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.