Transfer authorisation:
The INSS will send you a letter by ordinary mail and a text message to the mobile phone that appears in the Social Security database. The letter will also be made available at the Social Security Electronic Office. Likewise, the employer will also be able to know the information of the IT process of its employee through the IMPORTASS portal of the Social Security General Treasury.
However, if the employer has an Electronic Data Transfer Authorisation, they can consult the FIE through SILTRA or the FIER service, depending on the means of transmission of the authorisation.
The download of the FIE via SILTRA can only be done by the main users of the Direct Settlement System (SLD) Electronic Data Transfer authorisations.
Through the FIER Service, the download can be performed by any primary or secondary user of a RED authorisation (either Direct Settlement System or RED Direct).
The FIE is downloaded in .txt format, so it is convenient for companies to automate it in order to integrate the information into their payroll management systems.
Through the FIER service, the RED authorisation user can download the FIE in Excelformat.
It is sent daily whenever the INSS database generates a modification in any of the fields included in the FIE.
The FIER service offers the possibility to download information for a period of time together, with a limit of 15 days and a maximum of 300 records per Excel file.
The structure of the FIE 2.0 message, its content and the description of its fields, as well as their possible values, are included in the record design that can be consulted on the following link, Technical Instructions.
The FIE is structured in labels that include information on the company, the worker and the Social Security benefits. The labels that include information on Social Security benefits are as follows:
The information on the sick leave and discharge reports sent by the Public Health Services or Mutual Societies can be consulted on the following labels:
The information on the confirmation reports sent by the Public Health Services or Mutual Insurance Companies can be consulted on the "Continuation of TI situation” CIT label.
Click on the following link, SILTRA Manuals.
Click on the following link User manuals.
The RED notice 28/11/2022- New service "Consultation/Modification of delegation of reception of ex officio communications" in User Management of Network Authorisations informs of the creation of a service by means of which the main user can delegate to the RED mailboxes of any of its secondary users the reception of messages sent ex officio through this system from the bodies and entities of the Social Security Administration.
The current version of the FIE remains unchanged for the time being. However, the INSS is working on the development of a new version to improve the current version.
The current version of the FIER service remains unchanged for the time being. However, the INSS is working on the development of a new version to increase the limit of records to more than 300 and to allow the user of the RED Authorisation to see all the CCCs/Schemes that depend on their authorisation without the need to filter by a specific CCC/Registration Number.
In order to adapt the sending of IT reports by users of the RED System to the new regulations, a new version - version 6.0 - of the FDI and FRI files has been developed. Likewise, the "Temporary Disability Online" service of the Online RED System will also be adapted to the regulatory modifications.
The documents are published on the Social Security website, with the modifications in grey, and can be consulted by clicking on the following link Technical Instructions.
The obligation to send confirmation and registration forms is no longer required. With regard to the sick leave reports, they must only send the economic data after having received, through the FIE, the information contained in the sick leave report from the Public Health Service or Mutual Society. For further information, you can consult the RED News Bulletin 2023/3 of 23 February 2023.
In this case, if it is a case of TI due to occupational contingencies, the company is directly responsible for the payment, at its own expense, of the health and financial benefit, and therefore must continue to send the INSS the medical reports of sick leave, confirmation and discharge.
This is the case, for example, of the group of civil servants belonging to the former MUNPAL. In these cases, in the case of a TI process due to common contingencies, companies must also continue to send the INSS the medical reports of sick leave, confirmation and discharge.
A new type of part called "ECONOMIC DATA REPORT" is created. A series of validations are introduced so that, on the RECORDING REPORTS screen, once the fields Regime, C.C.C., N.A.F., contingency and leave date are filled in and the "Accept" button is clicked, depending on the case in question, the application itself will automatically load the form relating to the economic data report or the possibility of selecting the type of report to be recorded (registration, leave, confirmation) will be provided.
The employer shall communicate the specific job performed by the worker in a free text of not more than 50 positions.
