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Non-economic benefit for child care, of a minor fostered or from other family members

Procedure


General Information


Purpose:

The consideration of an effective specific contribution period as a period of time of leave that workers take to care for each child, foster child or family member and the increase in contributions in certain cases of reduced working hours to care for a child or disabled person.

Originators:

Each child born or adopted or fostered in the circumstances provided by permanent family foster care or pre/adoption, even if they are temporary.

Other family members, up to the 2nd degree of consanguinity, who for reasons of age, accident, illness or disability cannot take care of themselves and do not have paid employment.

Beneficiaries:
  • For workers employed by others.
  • Excluding self-employed workers in the Special Schemes for Sea Workers and Self-Employed Workers.

More information on beneficiaries

Requirements:

To take the leave of absence provided for in Article 46.3 of the Workers' Statute and the reductions in working hours for the care of a minor or disabled person provided for in Article 37.6 of the aforementioned Statute.

Effective:

For the purposes of retirement benefits, permanent disability, death and survival, maternity and paternity, the period of leave considered to be an "effective contribution” will serve to: 

  • Certify the minimum effective contribution periods;  determine the base pension and the percentage applicable should there be one; maintain the right to Social Security health care.
  • During said period, the beneficiaries will be considered as affiliated.

The time during which the worker remains on leave that exceeds the period considered to be an effective contribution will be considered to be a situation similar to active affiliation and the worker will have access to benefits (except for temporary disability (IT ), maternity and paternity).

More information on effects

Period to be calculated as being effectively contributed for: 

The periods of up to three years of leave  due to workers for the care of each child or fostered child.

The first three years of the period of leave due to workers who care for other relatives.

If a full year is not taken, the period that has effectively been taken will be calculated as contributed.

The calculation will begin for a new period of effective contribution for each leave from work which successive children may give rise to.

The increase in  contributions to 100% when the workday is reduced to care for a minor or a person with disabilities.

More information on contributions

Deadlines:

Companies should report the start and finish of the leave of absence with job retention to the Social Security General Treasury within 15 days.

Refusal / Expiry:

The right to the recognition of this benefit does not expire, so it can be claimed at any time, and this may give rise , if this were the case, to the revision of the amount of benefits already recognised, as well as the recognition of new benefits denied earlier as not having been calculated.

Forms:

There is no application form.

Documentation:

All that needs to be done is to claim the corresponding contribution period when it is necessary to justify its origin.

Where to process it:

Through the ON-LINE Automatic Data Transfer System or in any branch of the Treasury General of the Social Security.

Competent body:

The acknowledgement of the contributions is the competence of the Social Security General Treasury.

Other important information:

Reduction in company contributions.

FAQs.

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