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Portal de la Seguridad social

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Aid and other benefits

Subject: IT en el extranjero

  • IT en el extranjero

    • What happens if a worker starts a Temporary Disability process abroad?
      Category: Temporary disability > Subject: IT en el extranjero

      If an insured worker in Spain takes sick leave while abroad, they can access the Temporary Disability benefit. To do so, the corresponding documentation must be sent to the Provincial Directorate of the National Social Security Institute in the province where the worker is registered with the company.

      The Provincial Directorate of the National Social Security Institute will proceed to recognise the sick leave, notifying the worker and the company of the decision. The benefit shall be paid in the same way as it would be paid in the case of a national TD.

      All the information about the necessary documentation and how and when to send it is available at the following link: Social Security: Publications (seg-social.es)


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      • Pregnancy risk

        • Is an unemployed woman entitled to the benefit?
          Category: Pregnancy risk > Subject: IT en el extranjero

          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.

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        • Is the benefit for risk during pregnancy incompatible with work?
          Category: Pregnancy risk > Subject: IT en el extranjero

          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.

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        • What is the maximum period for receiving the pregnancy risk benefit?
          Category: Pregnancy risk > Subject: IT en el extranjero

          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.

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        • Who issues the certificate to establish the existence of this risk?
          Category: Pregnancy risk > Subject: IT en el extranjero

          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.

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        • When does the right to the benefit come into effect for self-employed workers?
          Category: Pregnancy risk > Subject: IT en el extranjero

          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.

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        • What happens if a company suspends a contract before the medical services have issued a medical risk certificate?
          Category: Pregnancy risk > Subject: IT en el extranjero

          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.

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        • Is it possible to receive the subsidy granted for temporary disability during a situation of risk during pregnancy?
          Category: Pregnancy risk > Subject: IT en el extranjero

          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.

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        • Is a woman in a multiple activity situation who is included in various schemes entitled to the benefit in each of them?
          Category: Pregnancy risk > Subject: IT en el extranjero

          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.

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          • Risk during breast feeding

            • What does it consist of?
              Category: Risk during breast feeding > Subject: IT en el extranjero

              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.

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            • When is this risk situation not considered to be protected?
              Category: Risk during breast feeding > Subject: IT en el extranjero

              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.

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            • What requirements must the recipient meet?
              Category: Risk during breast feeding > Subject: IT en el extranjero

              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.

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            • What happens if the worker is not covered for occupational risks?
              Category: Risk during breast feeding > Subject: IT en el extranjero

              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.

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            • What happens in situations where the worker has several jobs or activities?
              Category: Risk during breast feeding > Subject: IT en el extranjero

              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. 

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            • How much is the benefit?
              Category: Risk during breast feeding > Subject: IT en el extranjero

              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.

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            • When does it begin?
              Category: Risk during breast feeding > Subject: IT en el extranjero
              • Salaried employees: Entitlement to benefit commences on the same day that the work contract is suspended for being at risk during breast-feeding, provided that the competent medical services have certified the at risk status .

               

              • Self-employed workers: the day following that on which the competent medical services certify the at risk status, although benefit will not be received until the date professional activity ceases.
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            • How long does it last?
              Category: Risk during breast feeding > Subject: IT en el extranjero

              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.

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            • How long does it last for workers with part-time contracts?
              Category: Risk during breast feeding > Subject: IT en el extranjero

              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.

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            • When is it cancelled?
              Category: Risk during breast feeding > Subject: IT en el extranjero
              • When the child reaches 9 months of age.
              • When the female worker returns to her previous job work or professional activity or to others compatible with her situation.
              • Due to termination of the work contract for the causes set forth in the legislation or due to deregistration in the special Social Security system that the worker belonged to.
              • Due to discontinuation of breast-feeding.
              • Due to death of the beneficiary or of the nursing child.
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            • Who manages and pays the benefit?
              Category: Risk during breast feeding > Subject: IT en el extranjero

              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.

               

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              • School insurance

                • Are foreign students included in the School Insurance field?
                  Category: School insurance > Subject: IT en el extranjero

                  Yes, as long as the general requirements are met and they are:

                  • Citizens of countries of the European Union, European Economic Space (Iceland, Liechtenstein and Norway) and Switzerland.
                  • Refugees and repatriated citizens who are residing in the aforementioned countries.
                  • All resident foreign students under the same terms as Spanish citizens.
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                • From what academic year does School Insurance cover start?
                  Category: School insurance > Subject: IT en el extranjero

                  As from the 3rd year of ESO .