The company must communicate the functions performed by the employee in the company by means of a free text of 268 positions.
In the FDI, the "function description" field has 67 positions, but the label may be repeated up to a maximum of 4 times.
In order to receive this benefit, the female employee must be an affiliate, affiliated to a Social Security regime.
Consequently, female workers who are unemployed, which is a situation similar to affiliation, are not eligible to receive the benefit.
No. In cases of pluri-activity or pluri-employment, the allowance may be received at the same time as carrying on with the activities the beneficiary was carrying out or may begin to carry out after the suspension of their contract and which do not pose a risk during pregnancy.
That means they can continue carrying out other jobs, either employed by another person or on a self-employed basis, if these are compatible with their condition. However, the benefit will be stopped if they go back to the previous company or activity to carry out an activity compatible with their condition.
There is no maximum established period. The benefit will be paid for the period needed to protect the safety and health of the worker and/or foetus and will end on the day before the start of the suspension of the employment contract for maternity leave or the day the female worker resumes her previous job or another job compatible with her status.
Therefore, the duration of the benefit is only limited by the existence of the risk.
The medical certificate stating that the job conditions may have a negative effect on the health of the worker and/or the foetus will generally be issued by the medical services of the INSS, the ISM or the Mutual Society Partnering with Social Security, depending on the Body covering professional risks.
The procedure commences at the request of the interested party through a report which must be requested from the Public Health Service doctor. Said report must certify that the interested party is pregnant and must state the expected birth date.
Additionally, female workers employed by another person should provide a company certificate on the activity they undertake and their working conditions and self-employed workers should provide a declaration on their activity status and on the lack of a job or role in said activity that is compatible with their condition and which could be carried out by them.
The beneficiary is eligible to the allowance from the day after the day on which a medical risk certificate is issued by the medical services of the management entity or an authorised collaborator, although, in all cases, the economic benefit will be paid from the date the corresponding professional activity terminated.
Workers signed up to the RETA, who are obliged to do so, should submit a declaration of activity status.
In the case of workers employed by another person, the entitlement begins the same day as the employment contract is suspended, but the company may only declare the affected worker to be in a contract suspension situation due to risk during pregnancy on a date after the medical certificate of risk is issued by the medical services of the INSS or Mutual Society.
Only in cases of pluri-employment or pluri-activity when the situation of risk during pregnancy affects one or a number of the activities carried out by the worker, but not all of them, is she entitled to temporary disability benefits for the activities that she continues to carry out and for which there is no declared risk.
If the risk situation affects all the activities undertaken, the female worker will have the right to receive benefits under each of the regimes, provided she meets the necessary requirements for each of them.
If the risk situation affects one or a number of the activities undertaken by the worker, but not all of them, she will only be entitled to the benefit which is paid through the regime in which the activities where the risk exists are included. In this case, the benefit will be compatible with carrying on with the activities that the worker has been undertaking previously or any that she may begin to undertake that do not pose a risk during pregnancy.
It consists of considering the period in which the employment contract is suspended or the activity is halted as a protected situation, in cases where the working woman should change her work because it could affect her health or that of the child, due to the existence of certain risks or pathologies, and that change is not possible or cannot reasonably be demanded for justified reasons.
Situations resulting from risks or pathologies that may have a negative effect on the health of the worker or her child are not covered when they are not related to work- or activity-related agents, procedures or conditions.
The workers entitled to claim this benefit will be those whose work contract or professional activity has been suspended due to risk during pregnancy, provided they are affiliated and in registered employment under one of the Social Security systems on the date said suspension begins.
Furthermore, the workers who are directly liable for this, must be up-to-date with their contribution payments.
In the case of self-employed workers who have not opted for coverage of occupational risks, benefit is granted as resulting from a common disease or illness.
When workers are in either of these two situations, the fact that the risk is caused by all their activities or only by one will be taken into account.
The amount is 100% of the base pension, which will be equal to that set for benefit for TD resulting from occupational causes or, if applicable, equal to that set for TD resulting from common diseases and illnesses, when the particular system does not include occupational risk coverage, starting on the date the work contract is suspended or professional activity ceases.
