Complements to Minimums

The amount of non-concurrent pensions, once revised, shall be supplemented where necessary in order to reach the minimum amount.

Limit on income and other requirements:

1. The minimum supplements are non-consolidable and will be absorbed into any future increases in payments received by the interested party, either as a result of revisions or the awarding of new periodic benefits which give rise to the simultaneous payment of different pensions, which is regulated under the terms set forth in the following chapter of this royal decree. In this last case, the absorption of the minimum supplement will take effect from the first day of the month following the decision to award the new pension.

2. Minimum supplements shall be incompatible with the pensioner receiving income from work, capital or economic activities and capital gains according to the item established for such income in the IRPF and calculated according to the provisions of article 59 of the LGSS, when such income exceeds 8,614.00 euros per year.

3. When the annual income referred to in the above paragraph plus the income corresponding to the pension are less than 8,614.00 euros plus the annual minimum sum for the type of pension in question, a supplement will be awarded to make up the difference, divided over the corresponding number of months.

4. The interested party shall be understood to meet the requirements described in the previous paragraphs when they can show that the income they are set to receive in 2023, calculated as provided for in section 2, will be 8,614.00 euros or less.

5. Pensioners who, over the course of 2023, receive an accumulated income that exceeds the limit referred to in the previous section will have to inform the management bodies of this fact within a month from the date said circumstance arises.

6. In order to prove earnings or income, the Social Security management organisms can at any given time request a declaration from the recipients of minimum supplements, as well as their property assets and, where applicable, that they provide their submitted tax statements.
   

7. The minimum assigned to pensions for severe disability includes the two elements that make up the pension (pension and supplement for the person that assists the severely disabled person).

8. With regard to pensions for which an individual has become eligible since 01-01-2013, in order to be eligible to receive the supplement to reach the minimum pension amount, the beneficiary must be a resident of Spain. For pensions for which an individual has become eligible since that date, the supplement cannot in any circumstances be greater than the amount established each financial year for non-contributory retirement or disability pensions.

9. When the orphan's pension awarded from 01-01-2013 increases by the amount of the widow/widower's pension, the limit on minimum supplements will only apply to the widow/widower's pension that leads to the increase in the orphan's pension.

10. Pensioners with a severe disability who receive the supplement to pay the person who assists them, will not be affected by the limit established in section 6.

11. When the minimum pension supplement is requested after the pension has been awarded, it will be backdated for three months from the date of the request, provided that, at that moment, the applicant met all the requirements that make them eligible to receive said supplement.

1. The pension recipient is considered to have a dependent spouse, with regard to recognising the minimum amounts established, when the spouse lives with and is economically dependent on the pensioner.
   Cohabitation shall be assumed, except in the event of legal separation, whenever the bond of matrimony is maintained, unless this presumption is contradicted by an investigation by the Administration.
   The spouse shall also be considered economically dependent when the following conditions are met:
   

   1. The spouse of the pension recipient is not also the recipient of a pension paid under the basic state welfare system, which includes any pensions awarded by another State and any minimum income supplements and financial support from a third party, both provided for in the Consolidated Text of the General Law on the rights of people with disabilities and their social inclusion, approved by Royal Legislative Decree 1/2013, of 29 November, and the assistance pensions regulated by Law 45/1960, of 21 July.
   2. Income of any kind that the pension recipient and their spouse receive, calculated as indicated in the previous section, must be less than 10,048.00 euros per year.

   When the annual income referred to in the above paragraph plus the annual amount of the pension to be supplemented total less than the sum of 10,048.00 euros plus the annual amount of the minimum pension for an individual with a dependent spouse, a supplement will be awarded to make up the difference, divided over the corresponding number of months.
   

2. The pension recipient will be understood to have a non dependent spouse for the purposes of awarding the minimum sum, when said spouse is cohabiting with the pensioner and is not financially dependent on them under the terms provided for in the previous paragraph.

3. The pensioner will be deemed to constitute a single-person financial unit for the purposes of applying the terms of the 24th additional provision of Law 40/2007 of 4 December on Social Security measures, when, on proving their right to receive a minimum supplement due to their income, as provided for in the previous paragraph, they do not fall into any of the categories described in the above paragraphs.

