Recognition of the right to benefits
The authority to recognise this right corresponds to:
To the National Social Security Institute (INSS), Social Marine Institute (ISM) or to the Social Security Mutual Society Partner that covers, if applicable, common and/or occupational diseases in the company in question.
Authorised companies that voluntarily collaborate in the management of the General Scheme, when the cause corresponds to the contingencies included in the collaboration agreement. From 1 April 2019, voluntary collaboration may only be carried out on contingencies arising from accidents at work and occupational diseases (occupational contingencies).
1. Companies which, on 31 December 2018, were covered by the collaboration scheme regulated in Article 102.1.b) of the revised text of the General Social Security Act (economic benefits for temporary incapacity derived from common contingencies: common illness and accidents not relating to work), shall cease in said collaboration with effect from 31 March 2019, having to proceed, within the 3 months following the cessation, to carry out the liquidation of the operations related to the collaboration, in accordance with the provisions of Articles 14 and 15c of the Order of 25 November 1966, which regulates the collaboration of companies in the General Social Security System.
Notwithstanding the above paragraph, with regard to temporary disability processes derived from common illness and non-work-related accidents that are in progress at the date of cessation, the responsibility for the payment of the subsidy derived from this will continue to correspond to the collaborating company until the date of extinction of the temporary disability or, where appropriate, the extension of its economic effects, without the company being able, in such cases, to compensate itself in the corresponding liquidations of the Social Security contributions.
2. The companies that cease the collaboration modality foreseen in Article 102.1.b) of the rewritten text of the General Law on Social Security, under the terms established in the first paragraph of the previous section, may opt to formalise the protection of the economic benefit for temporary disability derived from common illness and non-work-related accidents with a mutual collaborator with the Social Security, in accordance with that established in Article 83.1.a), second and third paragraphs of said legal rule, having to exercise said option before 1 April 2019.