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                • What is the minimum contribution period required to obtain School Insurance protection?
                  Category: School insurance > Subject: IT en el extranjero

                  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:

                  • Benefits arising from school-related injury, family hardship due to death of the head of household and obstetrics. 
                  • Students who during the previous year have taken the 2nd year of ESO, special education or have continued with their studies abroad.
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                • Does the application need to be presented beforehand to receive health care through the School Insurance protection?
                  Category: School insurance > Subject: IT en el extranjero

                  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.

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                • What conditions must a study trip meet to be protected by School Insurance?
                  Category: School insurance > Subject: IT en el extranjero

                  For the purposes of protection against school-related injuries, a school trip is considered to be:

                  • Trips of any nature that have been organised or authorised by the school (educational, sports, |etc. ). Activities that are completely unrelated to the objectives of the trip are excluded.
                  • Trips that are done at the end of an academic stage or the final year at a school are considered to be "end of studies" trips.
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                • How much is the economic benefit for family hardship through School Insurance?
                  Category: School insurance > Subject: IT en el extranjero
                  • Small families: 86.55 euros.
                  • General category large family: 103.85 euros.
                  • Special category large family: 129.82 euros.

                  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.

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                • When is the family misfortune benefit received?
                  Category: School insurance > Subject: IT en el extranjero For initial recognition, payment will be made from the first day of the month after the month in which the causal event occurred.

                  For an extension, recognition will be from the month of the beginning of the course after the end of the initial benefit.

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                • What are the requirements for being awarded the family misfortune extension?
                  Category: School insurance > Subject: IT en el extranjero

                  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.

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                • Is it possible to simultaneously receive health care through School Insurance and another Social Security scheme?
                  Category: School insurance > Subject: IT en el extranjero

                  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:

                  • When the student has entitlement to health care: they will receive it through the corresponding Social Security Scheme.
                  • When the student is a policy-holder: they will receive it through School Insurance.
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                • Can the student's healthcare expenses be entirely repaid?
                  Category: School insurance > Subject: IT en el extranjero

                  Yes, so long as healthcare (medical and pharmaceutical) meets the following requirements:

                  • Results from a school-related injury and is urgent in nature.
                  • Is awarded in a non-state assisted centre within a province where there is no school insurance authorised or assisted centre.
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                • Does School Insurance health care include neuropsychiatry treatment and psychologists?
                  Category: School insurance > Subject: IT en el extranjero

                  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.

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                • What childbirth costs does School Insurance include?
                  Category: School insurance > Subject: IT en el extranjero

                  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.

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                  • Family Benefits

                    • Is the father's income taken into account for entitlement to the dependent child allocation in a single-parent family where the mother lives with the children?
                      Category: Family Benefits > Subject: IT en el extranjero

                      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.

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                    • If someone is receiving a benefit for having a dependent child, do they continue to receive the benefit if the child starts to work and receive a salary?
                      Category: Family Benefits > Subject: IT en el extranjero

                      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.

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                    • Is a period of leave taken for 6 months to care for a child after maternity leave considered to be a period of effective contribution to the Social Security?
                      Category: Family Benefits > Subject: IT en el extranjero

                      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.

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                    • In the case of adopting two children born outside Spain, is there a right to multiple adoption benefit?
                      Category: Family Benefits > Subject: IT en el extranjero

                      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.

                       
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                      • Health care

                        • Who is entitled to receive medical assistance from the Social Security?
                          Category: Health care > Subject: IT en el extranjero

                          Amongst others, the following will have the right to the Social Security medical assistance benefits:

                          • Workers (affiliated or in a situation assimilated to being affiliated).
                          • Social Security pensioners
                          • Recipients of periodic benefits, including recipients of unemployment benefits or subsidies.
                          • Those who, having exhausted their unemployment benefits, are unemployed and reside in Spain.
                          • Those who sign a Special Agreement.
                          • Minors under the guardianship of the Administration.
                          • Those other than the aforementioned who do not have obligatory health care coverage in any other way and who reside in Spain, without prejudice to the provisions of Community Regulations and Bilateral Agreements.
                          • The beneficiaries of all of the above:
                            • The spouse or person with a relationship of a similar standing.
                            • A dependant ex-spouse of the insured, with a right to a compensatory pension.
                            • Descendants and assimilated persons (guardians, legal foster children,  and siblings), under 26 years of age or who are disabled to a degree greater than or equal to 65%.
                            All of the above have to meet the following requirements:
                            • Living with the entitlement holder (except separated and divorced persons) and dependent upon them (except of the spouse or de facto partner).
                            • Not receiving income of more than double the IPREM.
                            • Not having the right to this benefit for a different reason.
                          • Foreigners  who are in Spain but are not legally resident in Spain are also entitled to medical assistance. In this case, in order to obtain medical assistance, they have to go directly to the Health Service of the Autonomous Community where they reside.
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