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Special Agreement for non-professional carers of dependent people, R.D. 615/2007.

Who can receive it?

This agreement can be signed by the person who is designated as a carer in the Resolution recognising the financial benefit for care in the family environment and support for non-professional carers and, as such, is considered a non-professional carer in the Individual Care Programme (PIA), provided that the dependent person for whom they are caring receives the financial benefit for family care regulated in Law 39/2003, of 14 December.

The condition of non-professional carer may be assumed by persons who meet the requirements established in the regulations governing the benefits of the System for Autonomy and Care for Dependency. In general terms:

  • Spouse
  • Relative up to 3rd degree
  • Person in the close environment of the dependent person

It shall not be subscribed if the person concerned is in any of the following situations:

  • Performing a professional activity for which they must be included in the Social Security System. However, the following cases are excepted:
    • The agreement can be signed when the carer is already working and reduces their working hours to care for the dependent person, provided that the contribution basis for these activities is lower than the base corresponding to the agreement.
    • Non-professional carers can also subscribe to it, regardless of whether they continue or start a professional activity, provided that the contribution basis for these activities is lower than the base corresponding to the agreement.

In these cases, the contribution basis of the agreement is reduced and will be the difference between the base corresponding to the agreement according to the degree of dependency and the base of the activity carried out.

  • Registration in RETA, even if their contribution base is lower than that which would correspond to them under the agreement.
  • Receiving unemployment benefit. However, it can be combined with part-time contributory unemployment benefit, provided that the contribution basis for unemployment benefit is lower than the base corresponding to the collective agreement.
  • Retirement and Permanent Disability Pensioner
  • Widow/widower pensioner or in favour of relatives and is 65 years of age or older
  • During periods of leave from work for family care, which are considered actual contribution periods
  • During periods of reduced working hours, which are considered actual contribution periods
  • Recipient of a non-contributory pension
  • Recipient of a foreign pension
  • Recipient of benefits from external schemes (MUFACE, ISFAS...)
  • Registered professional having opted for the alternative mutual insurance scheme to RETA

This type of special agreement does not require a contribution period prior to the application.

Protective Action

The protective action provided by this special agreement will be that corresponding to:

  • Retirement
  • Permanent Disability resulting from an accident of any kind, or from sickness of whatever nature
  • Widow/Widower's Pension, orphanhood and other benefits in favour of family members resulting from accidents, whatever their nature, or from sickness, irrespective of their nature
  • Occupational Training

How and when to apply

The application for the Special Agreement shall be made, at any time, once the financial benefit for family care of the dependent person has been recognised by the corresponding Autonomous Community, by means of the means provided in the section "Formalities and formalities for Special Agreements".

Effects

The effects will be:

  • If the financial benefit is applied for within 90 calendar days of the date of recognition of the financial benefit for family care of the dependent person, the effects of the special agreement shall be from that date of recognition of the financial benefit.
  • If requested after the above deadline, the effects of the agreement shall take effect from the date of the application of the special agreement.

Contribution

Responsibility for the contribution:

The payment of the special agreement fee shall be borne exclusively by the Institute of Social Services and the Elderly (IMSERSO).

However, if the subscriber is in any of the following situations and wishes to maintain the contribution basis for which they have been paying contributions, they can choose to sign a special agreement complementary to the one financed by the IMSERSO, at their own expense, the contribution corresponding to the complementary agreement:

  • If they have interrupted an employed or self-employed activity in order to devote themselves to the care of the dependent person
  • Where the conclusion of this type of agreement has led to the termination of a previous agreement
  • If they reduced their working hours and the corresponding remuneration as a result of the performance of non-professional care work

Contribution basis

In the case of special agreements for non-professional carers financed by the IMSERSO, the contribution basis varies according to the degree of dependency and hours of dedication:

  • Grade III dependency: the contribution basis of the agreement will be the minimum contribution basis General Scheme (In 2023: €1,260.00)
  • Grade II dependency: the contribution basis of the agreement will be proportional to the number of hours of recognised dedication, and may not be less than 50% of the minimum base of the General Scheme.
  • Grade I dependency: the contribution basis of the agreement will be 50% of the minimum base General Regime

However, if the person concerned wishes to maintain the contribution basis for which they were paying contributions by signing a special agreement complementary to the one financed by the IMSERSO, the contribution base for that person will be the difference between the base of the carers' agreement financed by the IMSERSO and the contribution basis for which they were paying contributions prior to signing the special agreement.

