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People with Granted Rights / Beneficiaries

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Languages available: Castellano

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Languages available: Castellano

Originators / requirements

  • People included in the General Scheme of the Social Security, who are affiliated and with active contributor or assimilated contributor status and who have completed the minimum required contribution period:
    • If death is due to a common disease:

      500 days within an uninterrupted period of 5 years before the death of the worker, or before the date on which the worker became no longer required to contribute, if the originator held active contributor status or assimilated status with no obligation to contribute.

      However, the contribution requirement for orphan benefits is abolished if the originator is in high or in a situation similar to that of discharge when the originator dies.

      For workers on part-time contracts, to certify the contribution period required, effective 04/08/2013, theregulations set out in Royal Decree-Law 11/2013, of 2 August shall be applied.

      To this end, in the case of workers included in the Special System for Domestic Employees, from 2012 until 2018, the hours that have effectively been worked in the System will be determined in accordance with the contribution basis referred to in temporary provision 16 of the LGSS, divided by an amount that corresponds to the minimum hourly basis of the General System set by the LPGE for each one of those years. 
    • If death was caused by an accident, whether or not it was work-related, or by occupational disease, no previous contribution period is required.
    • Previous contribution periods are also not required for coverage of a death grant.
  • People who at the time of their death "were not" in an active contributor status or assimilated situation, will have the right to pensions as long as they contributed for a minimum of 15 years. Under no circumstances will a person be entitled to benefits for activities prior to 01-01-99.
  • People receiving benefits for temporary disability, risk during pregnancy, maternity, paternity or risk during breast feeding who fulfil the contribution period that may be set for that case.

  • Pensioners with permanent disability. The death of a person with absolute permanent disability or outstanding disability will be considered to be caused by work-related injury or occupational disease if either was the cause of the disability.
  • Workers who stopped working and had the right to collect a contributory retirement pension but died without requesting it.
  • Workers who disappear as a consequence of an accident, whether or not it was work-related, in circumstances in which death can be presumed, and those from which no news is received during the 90 calendar days following the accident. In this case, there is never any entitlement to a death grant.
  • Workers who are entitled to a total permanent disability pension, and opted for the special lump sum compensation for people under 60 years of age.

Assimilated Contributor Situations

For the purposes of these benefits, assimilated contributor situations are:

  • The legal state of unemployment, full and subsidised, and involuntary unemployment upon completion of the contributory or welfare benefits, as long as the person remains registered as unemployed at the employment office.
  • The situation of the worker during the period corresponding to paid annual holidays that were not taken before the contract ended.
  • Forced leave.
  • The period of time the worker remains on leave to care for a child, fostered minor or other family members that exceeds what is considered as the effective contribution period in article 237 of the LGSS.
  • Transfer of the employee by the company outside of Spain.
  • Periods of inactivity between seasonal jobs.
  • Prison terms served as a result of the cases outlined in the Amnesty Act 46/1977, of 15 October, under the terms governed by Law 18/1984, of 8 June.
  • The periods when aid is received for early retirement and before ordinary retirement.
  • A situation of temporary disability that continues after the contract has expired.
  • The situation of maternity or paternity that continues after the employment contract has ended or that starts while collecting unemployment benefits.
  • For workers affected by toxic syndrome who, as a result of this, stopped their job or professional activity at a particular time during the year, without it being possible to resume their job during that year and who were affiliated to one of the Social Security schemes, the assimilated situation will be understood with regard to the scheme that the workers were in when they finished work and for the common contingencies.
  • The period that the employment contract is suspended due to the worker's decision to stop working as a result of gender-based violence. 
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