When payment is made, Social Security contributions will be deducted (salaried employees) and if applicable, the corresponding Personal Income Tax (IRPF)will be withheld.
It will be paid during the period necessary to protect the health of the worker and/or her child and will conclude when the child reaches 9 months of age, unless the worker has previously returned to her previous job or professional activity, or to another compatible with her situation.
The benefit will be paid to workers on a part-time contract for all the days the work contract is suspended due to risk during the breast-feeding period, unless the worker has previously returned to her job or to another compatible with her situation.
In general, responsibility for benefit management and payment will lie with the Managing Entity (National Social Security Institute (INSS) or the Social Marine Institute (ISM) ) or partner entity (Mutual Insurance Societies) depending on the entity with which the company or worker has subscribed coverage of occupational risks.
In cases of workers belonging to the special system for self-employed workers who are not covered for occupational risks, the responsibility for and payment of the benefit lies with the Managing Entity (National Social Security Institute-INSS) or the partner entity (Mutual Insurance Society) that covers TD caused by common disease and illness.
Yes, as long as the general requirements are met and they are:
As from the 3rd year of ESO .
It is a requirement that at least one year has passed since the student matriculated for the first time in any learning centre covered by the insurance. This requirement is not necessary in the following cases:
Yes. The application or any other similar document will need to be presented at the INSS. However, if occuring as a result of a duly justified emergency, the interested party will have a period of five years to request the reimbursement of the costs for this care in accordance with the provisions in article 43 of the LGSS.
For the purposes of protection against school-related injuries, a school trip is considered to be:
These annual amounts will be paid during the years the student has left to complete their academic course (without repeating the course). If there is a change of course once the benefit has been awarded, they will be able to continue to receive the benefit, although with the limit on education years established for the first course.
The economic situation that resulted in the initial award of the benefit must be maintained. If the head of the household dies, family income cannot exceed 6010.12 euros for each family member, bearing in mind all the family members that live with the student as well as their income. Likewise, it will also be checked that the student has taken advantage of their studies.
Yes. In general benefits arising from School Insurance are incompatible with any other benefit with identical content and arising from a similar risk. However, the following clarifications need to be made:
Yes, so long as healthcare (medical and pharmaceutical) meets the following requirements:
Among the illnesses covered by School Insurance is neuropsychiatry, which includes inpatient or outpatient care for neuropsychiatric cases that, due to their seriousness, affect continuation of the studies, except for those considered to be psychological development, behaviourial and emotional disorders, which normally begin during childhood and adolescence. Psychotherapy sessions provided by psychologists are included, as long as they are prescribed by a psychiatrist.
When giving birth, School Insurance includes visits to the obstetrician prior to the birth, doctor's fees (obstetrician, nurse, anaesthetist and midwife), as well as the expenses resulting from hospitalisation (surgery, accommodation and food) and pharmaceutical expenses, in accordance with the rates established by the School Insurance. It does not include the newborn's care expenses.
The family benefit for dependent childrendepends on the income being under a certain amount and only takes into consideration the income of the parent living in the family unit.
In cases of annulment, separation or divorce, the compensatory pension is calculated for the spouse who wins custody in the legal ruling.
The child or foster child will still be considered to be the responsibility of the beneficiary even if they carry out paid work, as an employed or self-employed worker, as long as they continue to live with the beneficiary and the income received by them for the work carried out does not exceed 100% of the national minimum wage in force at any given time, calculated on an annual basis.
If the child´s income is greater than the amount stated in the previous paragraph, the financial benefit will expire due to the end of the financial dependency of the originator (child) on the beneficiary.
The period that can be calculated as an effective contribution period will be the first three years of leave taken by the worker, in accordance with |art. 46.3 of the Workers' Statute, to care for each child or foster child. In the event that he/she does not take the above mentioned periods in full, only the period actually taken will be considered for the purposes of calculating contributions.
