Compatibilities / Incompatibilities

The orphan's pension is compatible with any earned income of the person who is or was the spouse or common-law partner of the originator, as well as, where applicable, with the widow's or widower's pension received.

The orphan's pension is compatible with the orphan's employment or self-employment, whatever income they receive from it, if the orphan is under 21 years of age or has a reduced working capacity of a percentage assessed as absolute permanent disability or severe disability. Otherwise, it will only be compatible when the income obtained is lower in annual computation than the amount in force for the SMI, also in annual computation (including special payments) until any of the causes established for its termination occur.

In application of the above it should be noted that:

• In cases where, prior to reaching the age of 21, the pension was being received and the beneficiary was employed or self-employed, when the income exceeds 100% of the minimum wage, the pension will be suspended with effect from the date of reaching that age.
• Once the right to the orphan's pension has been recognised or, if applicable, its entitlement has been extended, it will be suspended when the beneficiary orphan aged 21 or over, who is not disabled, is employed or self-employed, by virtue of which they obtain an income (taking into account the remuneration and Social Security benefits – unemployment, temporary disability, risk during pregnancy, birth and care of a child or risk during pregnancy or natural breastfeeding – that, on an annual calculation, greater than 100% of the SMI that is set at any given time, also on an annual calculation, producing the following effects: As a general rule, suspension shall take effect from the day following the day on which the cause for suspension occurs.

Receiving this pension is compatible with having a post in the public sector under the same conditions and requirements as the private sector.

The right to the orphan's pension and the increase foreseen for cases of absolute orphanhood may be maintained in cases of adoption of the children of the deceased originator as a result of violence against women, when the income of the cohabitation unit of which they form part, divided by the number of members making up the unit, including the adopted orphans, does not exceed in annual calculation 75% of the minimum wage in force at any given time, excluding the proportional part of the extra payments. If this limit is exceeded, entitlement to the pension and the aforementioned increase will be suspended.

Likewise, when the death due to violence against women of the woman who is the originator of the pension has been caused by an aggressor other than the father of her children, the right to the orphan's pension shall be recognised, with the corresponding increase, when the income of the cohabitation unit of which they form part does not exceed the same percentage established in the previous paragraph. Otherwise, the entitlement shall be suspended.

In the above cases, the suspension shall take effect from the day following the day on which the cause for suspension arises.

In general, pensions from the same scheme are incompatible with each other if they go to the same beneficiary, unless there are laws or regulations stating otherwise. In the event of incompatibilities, a person who is entitled to two or more pensions shall choose one of them.

With permanent disability/retirement pension:

• If orphans, who are entitled to the orphan's pension and have a limited capacity to work with a degree of disability percentage that is classed as absolute permanent disability or serious disability, receive another Social Security pension by virtue of the same disability they must choose just one of the two pensions.

• If the orphan has been declared unable to work prior to turning 18 years of age, the orphan's pension that they were previously receiving shall be compatible with the permanent disability pension that they may be entitled to, after turning 18, as a result of different injuries to those which gave rise to the orphan's pension or, where appropriate, the retirement pension that they may be entitled to as a result of being a self-employed worker or employee.

With the widowhood pension:

The orphan's pension received by a disabled orphan who has entered into marriage will be incompatible with the widowhood pension to which they may have a right to in the future. In this case, they must choose between the two pensions.

With the orphan´s pension:

• Orphan´s pension originated by each of the parents are compatible, even if they are from the same scheme, although only one of them may be increased by the widowhood percentage.
  
• If the originator does not have active contributor or assimilated contributor status on the date of the death, it will be incompatible with the granting of the other orphan´s pension in any of the Social Security schemes, unless the contributions paid in each of the schemes overlap for at least 15 years.