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Benefits included in the Agreement

General information

The Agreement applies:

Relating to Spain:

contributory benefits from the Spanish Social Security System:

    • Health care during common or occupational diseases and injuries, whether work related or not.
    • Temporary disability due to common illnesses and non-work-related injuries.
    • Maternity and risk during pregnancy.
    • Permanent disability, retirement and survival.
    • Family benefits for a dependent child.
    • Economic benefits for work-related injuries and occupational disease.
    • Death grant.
In relation to the Republic of Peru:

To legislation for:

    • The contributory Social Security Health Scheme and other Social Security Schemes related to health and economic benefits.
    • The National Pension System and the special schemes for economic benefits for disability, retirement and survival.
    • The Private Pension System, with reference to economic benefits for retirement, disability, survival and burial costs.
Regarding these benefits, remember that:
    • To get the contributory heath and economic benefits included in the Agreement, periods of insurance completed in Spain and Peru can be added together, if they do not overlap.
    • Contributory economic benefits can be collected, except for those for temporary disability, regardless of whether the interested party is resident or currently located in Spain or Peru.
    • Each country will pay its own benefits directly to the beneficiary. However, if the amount corresponding to similar benefit payments is higher than that owed by the Social Security of the other country, it can be deducted from the first payments of the pension granted.
    • 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 it can also be received in another country by:

  • Workers insured in one country and their family members that go with them, who temporarily move to the country where they are nationals and need emergency health care.
  • Pensioners who receive a pension in one country and their family members that go with them, who temporarily move to the country where they are nationals and need emergency health care.

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, maternity, breastfeeding, and risk during pregnancy

Economic benefits for these contingencies are granted by the country where the recipient is insured, taking into account, if necessary, any periods of insurance in the other country, if they do not overlap.

Permanent Disability, Retirement and Survival

Each country will examine each application for benefits separately in the following way:

  • It will check whether the interested party is entitled to the benefit, taking into account only its own periods of insurance, not those of the other country.
  • Likewise, the benefit will be calculated by adding together its own periods of insurance and those of the other country (theoretical pension). 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 Peru (prorated pension).

There is an exception for cases in which the total length of the periods of accredited insurance in one of the two countries is less than one year and therefore there is no entitlement to a pension from that country. This period will be accepted by the other country as being its own period, but without applying the clause "pro rata temporis". 

  • The benefits calculated as  indicated in previous sections will be compared, and each country will recognise and pay the benefit which most favours the interested party.

The recognition and calculation of the pension will take into account:

  • If, when adding up the periods, there are voluntary periods of insurance that overlap with obligatory insurance periods, both the theoretical pension and the amount of the economic benefit will be calculated without taking into account the voluntary periods of insurance.

However, the resulting amount will increase in proportion to the voluntary periods of insurance that were not calculated. This increase will be calculated according to the terms of the legislation of the country in which the voluntary periods of insurance were paid.

  • The institution that calculates the pension will consider the worker to be subject to its legislation, if this person is insured in the other country or receives a benefit from that country based on its own periods of insurance. To grant survival pensions, the fact that the deceased was insured or was a pensioner in accordance with the legislation of the other country will be taken into account.
  • If the granting of a benefit requires that some periods of insurance have been completed immediately prior to the causal event, this requirement will also be considered to have been met if the interested party has an accredited period immediately prior to the granting of the benefit by the other country.
  • If the legislation of one of the signatory countries contains clauses which reduce, suspend or eliminate the pension in the case of pensioners who work, these clauses will be applicable even if the work is performed in the other country.
  • If it was necessary to add in Peruvian periods of insurance to grant a Spanish pension, the pension will be calculated using the actual contribution bases of the insured person in Spain for the years immediately prior to the payment of the last contribution paid to Spanish Social Security. The amount obtained will be increased annually according to the established revaluations until the date of the causal event for benefits of the same kind.
  • For entitlement to the benefits of certain special regimes (for example, Seafarers or Coal Mining), only the periods in the other country spent in the same profession or job will be taken into account.
  • In the case of a Spanish Social Security retirement pension that considers a total of insurance periods accredited in Peru, this total shall also be used to determine the age of entitlement to the pension.

Peruvian Private Pension System

Those affiliated to a Pension Fund Administration will finance their pensions in Peru with the accumulated balance of their individual capitalisation account. However, if the balance of their individual account is not sufficient to finance a pension of at least the same amount as the minimum State guaranteed pension, the periods of Spanish insurance can be added in to bring it up to the minimum 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.

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