Determination of the quota:

The single contribution basis in force in the General Regime (for the year 2023, 28.30%) will be applied to the single contribution basis that corresponds to the grade of dependency and hours of dedication.

The result obtained shall be multiplied by the reduction coefficient set annually by the Contribution Order. For the year 2023: 0.77

For the purpose of financing training for carers, 0.2% of the contribution basis will be contributed for vocational training.

Likewise, from 1 January 2023, the contribution corresponding to the intergenerational equity mechanism will be paid, which will be determined by applying the rate each year corresponding to the agreement's contribution basis.

It is foreseen that the contribution for the Intergenerational Equity Mechanism will be phased in progressively from 1 January 2023 until 31 December 2050, according to the following scale:

  • In 2023, this will be 0.60 percentage points
  • In 2024, this will be 0.70 percentage points
  • In 2025, this will be 0.80 percentage points
  • In 2026, this will be 0.90 percentage points
  • In 2027, this will be 1 percentage point
  • In 2028, this will be 1.10 percentage points
  • In 2029, this will be 1.2 percentage points
  • From 2030 to 2050, the same percentage of 1.2% will be maintained.

Payment deadline

The fee, if any, payable by the subscriber shall be paid within the calendar month following the month to which it refers.

Compatibilities

This agreement can be made compatible with the following situations:

  • With part-time work or, when the contribution basis for the activity is lower than that of the special agreement
  • With part-time contributory unemployment benefit if the benefit base is lower than the contractual basis
  • With unemployment benefits for those over 52 years of age
  • With the active insertion income
  • With the unemployment benefit for permanent and continuous workers under the General Scheme
  • With the voluntary special agreement for non-professional carers
  • With another carers' agreement for the care of two or more dependants, provided that the sum of the contribution bases of the agreements does not exceed the minimum contribution basis of the General Scheme.

Expiry

The agreement for this group will be terminated on any of the following grounds:

  • If the interested party is included, due to the performance of an activity in the field of application of any Social Security System and the new base that corresponds to the activity is equal to or greater than the base of the agreement
  • Due to the carer acquiring the status of holder of a retirement pension or permanent disability pension
  • Due to the carer acquiring the status of holder of a widow's or widower's pension, when they are 65 or older, in any of the Regimes of the Social Security Schemes.
  • For non-payment of instalments, payable by the subscriber, corresponding to 3 consecutive monthly payments or 5 alternative monthly payments, when the subscriber is responsible for payment.
  • If the person cared for dies or the economic benefit for family care collected this person expires, or if the carer dies
  • If the carer stops providing the care
  • If the requirements of 615/2007 are no longer met
  • Death of the subscriber
  • At the request of the interested party, in the case of complementary agreements whose payment is borne by the subscriber

Documentation required for the application

Applications for registration of non-professional carer agreements (Form TA.0040) must be accompanied by the following documentation:

  • Original or copy of the non-professional carer's current identification document (National Identity Document -NIF- or Foreign Resident Identification Number -NIE-)
  • Original or copy of the dependent person's valid identification document (National Identity Document -NIF- or Foreign Resident Identification Number -NIE-)
  • Copy of the resolution recognising the right to the benefits of the System for Autonomy and Care for Dependency, recognised by the Individual Care Programme (PIA).

With regard to the documentation required in the event of a change in data, applications must be accompanied by the documentation justifying the change in the special agreement in question, unless this information is already recorded in the Social Security General Treasury databases.

With regard to the documentation to be provided in the event of terminating the special agreement, applications must be accompanied by the documentation justifying the termination, except when it is an application for voluntary termination and unless the information already appears in the Social Security General Treasury databases.

Applicable Regulations

  • Royal Decree 615/2007 of 11 May regulating the Social Security for carers of dependent persons.
  • Art. 28 of Order TAS/2865/2003, of 13 October (BOE 18 October) regulating the special agreement in the Social Security system.
  • Royal Decree-Law 6/2019, of 1 March, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation, was published.
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