For the purpose of entitlement to multiple adoption benefit, the birth or adoption taking place abroad is considered to have taken place in Spain when it is proven that the child has been immediately integrated into a family with residence in Spanish territory.
Amongst others, the following will have the right to the Social Security medical assistance benefits:
In addition to the information provided in this consultation section, which answers the most frequently asked questions about the minimum living income, other services are available:
It is not necessary to go to a Social Security office (CAISS) to apply for the minimum living allowance.
For the health and safety of all we ask you to avoid risks and request an appointment to attend in person and only if it is essential.
Therefore, it is highly recommended to use the web services of the Spanish National Social Security Institute (INSS) on the Social Security’s E-Office, where citizens, with a mobile phone, a tablet or from a computer, can securely submit their application any day of the week and at any time, without the need for an electronic certificate or Cl@ve, or to make any trips
There are two ways to apply online :
You will be given a form in which you will have to include your information and that of the people who, if any, are part of your cohabitation unit. You will need to attach an image of your identity card and the documents needed to resolve your application.
The maximum time limit for resolving your application is six months from the date of submission.
Once this period has elapsed without an express resolution, the application will be understood to have been rejected due to administrative silence. However, the National Institute of the Social Security shall expressly decide on the applications submitted, even if more than six months have elapsed since they were submitted. Applications submitted by 31 December 2020, if approved, retain economic effects from 1 June 2020.
Once the application for the benefit has been received, the competent body, prior to allowing the application, will check whether the beneficiaries living alone or forming part of a cohabitation unit, on the basis of the data declared in the application submitted, meet the requirement of economic vulnerability. The decision of inadmissibility will be issued within 30 days, and may be the subject of a prior administrative complaint, which will be limited to the cause of inadmissibility. The allowance of the application shall not prevent its rejection if, during the investigation of the procedure, the managing body carries out new verifications that determine the non-fulfilment of the requirement of economic vulnerability.
From the Spanish National Social Security Institute (INSS) we will contact you to indicate the necessary documentation to resolve your application and give you a deadline to submit it.
In order to speed up the process, it is very important that you indicate a telephone number or e-mail address in your application so that we can contact you, in addition to your habitual home address.
In this section of the website you will find useful information on the minimum living allowance.
In addition, the Social Security website has a specific section with complete information on the minimum living allowance.
A cohabitation unit consists of all persons living in the same home, united by marriage or registered as domestic partners, and their family members up to the second degree by consanguinity, affinity or adoption, or other persons living in the home under foster care for the purpose of adoption or permanent foster care.
The benefit may be paid to persons who, without forming part of the cohabitation unit or forming part of an independent cohabitation unit, live in the same household with others with whom they have one of the aforementioned family ties. To this end, they must be in one of the following situations:
a) When a woman – a victim of gender violence – has left her habitual family home accompanied or not by her children or minors in foster care for the purpose of adoption or permanent family foster care
b) When, due to the commencement of separation, annulment or divorce proceedings, or the dissolution of the formally constituted domestic partner scheme, a person has left their habitual family home, whether or not accompanied by their children or minors in foster care for the purpose of adoption or permanent family foster care. In the case of domestic partners who have ceased living together, the person claiming the benefit must prove, where applicable, that the procedures for allocating custody and guardianship of the children have been initiated.
c) When it is accredited to have abandoned the home due to eviction, or because it has become uninhabitable due to accident or force majeure, as well as other cases that are established by regulation.
In the cases foreseen in paragraphs b) and c), an independent unit shall only be considered during the three years following the date on which the events indicated in each of them occurred.
When people who do not share the aforementioned family ties live together in the same household, those who are at risk of social exclusion – that must be accredited by social services – may be entitled to the minimum vital income.
The cohabitation units must have been continuously constituted for at least six months prior to making the application.
When they are members of a cohabitation unit, beneficiaries must be at least 23 years of age, or be an adult or an emancipated minor if they have children or minors under foster care for the purpose of adoption or permanent family foster care or double orphans when they are the only members of the cohabitation unit and none of them is 23 years of age.
