Benefits included in the Agreement

General information

The Agreement applies to the following benefits:

Relating to Spain:

To the following benefits in the Social Security System:

• Healthcare during maternity and for illness or injuries.
• Financial benefits for temporary disability and maternity.
• Benefits for permanent disability, old age, and death and survival.
• Family protection benefits.
• Unemployment benefits.
• Financial benefits for work-related injuries and occupational disease.

In relation to Chile:

To Social Security legislation regarding:

• Healthcare during maternity, common illnesses and non-work-related injuries included in the public health system.
• Economic benefits for temporary disability due to common illnesses and non-work-related injuries included in the public health system.
• Benefits for disability, old age and survival from the New Pension System based on the individual capitalisation scheme and on the schemes administered by the Retirement Standardisation Institute.
• Family benefits.
• Unemployment benefits.
• Health care and economic benefits due to work-related injuries and occupational disease.

Regarding these benefits, remember that:

• For the contributory benefits provided for in the Agreement, completed periods of insurance in Spain and Chile can be added together.
• Contributory pensions can be collected regardless of whether the interested party is resident or currently located in Spain or Chile.
• Each country will pay its own benefits directly to the beneficiary.
• Those who meet the entitlement requirements of the legislation of both countries for a contributory pension can collect it from both.

Healthcare

Entitlement to health care is granted, according to 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 temporarily move to another country and need immediate health care.
• Insured workers from one country and their family member that go with them, who are sent to work in another country for a period of no longer than three years.
• Family members of a worker insured in one country and who are resident in 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 entitled to benefits for immediate needs.

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 resulting from common disease or non-work related injury, and Maternity

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

Disability, Old Age, and Survival

1. Spanish Social Security and the Schemes administered by the Chilean Pension Standardisation Institute
   
   Each country will examine the pension application separately, as follows:
   • If the interested party is entitled to the pension without the need to add in the periods of insurance in the other country, the corresponding pension will be granted taking into account only its own periods of insurance.
   • If the interested party is not entitled to the pension in the terms of the previous paragraph, the periods of accredited insurance from the other country will be added in. The benefit will not be for the whole amount but for a proportion of the periods of insurance in the country granting it and the total sum of the periods in Spain and Chile.
   • In the case of a Spanish Social Security retirement pension that considers a total of insurance periods accredited in Chile, this total shall also be used to determine the age of entitlement to the pension.
     
2. Chilean Individual Capitalisation System
   
   Those affiliated to a Pension Fund Administration will finance their pensions in Chile 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.
   
   Those affiliated to the New Pension System can continue to pay voluntary retirement contributions as independent workers while they are resident in Spain and working at a job that means they should contribute to Spanish Social Security. These retirement contributions will be taken into account by the Chilean institution even though they overlap compulsory Spanish periods.

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.