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Special Schemes

Integration of the Special Agricultural Scheme into the General Scheme:

Employed agricultural workers included in the REA, as well as the employers to whom they provide their services, shall be included, effective as of 01/01/12, in the General Social Security Scheme, through the setting up of a special Scheme for said workers, with entitlement to Social Security benefits under the same terms and conditions as in the General Scheme, with the particular conditions provided for by law.

Integration of the Special Scheme for Domestic Employees into the General Scheme:

As of 01/01/2012, the Special Scheme for Domestic Employees shall be integrated within the Social Security General Scheme by means of the creation of a special system for said employees, who shall be entitled to Social Security benefits under the same terms and conditions that apply to the General Scheme, with the particular conditions determined by the applicable legislation (Law 27/2011, dated 1 August). 

General requirements stipulated

The general requirements to gain entitlement to benefits under the Special Schemes, in each case, are the following:

  • To be affiliated or in a situation equivalent to affiliation in the corresponding System. However, a worker may be entitled to a pension from a non-active status, if he or she meets the established requirements.
  • Fulfilling the minimum contributory period required, where applicable.
  • To be up-to-date with payments for which workers are directly liable, even though the benefit is awarded due to the reciprocal sum of contributions in a salaried employee system.
    • For these purposes, the payment demand mechanism provided for in |art. 28.2 of Decree 2530/1970, passed on 20 August, will be applicable for whatever Social Security system to which the applicant may belong at the time of applying for the benefit or in the system said benefit is applied for.
    • When, by deferring settlement of the payments owed, the applicant is considered up-to-date with payments for the purposes of awarding a benefit and he subsequently fails to meet the deferred payment schedule or conditions, he will no longer be considered up-to-date with payments, and the benefit he was receiving will immediately be suspended, and it will only be resumed once the debt with the Social Security has been settled in full. To this end, the benefit Management Entity may deduct the corresponding deferred debt payment from the monthly amounts accrued by the claimant.
    • For the purposes of acknowledging a pension entitlement, the contributions corresponding to the month of the causal event of the pension and to the two months prior to that, payment of which does not yet appear on the Social Security information systems, will be considered paid and the worker will not have to provide documentary evidence of this, provided he accredits the minimum contribution period required, without counting these three months therein.
    • In these cases, every year, the managing entity will review all the pensions acknowledged in the previous year that were presumed up-to-date with payments to verify the timely and effective payment of these contributions. In the event that said contributions were not paid, the pension will be immediately suspended and the monthly pension payments will be retained to settle the contribution payments until they are fully paid off, whereupon pension payment will commence once again.

Special Scheme for Self-Employed Workers

Death and survival benefits are recognised under the same terms as the General Scheme for Social Security, with the following special conditions:

Occupational contingencies (WRI and OD):

Self-employed workers can access the benefits arising from these contingencies, as long as they have voluntarily increased their coverage to include WRI and OD contingencies, or have compulsory cover for these contingencies and, in addition, either previously or simultaneously, have opted to accept coverage by the temporary disability benefit.

Concept of a WRI:

A WRI is considered an injury that has occurred as a direct and immediate consequence of work carried out as a self-employed worker and which determines its inclusion within the scope of application of this special scheme. They have the following consideration:

  • Those incurred in acts of rescue and of a similar nature, when they are related to the job.
  • Injuries suffered by the worker during working hours and in the place of work, when it is proved that they are connected to the work being carried out as a self-employed person.
  • Diseases, not considered occupational, contracted by the worker as a result of carrying out their work, as long as it is proved that the disease was caused exclusively by this.
  • Diseases or defects suffered by the worker beforehand, which are aggravated as a consequence of an injury caused by the accident.
  • The consequences of the accident that alter in nature, duration, seriousness or termination by intercurrent diseases which constitute complications arising from the pathological process determined by the accident itself or which are a result of diseases acquired in the new environment in which the patient has been situated.

The following are not considered to be WRIs:

  • Injuries suffered by workers while travelling to or returning from their place of work.
  • Injuries which are due to force majeure outside of the workplace.
  • Injuries which are the result of criminal intent or negligence on the part of the worker.

In the case of TRADEs, WRIs are considered to be all bodily injuries suffered by a TRADE as a result of their professional activity, injuries suffered while travelling to or returning from their place of work or injuries caused by or which are a consequence of carrying out said professional activity. Unless proven otherwise, it is assumed that an injury has no relationship to work when it does not occur while carrying out the relevant professional activity.

Concept of an OD:

This is a disease contracted as a consequence of work carried out as a self-employed worker, by virtue of which, the worker is included in the scope of application of this special scheme, caused by the action of the elements and substances, and in the activities included in the list of occupational diseases with the relationships to the main activities capable of producing them, appendix to RD 1299/2006 of 10 November.

Surcharge for lack of preventative measures against work risks:
No benefit increases apply due to the absence of risk prevention measures.

Base rate:

  • If the death is the result of a WRI or OD, it will be equivalent to the contribution base of the worker at the time of the causal event.
  • In the cases of exemption from making contributions, the base rates that correspond to the monthly payments for each tax year exempt from making contributions will be equivalent to increasing the average base rates for the previous calendar year by the known average variation percentage of the CPI in the last specified year, without the bases calculated in this way being able to be less than the minimum fixed annual base rates for these workers in the Spanish Finance Law.

Causal event of the benefit:

  • The date of death, if it was caused by occupational contingencies.
  • The last day of the month in which the originator died.
  • The date of death, for death benefit.
  • The last day of the month of birth, if the beneficiary of the orphanhood pension is born after the death of the worker.
  • The application date, in cases where the pension is requested by a person of non-contributory status or similar.

Economic effects:

  • If the death is caused by occupational contingencies:
    • The day after the death, if the application is submitted within 3 months of this day.
    • For all other cases, there is a retroactive limit of 3 months from the application date.
  • In all other cases: the first day of the month following the causal event, if the application is presented within 3 months of this date.

More information on this Scheme:

Special Scheme for Coal Mining.

Death and survival benefits are granted under the same terms and conditions as in the General Scheme of the Social Security, with the following special conditions:

  • Benefits originating from pensioners who receive permanent disability benefits, whose amounts have changed due to retirement (to the corresponding new amount), will be determined in accordance with the base rate that was used to calculate the amount of the new pension, and the amounts of the death and survival benefits calculated in this way will increase with the improvements or revaluations that have taken place from the date of the causal event of the new amount, or from the date of the causal event responsible for the pension being waived.
  • Receiving a retirement pension or being an originator will not be an obstacle in determining whether death occurred due to a work-related injury or occupational disease, in accordance with the regulatory legislation on this issue. If this is determined, the worker will only be entitled to death and survival benefits that correspond to such contingencies.
  • More information on this Scheme:

Special Scheme for Seafarers.

The benefits are granted under the same terms and conditions as in the General Scheme of the Social Security.

More information on this Scheme:

Processing : Provincial Directorates and Local Offices of the ISM.

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