The basic requirements are:
Yes, you must be at least 23 years old and not married (unless you are in the process of separation or divorce) or in a domestic partnership.
There is no age requirement and no separation or divorce proceedings are not required for women of legal age or emancipated minors who are victims of gender-based violence or human trafficking and sexual exploitation.
Persons aged between 18 and 22 who come from residential centres for the protection of minors in the Autonomous Communities and have been under the guardianship of Public Entities for the protection of minors in the three years prior to reaching the age of majority, or who are absolute orphans, provided that they live alone and are not part of a cohabitation unit, may also receive it.
If the applicant, if under 30 years of age, must prove to have lived independently in Spain for at least two years prior to the application, except in the case of persons of legal age who come from residential centres for the protection of minors in the Autonomous Communities. It is understood that a person has lived independently if they can prove that their address has been different to that of their parents, guardians or foster carers during the two years immediately prior to the application and that during this period they remained registered with the Social Security, State Pension Scheme or a mutual fund alternative to the Special Scheme for Self-Employed Workers for at least twelve months – whether continuous or not.
If aged over 30, they must prove that their address in Spain differed to that of their parents, guardians or foster carers during the year prior to the application.
The requirements of independent living, for minors under 30 years of age, and of domicile other than that of the parents, in the case of those over 30 years of age, are not required when the cessation of cohabitation with the parents, guardians or foster parents was due to the death of the latter. Nor will they be required for persons who, as victims of gender-based violence, have left their habitual residence, for homeless persons, for those who have initiated separation or divorce proceedings or for victims of trafficking in human beings and sexual exploitation.
Permanent users of a social, health or public health residential service benefit 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.
Yes, whether it is an individual beneficiary or the members of a cohabitation unit, all must prove legal and effective residence in Spain continuously and uninterruptedly for at least the year prior to submitting the application, with the exception of:
Habitual residence in Spain is maintained even if you take trips abroad that do not exceed a total of 90 days in each calendar year or are due to justified causes of illness.
The departure and stay abroad of any member of the cohabitation unit must be communicated in advance to the Spanish National Social Security Institute (INSS), indicating the duration of the stay.
Non-compliance with the obligation to notify the INSS of absences or trips of more than three months will result in the suspension of payment of the benefit, without prejudice to the fact that this will entail the appropriate sanctions and the obligation to reimburse the benefits received.
The benefit will be paid monthly and is made by bank transfer to an account of the holder of the benefit.
The minimum living allowance is non-transferable. It may not be offered as a guarantee of obligations, nor be the object of total or partial assignment, compensation or discount, retention or seizure, except for the compensation that may be made in payments by the INSS in the event of having received amounts greater than those corresponding to the criteria and requirements for setting the amounts to be received.
No, the beneficiaries of the minimum living allowance are exempt from the user’s contribution to the outpatient pharmaceutical benefit.
The situation of economic vulnerability is determined by taking into account the average monthly income and computable annual earnings of the previous year.
When the requirement of financial vulnerability is not met in the previous year, it is possible to apply, from 1 April to 31 December of the current year, for recognition of the right to the minimum vital income benefit in those cases in which the situation of financial vulnerability has arisen during the current year.
In order to accredit the situation of economic vulnerability during the current year, only the income requirement will be taken into account, considering the proportional part of the income that the individual beneficiary or, if applicable, the cohabitation unit has had during the time elapsed in the current year.
In any case, for the calculation of income for the current year, unemployment benefits or subsidies, in any of their forms, including the Active Insertion Income, or the allowance for cessation of activity, received during that year will not be taken into account, provided that at the time of the application for the minimum living income benefit, the entitlement to those benefits or subsidies has been terminated due to exhaustion, renunciation, or exceeding the income limit foreseen, where applicable, for maintaining the entitlement and without being entitled to a benefit or subsidy.
