Amount / Payment

The amount is obtained by applying 20% to the base rate with the maximum limit established:

• When there are multiple beneficiaries, the sum of the amounts of the benefits for death and survival may not exceed 100% of the corresponding regulating base. This limitation is applied to the initial amount, but does not affect periodical revaluations which occur subsequently.

For the purposes of this limitation, orphan's pensions take preference over "pensions" in favour of other family members with the following order of preference:

1. Children and siblings of the originating contributor, under 18 years of age or of legal age with disabilities.
2. Father and mother of the originating contributor.
3. Grandparents of the originating contributor.
4. Children and siblings of the retirement pensioner or permanent disability pensioner, in contributive mode, over 45 years of age and who meet the other requirements established.

• The limitation of 100% of the regulating base does not stop the "temporary subsidy" being recognised in favour of family members, as it is not affected by the aforementioned limit.
• Increase in orphanhood pensions and in favour of other family members, in certain situations.

Special rules:

• If upon death of the originator there is no surviving spouse or children with entitlement to the orphanhood pension, or when the surviving spouse with entitlement to the widowhood pension dies while receiving the pension but without leaving orphans who are beneficiaries, the pension granted to the corresponding family members may be increased by the widowhood percentage (52%).

The increase will initially be attributed to grandchildren and siblings of the originating contributor and, in their absence, to the parents and children and siblings of pensioners with a permanent disability or contributory retirement with the right to a pension in favour of family members, being equally shared out among the beneficiaries.

• If death arises from a work-related injury or occupational disease and the beneficiaries are the parents who were responsible for the deceased, as long as there are no other family members of the originating contributor with a right to a pension and the parents themselves do not have a right to it, a special lump sum compensation amount will be granted to them:
  • Of 9 monthly payments of the regulating base, if it is one parent.
  • Of 12 monthly payments of the regulating base, if it is both parents.

• The pension will be paid monthly, with two extraordinary payments per year accompanying the monthly payments of June and November, except in the cases of work-related injuries and occupational diseases, in which case they are spread over the twelve ordinary monthly payments.

• The pension, including the amount of the minimum pension, is reassessed at the beginning of each year, in accordance with the provisions of article 58 of the General Social Security Law and the Royal Decree on the revaluation of pensions published annually.

• Theminimum monthly amounts are guaranteed for each beneficiary. If there is no widow/er or orphan pensioner, it is defined by:

  • A single beneficiary with 65 years of age.

  • A single beneficiary under 65 years

  • Several beneficiaries.

• The pension is subject to taxation under the terms established in the regulations for the Personal Income Tax (IRPF) and is subject, when appropriate, to the general system of tax withholdings, with the following exception: it is exempt if due to acts of terrorism or if it has been recognised as a consequence of permanent and total disability or severe disability.

• The pension will be paid in the cases of minors or disabled persons: 

  • To the person responsible for him/her or to whoever has guardianship of the child, if the orphan is under 18 years of age and provided that they meet the obligation to maintain and educate the orphan, if they are in a situation of need proven by the public body responsible.

    Under no circumstances will the pension be paid to anyone who has been convicted by final judgement of committing a deliberate murder in any of its forms or causing bodily harm where the victim of the crime was their spouse or ex-spouse, or was connected to them by a similar emotional relationship, even if they were not co-habiting, unless there has been reconciliation between the couple.  

  • If the orphan is over 18 years of age, it will be paid directly to him, unless he has been declared legally incapacitated, in which case it will be paid to whoever has guardianship.

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