Originators / requirements
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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:
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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.
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Previous contribution periods are also not required for coverage of a death grant.
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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.
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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.
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Retirement pensioners receiving contributory benefits.
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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.
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Workers who stopped working and had the right to collect a contributory retirement pension but died without requesting it.
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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.
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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.