Documents which must accompany the application
The original documents specified below must be submitted along with a copy for authentication, except for identity documents, where showing the original will suffice.
If the documents have been issued by foreign bodies, they must meet the legalisation requirements in order to be valid in Spain.
IN ALL CASES:
Certification of the identity of the applicant, legal representative and other persons who appear in the application, by means of the following documentation in force:
- Spanish Citizens: National Identity Card (DNI).
- Foreign citizens, whether resident or non-resident in Spain: Passport or, where appropriate, identity document in force in their country and NIE (Foreigner Identity Number) required by the AEAT for payments.
- Documentation providing proof of the legal representative status, when applicable, or, in the case of applicants below legal age, proof of emancipation. If they are an institutional guardian, the CIF/NIF, a document stating the Institution's appointment as guardian and certificate proving the Institution's legal representation. If you are legally disabled, you must present the judicial resolution that declares it or attestation of the Civil Registry.
- Death certificate of the deceased originator .
IF APPLYING FOR A WIDOW'S OR WIDOWER'S PENSION:
a) If they were married to the deceased originator:
- Family Record Book, Civil Registry certificate or equivalent foreign document, duly authenticated or stamped, where appropriate, and translated, certifying the marriage with the deceased originator and the current civil status of the applicant.
b) If the deceased originator was separated or divorced, or the marriage was annulled.
- Decree that certifies this status and the relevant Regulatory Agreement or document granting the entitlement to receive compensatory pension or compensation for annulment. If they are not a creditor of a compensatory pension: Family Record Book if there were common children, the separation or divorce occurred before 01/01/2008 and they are under 50 years of age, or there is proof that they were a victim of gender-based violence.
- Affidavit indicating compliance with the requirements relating to the compensatory pension, by means of the document provided by INSS, also accessible from this website .
- Accreditation by means of the Literal Birth Certificate issued by the Civil Registry that the applicant, after the termination of his relationship with the deceased, has not married another person.
For persons included in a) and b):
- Medical certificate stating the start date of the common disease that caused the death of the originator, as long as one year has not passed between the date of marriage and the date of death and there were no common children, or provisionally, a sworn declaration, under the aforementioned terms, by means of the document provided by the INSS. If there were common children, only the Family Record Book or birth certificates proving this fact.
- Accreditation of coexistence if it existed before marriage.
c) If they were the common-law partner of the deceased originator:
- Certificate proving registration of the partnership at the relevant registry in their Autonomous Region or town of residence, or proof of the formation of the partnership by public deed.
- Certificates from the Civil Registry proving that the applicant and the originator were not married to or separated from another person in the 2 years immediately prior to the death, if the partnership had been formed by public deed.
- Certificate of registration on the electoral register from the Town Council or any other entity able to provide proof of cohabitation with the originator for at least the 5 years prior to the death.
- Proof of the income of the applicant and of the originator in the calendar year prior to the death; and of the applicant in the same year as the death, through a IRPF statement or, if not available, payslips, bank documents, |etc.
IF APPLYING FOR AN ORPHAN'S PENSION:
- Family Record Book, birth certificate(s) of the child/children or equivalent foreign document.
Only in the case of perpetrators who died as a result of gender-based violence against women:
- Supporting documents of this circumstance: final sentence, judicial resolution (non-final writs, orders or sentences) in which there are indications that the crime under investigation is of violence against women or a report from the Prosecuting Authority to the same effect.
- In the case of foreigners residing in Spain, for a possible recognition of the benefit of orphanhood: certificate of registration in the Central Registry of Foreigners with Spanish Residence or Foreigners Identity Card.
IF APPLYING FOR BENEFIT IN FAVOUR OF FAMILY MEMBERS:
- Civil Registry records (or equivalent foreign document) proving the family relationship with the deceased and the civil status of the applicant.
- Certificate of registration on the electoral register from the Town Council proving cohabitation with the deceased for at least the 2 years prior to the death.
- Death certificate of the parents, if the benefit is applied for on behalf of grandchildren or siblings of the deceased.
- Income accreditation (IRPF declaration, payroll, or other suitable means) of the applicant, of the relatives living with them and of persons under obligation to provide food – ascendancy, descendants and their civil spouses/partners – as well as identity and relationship accreditation with the applicant (Civil Registry minutes).
FOR THE RECOGNITION OF A POSSIBLE SUPPLEMENT TO MINIMUMS
- In the case of foreigners residing in Spain: certificate of registration in the Central Registry of Foreigners or Foreigners Identity Card, for deaths after 01/01/2013.
- Family Record Book, Civil Registry records or official certificate proving the family relationship to the petitioner.
- Certificate of disability to a degree equal to or greater than 33% for children over 26 years of age.
- Court order or certificate of foster care issued by the Autonomous Community.
- Certificate of disability and recognised degree, to a degree equal to or greater than 65%, issued by IMSERSO or competent body or judicial order of the future holder.
TO PROVE OTHER CIRCUMSTANCES:
- Administrative report on the work-related injury or occupational disease and company certificate of the actual salaries.
- Verbatim record of the marriage issued by the Civil Registry a maximum of three months prior to the application, when the civil servant deems it necessary.
- Death certificate of the other spouse, if applying for absolute orphan status (for orphans of both father and mother).
- Proof of enrolment in an officially recognised study centre, in the case of orphans who are students of 24 years of age or more.
- Invoice of funeral expenses if the applicant is not a spouse, a partner in fact or a minor child, or another family member living with the deceased.
Certificate of the Civil Registry or Family Book, judicial decision of adoption or administrative or judicial decision of foster care which, as the case may be, attestation of the births, adoptions or the alleged host. In the case of international adoptions constituted by foreign authorities, it must be accredited that it has taken effect in Spain in accordance with the provisions of the Law on International Adoption.
Personnel of the armed forces and State Security Forces and Corps:
Where appropriate, resolution of the competent body of the Ministry of Defence or the Interior Ministry declaring that the death has occurred in an act of service accompanied, only in the case of the Ministry of Defence, by the technical background report on which the said resolution is based, and certification by the corresponding Directorate-General for Personnel of the monthly and annual amount of the extraordinary pension, which, on the date of death, corresponded to the application of the State Passive Classes Regime.