4. With regard to pensions for which an individual has become eligible since 01-01-2013, in order to be eligible to receive the supplement to reach the minimum pension amount, the beneficiary must be a resident of Spain. When the pensioner has a dependent spouse, they may not exceed the amount corresponding to the non contributory pension through the application of the terms of section 2.a of article 59 of the LGSS, for economic units where two beneficiaries are entitled to a pension.

5. Beneficiaries of the dependent spouse supplement are required to declare any change to their marital status that affects this supplement within the month following the change. They must also declare any change in the economic dependency status of the spouse.
   Without prejudice to the provisions in the paragraph above, the competent Social Security management organisms may request the spouse's identification data at any time, as well as a declaration of the income of both spouses.
   If the beneficiaries fail to comply with this obligation, it will constitute an infringement, as provided for in section 2 of chapter III of the consolidated text of the Law on social infringements and penalties, approved by Royal Legislative Decree 5/2000 of 4 August.   

6. The loss of the right to the dependent spouse supplement will take effect from the first day of the month following the one in which the beneficiary ceased to be eligible for said supplement.

1. If they fail to meet the residency requirements, they will lose the right to the minimum supplement from the first day of the month following the event that gave rise to this circumstance.

2. The minimum pension supplements cannot be consolidated and will be terminated if the income or residence requirements for obtaining them are not met.
In the event that any of the circumstances determining their recognition should arise again after termination, the minimum allowances will not be reinstated at the initiative of the managing body, but only upon application and accreditation of the corresponding requirements by the interested party.

3. The requirement to be a resident in Spain in order to be eligible to receive the supplement to achieve the minimum pension is a requirement that applies to pensions for which the causal event occurred from 1 January 2013 regardless of any legislation applicable to awarding the pension.

• Dependent relatives are understood to be children under the age of 26 who live with the beneficiary or older family members with a disability, or foster children under the age of 18, when the joint income of the cohabiting family, divided by the number of family members, is no more than 75% of the SMI , excluding the proportional part of the two extraordinary payments.

• The income that will be taken into account will be any assets or rights, both from employment and capital, and any benefits received. The income taken into account will be the income for the year prior to the one in which the supplements are to be applied, and should exclude any income which is no longer received as a result of the event which gave rise to eligibility for the benefits, and any income which the beneficiaries can prove will not be received in the year in which the minimum supplements are to be applied.

1. Proof of Spanish residency should be provided in accordance with Royal Decree 523/2006, of 28 April, which abolishes the requirement to provide a municipal registration certificate and documents proving the individual's address and residency for administrative procedures of the General State Administration and any public bodies linked to it or dependent on it.

   However, a municipal registration certificate is required when the interested party does not give their consent for their data to be checked via the Residency Data Verification System, as provided for in the single article, section 3, paragraph three of the above mentioned Royal Decree 523/2006, of 28 April.

2. It shall be understood that the beneficiary of the pension has their habitual residence in Spain, provided that their overseas visits are of a duration of 90 days or less over the course of the calendar year, or if they are due to an illness suffered by the beneficiary, which is duly evidenced through the corresponding medical certificate.

3. The beneficiary will lose their right to the minimum supplement if they move outside Spain or their overseas visits are of a duration of more than 90 days over the course of the calendar year, unless the interested party is able to prove by other means that their habitual residence is in Spain.

   For these purposes, their family situation could be taken into account, along with any professional reasons why they might need to travel so often, as well as proof of having a stable job in Spain or the intention of getting one.

4. If they fail to meet the residency requirements, they will lose the right to the minimum supplement from the first day of the month following the event that gave rise to this circumstance.

5. The minimum pension supplements cannot be consolidated and will be withdrawn if the beneficiary fails to meet the income or residency requirements for obtaining them.

   In the event that, following the withdrawal of the supplement, the beneficiary becomes eligible to receive them once again, payment of the minimum supplements will not be restored on the initiative of the management entity. The interested party will have to apply for them and provide evidence that they meet the corresponding requirements.

6. The requirement to be a resident in Spain in order to be eligible to receive the supplement to achieve the minimum pension is a requirement that applies to pensions for which the causal event occurred from 1 January 2013 regardless of any legislation applicable to awarding the pension.