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Care of minors affected by cancer or another serious illness

Procedure

Procedure for the benefit for care of minors affected by cancer of another serious illness.

General Information


Purpose:

This an allowance to compensate for the loss of income of working biological parents, adoptive parents or foster parents who reduce their working day and salary to care directly, continuously and permanently for a dependent minor affected by cancer or another serious illness stipulated by law.

When the allowance starts:

The allowance starts on the day the reduction of working hours begins, provided that the application is submitted within three months of that date.
If the application is submitted after this deadline, the financial effects will be backdated for a maximum period of three months.

Duration:

The initial period for granting the allowance will be one month, which is extended by two months in the event of the continued need to care for the minor. This must be proven by a report from a Public Health Service (SPS) doctor or the administrative healthcare body of the corresponding Autonomous Community responsible for the minor´s care.

Originators:

Children or minors under 18 years of age under the care of the beneficiary, with the age exceptions stipulated in article 190 of the consolidated text of the LGSS, who require direct, ongoing and permanent care:

  • Suffer from cancer or another serious illness that requires long-term hospital admission.
  • Need to continue with medical treatment at home following the diagnosis and hospitalisation.
Beneficiaries:

Employed or self-employed workers of either gender who reduce their working day by  at least 50% in order to care for the minor.

When both biological parents, adoptive parents or foster parents are entitled to the allowance, it may only be granted to one of them.

Requirements:
  • The biological parents, adoptive parents or foster parents in each family unit must be affiliated to and have active contributor status in any of the public Social Security schemes or the Mutual Societies for Social Insurance established by the relevant professional association.
  • Have the required contribution period:
    Aged under 21: no minimum contribution period is required
    Aged 21 years  to 25 years, inclusive: 90 days of contribution in the 7 years immediately prior to the date when leave starts or, alternatively, 180 days of contribution in all their working life.
    26 years of age or over. 180 days of contribution in the 7 years immediately prior to the date when leave starts or, alternatively, 360 days of contribution in all their working life.
  • Being up to date with social security contribution payments.
Amounts:

An allowance equivalent to 100% of the base rate established for the temporary disability allowance arising from occupational contingencies, or that of common contingencies when the coverage has not been chosen, applying the percentage of reduction to the working day.

Management / Payment:

Payment will be made by the corresponding managing body or social security mutual society partner, with which the worker has cover for occupational contingencies or, when they do not have this cover, the one which covers their ordinary contingencies.

Further information about payments 

Deadlines:

The managing body or mutual society will issue a decision and send notification within 30 days of receipt of the application.

Forms and Documentation:

The relevant approved application form must be submitted together with the documents required to prove identity and accredit the circumstances giving right to the allowance.

Suspension/Termination:

The allowance will be stopped in the event of suspension in the employment relationship for any reason or, in the event of intermittent receipt of the allowance,  when it is granted to the other parent.
The benefit shall be terminated by:

  • The beneficiary starting full-time work.
  • The minor no longer requiring care.
  • One of the parents stopping work.
  • The minor turning 18 years old.
  • The death of the minor or beneficiary of the allowance.

More information on denial, annulment, suspension and termination

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