It is also required that in the financial year immediately preceding the year of application the individual beneficiary or, where applicable, the cohabitation unit has not exceeded certain income and wealth limits.
In any case, in the year following the year in which the minimum living income benefit is recognised, the amounts paid shall be regularised, taking into account the information available to the Tax Authorities, giving rise, where appropriate, to the return of benefits unduly received.
The two benefits are incompatible.
From the entry into force of the Royal Decree-Law establishing the minimum living allowance, no new applications may be submitted for child or dependent minor benefits under the Social Security system, which will be done away with.
The obligations assumed by the recipients of the benefit are:
a) Provide accurate documentation and information for the accreditation of requirements and the maintenance of the benefit, 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 termination of the benefit, within 30 calendar days from the date of its occurrence.
c) Communicate any change of address or change of situation in the municipal register that personally affects the aforementioned holders or any other member of the cohabitation unit, within 30 calendar days of the change occurring.
d) Reimburse the amount of benefits unduly received.
e) Notify the INSS in advance of any departure abroad of both the holder and the members of the cohabitation unit, for a period, continuous or otherwise, of more than 90 calendar days during each calendar year.
f) File a Personal Income Tax return each year.
g) Where the minimum vital income benefit is compatible with income from work or economic activity, fulfil the conditions established for access to and maintenance of that compatibility.
h) Participate in the inclusion strategies promoted by the Ministry of Inclusion, Social Security and Migration.
Any member of the cohabitation unit with legal capacity to act may apply for the benefit, although the application must be signed by all members.
Must be at least 23 years of age. If you have children or minors in care for the purpose of adoption or permanent family placement, you may apply for the benefit provided that you are an adult or an emancipated minor.
The person who applies for the benefit on behalf of a cohabitation unit shall represent that unit.
Sí. A todos los efectos, el complemento de ayuda para la infancia tiene la naturaleza de ingreso mínimo vital, ya que es un complemento del IMV y forma parte de este.
Así, las prestaciones o ayudas incompatibles con el ingreso mínimo vital, también tendrán este carácter aunque únicamente se perciba el complemento de ayuda para la infancia.
Además, una vez reconocida la prestación, todos los beneficiarios de la prestación de ingreso mínimo vital, incluidos aquellos que únicamente sean perceptores del complemento de ayuda para la infancia, están obligados a presentar anualmente la declaración correspondiente al Impuesto sobre la Renta de las Personas Físicas.
You can apply for it at the INSS at imv.seg-social.esfor cohabitation units that include minors among their members, meet all the necessary requirements for the granting of the minimum living income and those established with regard to the maximum limits on eligible income, net worth and asset test.
If you are entitled to the minimum income, the supplement will be paid together with the benefit and you do not have to make a separate claim. If you are only entitled to the supplementary allowance, you must also apply for a minimum living income.
In addition to the amounts indicated, a monthly child allowance shall be paid for each minor in the cohabitation unit, depending on their age on 1 January of the corresponding financial year, in accordance with the following segments:
This supplement may also be paid to cohabitation units whose income in the financial year immediately prior to the year of application is less than 300% of the amount guaranteed by the minimum living income and whose net worth is less than 150% of the limits established in general, provided that the limit on non-corporate assets established for the cohabitation unit is also met.
To apply for the supplement, apply for the minimum living income using any of the established channels, whether you are entitled to receive it together with the MVI or separately.
In these cases the cohabitation unit will be made up of the persons joined by marriage, as domestic partners, and, if applicable, with their descendant minors up to the first degree of consanguinity, affinity, adoption or by virtue of permanent family foster care or guardianship for the purpose of adoption. The aforementioned descendants may be up to the second degree if they are not registered with their first degree ascendants.
In these cases, where necessary, the accreditation of effective residence in Spain will require a certificate issued by the competent social services.
The National Social Security Institute (INSS) must be notified in advance of any trips abroad, both by the holder and the members of the cohabitation unit, for a period, whether continuous or not, of more than ninety calendar days during each calendar year, indicating the duration of the trip.