Permanent Disability Pension
General Information
Purpose: |
This is a financial benefit that seeks to cover the loss of income suffered by a worker whose ability to work is permanently reduced or impaired due to an illness or accident. |
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Beneficiaries: |
People included in any Social Security scheme that meet the requirements of the corresponding disability level. |
Degrees: |
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Requirements: |
Depending on the degree of disability, some general and contributory requirements apply. If the disability is the result of an accident, whether work-related or not, or an occupational disease, no previous contributions are required. |
Amount: |
Determined by the base pension and the percentage applied according to the recognised level of permanent disability.
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Economic effects: |
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Payment: |
When the pension derives from a common disease or non-work-related injuries, it is paid in 14 instalments (monthly with two special payments). It is revalued annually and minimum monthly amounts are guaranteed. The pension is subject to personal income tax (IRPF), while pensions arising from absolute permanent disability and serious disability are exempt from tax withholdings. |
Compatibility/Incompatibility: |
In all cases, if employment results in the worker being registered in a Social Security scheme, all registration and contributory obligations must be met, and the management entity must be informed of the situation. |
Deadlines: |
The provincial directorate of the INSS or the ISM, where applicable, will issue a decision within a maximum period of 135 days. If no decision has been issued within this deadline, the application will be deemed to have been denied due to no administrative response. If a hearing is necessary or if additional documentation is requested, the interested party will have 10 days to argue his/her case or submit the documentation. Also, the employer will be given 10 days to argue its case if deemed responsible due to lack of health and safety measures. |
Suspension / Termination: |
The pension can be terminated due to a review of the declared disability, the granting of a retirement pension if it is being requested, or the death of the recipient. It may also be suspended. |
Forms: | |
Documentation: |
The documentation that must be submitted to process the pension request is listed on the application form. |
Where is it processed: |
At the provincial directorate of the INSS or the ISM, where the interested party resides, unless living abroad, in which case he/she should contact the provincial directorate of the INSS in the province where the last contributions paid in Spain were certified. When the ISM is the competent authority, it will fall to the corresponding regional office. |
Competent entity: |
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Other information of interest: |
Review: The disability status may be reviewed if the conditions becomes worse, improves or was misdiagnosed, or in the case of employment while the disabled person is under retirement age. This may lead to the degree of disability being confirmed or changed, or to the termination of the disability status, and therefore, disability benefits. Permanent disability pensions become retirement pensions, when the beneficiary turns 65. In Catalonia the duties of the EVI, are carried out by the Catalonian Institute of Disability Evaluation, and the Disability Evaluation Commission. |