General information

The Agreement applies to the following benefits:

Relating to Spain:

To the following contributory benefits in the Social Security System:

• Health care during maternity, common or occupational diseases, and injuries, whether work related or not.
• Economic benefits for temporary disability due to common illnesses and non-work-related injuries.
• Economic benefits for maternity.
• Benefits for permanent disability, retirement, and death and survival.
• Economic benefits for work-related injuries and occupational disease.
• Family benefit for dependent children.

In relation to Tunisia:

To the legislation on contributory Social Security applicable to wage earners, non-wage-earners and those assimilated for:

• Social security benefits (illness, maternity, and death).
• Compensation for work-related injuries and occupational diseases.
• Benefits from disability, old age, and survival insurance.
• Family benefits.

Regarding these benefits, remember that:

• To get the contributory benefits included in the Agreement, periods of insurance completed in Spain and Tunisia can be added together.
• Contributory economic benefits can be collected regardless of whether the interested party is resident or currently located in Spain or Tunisia.
• Each country will pay its own benefits directly to the beneficiary.
• Those who meet the requirements of the legislations of both countries for entitlement to a contributory pension may receive it from either country.

Healthcare

Entitlement to health care is granted, according to national legislation, by the country where the worker is insured or by the country that is paying the pension for pensioners, and, when necessary, the periods of insurance in both countries are added together, as long as they do not overlap.

Normally, health care is provided by the country that recognises it, but when workers move to or reside in the other country it can also be received under the following circumstances:

• Workers insured in one country, and their family members, who move temporarily to their country of origin for paid holidays or authorised leave and need immediate health care.

• Sick workers who have been authorised to move to another country.

• Pensioners of one country and their family members who are currently located or resident in the other country. During a temporary stay, they are only entitled to benefits for immediate needs.

• Family members of a worker insured in one country and resident in another country.

Health care is provided in the country where the recipient is currently present, according to the health legislation, by the Public Health Services of that country and for the time authorised by the institution of the country where the worker is affiliated or that pays his or her pension.

Temporary disability and Maternity

For entitlement to these benefits, the periods of insurance in both countries are added together, if necessary.

Disability, Old Age, and Survival

Each country will examine the pension application separately, as follows:

• The competent institution in each country will determine if the interested party is entitled to the pension, taking into account only its own periods of insurance, without adding in those from the other country.

• Also, it will determine entitlement to the benefit by adding together its own periods of insurance and those from the other country. In this case, the benefit will not be for the whole amount but a proportion of the periods of insurance in the country granting it and the sum of the periods for Spain and Tunisia.

• Once the entitlement of the interested party has been determined as indicated above, the competent institution in each country will grant and pay the pension that favours the interested party more.
  
• In the case of a Spanish Social Security retirement pension that considers a total of insurance periods accredited in Tunisia, this total shall also be used to determine the age of entitlement to the pension.

Work-related Injury and Occupational Disease

The benefit will be determined by the country whose legislation the worker is subject to on the date when the accident occurred or the disease was contracted.