Students in receipt of allowances or benefits

Recipients of contributory unemployment benefit and contributory unemployment benefit, including unemployment benefit for the over-52s, are not included in the field of application of the Additional Provision. 52 TRLGSS.
However, recipients of non-contributory unemployment benefit are included in the field of application of the Additional Provision. 52nd TRLGSS, although their inclusion in the system will not affect their entitlement to Social Security benefits.

Inclusion in the Social Security system on the basis of the internship shall take place from the end of the contributions-based unemployment benefit. Once the start of the internship has been reported by the company, the inclusion in the Social Security scheme for the training placement will be determined by the Social Security General Treasury based on the information provided by the SEPE on the exhaustion of the contributions-based unemployment benefit.

Persons registered in the General Scheme or in the Special Scheme for Sea Workers under Additional Provision 52 will be entitled to transfer the right to health care as holders of said right, to which end the European Health Insurance Card or, where appropriate, the Provisional Substitute Certificate will be issued.

Pursuant to the regulations governing the minimum living allowance (Law 19/2021, of 20 December), income from the public grants referred to in Article 7.j) of Law 35/2006, of 28 November, on Personal Income Tax, and those considered study grants, do not count.

On the basis of the foregoing, the National Social Security Institute informs the managing body exclusively of the eligible income.

It is considered that the consideration of each day of unpaid training as 1.61 days of contributions will also be applicable to the days foreseen for carrying out such training in cases where the person carrying out the training is in a situation of temporary incapacity due to professional circumstances, birth and care of a child, risk during pregnancy or during breastfeeding, and that this consideration is only for the purposes of benefits.

Yes, they can, but they will not be registered as an intern (assimilated to an employee) because they are in a situation assimilated to being registered with the duty to pay contributions.

In addition, they can combine the payment of the benefit with the completion of the internship.

Yes, provided that they meet the requirements. The protective action for interns, whether paid or unpaid, includes childbirth and childcare allowance.

The first six weeks are compulsory leave, while the remaining weeks may be distributed at will, in minimum weekly periods, provided that there is agreement with the employer, in line with the general rules.

While on leave (either the 6 weeks of compulsory leave or the 6 weeks of voluntary leave), the intern may not continue the internship.

Additional Provision 52 LGSS provides for temporary disability benefit as part of its protective action. In the case of paid internships, this can be caused by both common and professional contingencies. In the case of unpaid internships, it may be caused by occupational contingencies.

There is no incompatibility in relation to the provisions of Law 39/2006 of 14 December Promoting Personal Independence and Care for People in a Situation of Dependency.

Students on training placements or external academic placements, both paid and unpaid, shall be entitled to the benefits of School Insurance under the same conditions as students who do not undertake such placements, provided they can prove that they meet the conditions established to this end.

In this case, as health care is required for occupational contingencies, it will be provided by the Social Security service, notwithstanding the maintenance of their status as a beneficiary of the mutual insurance company.

The beneficiaries of mutual right-holders who are included in the scope of application of Additional Provision 52 LGSS are covered by the corresponding mutual society for the provision of medical assistance for common contingencies, and they retain this insurance title compatible with their registration as healthcare policyholders in the Public Health System, with the exception to the general rule that the person who was from a mutual society but who has opted for the Public Health System will continue to receive medical assistance through the Public Health System, as a right-holder, not as a beneficiary.

Yes. The beneficiaries of mutual insurance policyholders included in the scope of application of Additional Provision 52 TRLGSS are covered by the corresponding mutual society for the provision of medical assistance for common contingencies, as they retain this insurance title compatible with their registration as medical assistance policyholders in the Public Health System, with the exception to the general rule that the person who was a beneficiary of a mutual society with public coverage through the Public Health System will continue to receive medical assistance through the Public Health System, although now as a right-holder and not as a beneficiary.

With regard to occupational contingencies, medical assistance would be provided by the managing entity (National Social Security Institute or ISM) or collaborating entity (Social Security Mutual Society Partner), with which the said contingencies are insured.

Does the inclusion of workers employed by another person assimilated to employees in the Social Security system for work internships under Additional Provision 52 LGSS have any impact on the minimum supplements for contributory Social Security pensions?

The registration of the student trainee with the Social Security as an employee is not in itself incompatible with the receipt of the minimum supplements.

However, regardless of whether or not the trainee student is registered in accordance with the provisions of DA 52ª (for example, retirement and permanent disability pensioners do not have to be registered, and death and survival pensioners do have to be registered), in any case, the regulations governing minimum allowances establish an income limit for receiving minimum supplements. The nature of this remuneration as employment returns is determined by tax legislation, and the calculation of such remuneration is determined by the provisions of that legislation. On the basis of the foregoing, the Tax Administration informs the managing body exclusively of the eligible income.

Being in receipt of a widow's or widower's pension or benefit does not exclude a potential recipient from the scope of application of Additional Provision 52 LGSS.

Registration in the General Regime or in the Special Regime of Seafarers of the pensioner or beneficiary of the orphanhood benefit who carries out the internship, whether paid or not, does not affect the right to the pension. However, in the case of orphans aged over 21 and aged under 25, although registration as an employee is not in itself incompatible with receipt of the orphan's pension or benefit, the rules governing this pension establish that it is incompatible with receiving returns from work that exceeds the minimum professional wage. The nature of this remuneration as employment returns is determined by tax legislation, and the calculation of such remuneration is determined by the provisions of that legislation. On the basis of the foregoing, the Tax Administration informs the managing body exclusively of the eligible income.

Being in receipt of an orphanhood pension or a beneficiary of an orphanhood benefit does not exclude a potential recipient from the field of application of Additional Provision 52 LGSS. However, inclusion in the Social Security system by virtue of DA 52 TRLGSS will not affect the right to receive benefits from the Social Security system.

No. Given that total permanent disability pensioners are excluded from the subjective scope of Additional Provision 52, the 20% increase in the regulatory base in the qualified total permanent disability pension is compatible with the completion of the internship.

The financial benefit would have to be paid in the form of a delegated payment by the person who assumes the status of employer in accordance with the provisions of the D.A. 52ª LGSS in the months of April, July, October and January, including the days of temporary disability corresponding to the respective previous quarter.

In this case, you could continue to receive temporary disability benefit in the form of direct payment. To do so, you should apply to the managing body or Social Security Mutual Society Partner with which the contingency causing the temporary disability is covered.