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Management / Applications

Management and recognition of the right

Management:

  • The management and recognition of the right to family benefits is the responsibility of the INSS.

  • Determining and, if appropriate, revising the degree of disability, as well as the need for assistance of a third party to carry out essential activities of daily living and the difficulties in using shared public transport, is attributed to the competent authority in the respective Autonomous Community and to the Assessment and Orientation Teams (EVOs) of the Provincial Directorates of the IMSERSO in Ceuta and Melilla, in whose territory the interested parties usually reside.

Benefit application:

  • The process will begin following the submission to the INSS of the relevant application, providing the documents required to certify the circumstances that give rise to the entitlement. It can be initiated by submitting the degree of disability acknowledgement application to the competent body, although the process will be suspended for as long as is necessary in order to include the relapse decision in the file for the degree of disability declaration and classification.

  • Processing will be in accordance with the provisions of Law 39/2015, of 1 October, on the Common Administrative Procedure for Public Administrations (BOE of 2 October).

  • In no case must the applicant accredit facts, data or circumstances that the Social Security Office should be aware of itself.

Resolution and notification:

The INSS Provincial Director will make an express legal ruling and communicate it to the interested party in a period of 45 days.

Expiry:

The entitlement to the benefit expires 5 years from the date after the day on which the triggering event occurred. 

Documents which must accompany the application

PRESENTATION OF THE FOLLOWING ORIGINAL, VALID DOCUMENTS:

1. Spanish Citizens:

DNI of the applicant, other adoptive parent, or permanent or pre-adoptive foster parent, as well as those of the children or minors aged 14 or over for whom the benefit is being requested.

2. Foreign Citizens:

Citizens of the EU, EEA or Switzerland:

EU Citizen Registration Certificate or Permanent Residence Certificate, together with valid passport or identity document (Articles 7.1 and 10.1 RD 240/2007, of 16 February).

Family members of a citizen of the EU, EEA or Switzerland who are not nationals of one of the aforementioned countries:

  • EU Family Member Residence Card or proof of submission of the card application (Articles 8 and 10.3 of RD 240/2007, of 16 February).
Persons who are not citizens of the EU, EEA or Switzerland who are residing in Spain:
  • Foreigner identification card (TIE) for applicants, other parents and originators or temporary or permanent residence authorisation, where appropriate.
  • Application for the residence card or authorisation request, for children born in Spain that are not citizens of the EU, EEA or Switzerland.
  • Foreigner identification number (NIE) in all cases.  
Residents abroad:
  • Foreigner identification number  (NIE) if they have one.

SUBMISSION OF THE FOLLOWING ORIGINAL, VALID DOCUMENTS AND AUTHENTICATED COPIES OR COPIES FOR AUTHENTICATION:
 

3. Council registration certificate for recipients and originators (only for those cases mentioned in  RD 523/2006 of 28 April).

4. Libro de familia (booklet containing family details) or the children's birth certificates issued by the appropriate registry office.

Only if one of the following circumstances applies:

5. For cases of legal separation or divorce:

  • The legal ruling that proves this situation or a document establishing the guardianship and custody of the children and

  • a statement declaring whether they have received family benefit for dependent children from their spouse after the date of separation or divorce, if there has been a change of beneficiary. 

6. For cases of the separation of an unmarried couple or if the separation or divorce is in process:

  • A copy processed by the court of the separation or divorce action or
  • A copy of the police report on abandonment of the family home or
  • A regulatory agreement sealed and issued by the Court or
  • Proof of the court approval of the provisional measures in which the guardianship and custody is agreed.

7. For common-law couples that are not cohabiting:

  • A legal document granting guardianship and custody of common children to one of the parents, or both parents in a joint arrangement.

8. In the case of guardianship, custody, conservatorship or fostering of minors or disabled adults:

  • The legal ruling resulting in the formalisation of the guardianship/conservatorship or
  • Document issued by the Public Institution that is responsible for the protection minors or disabled persons, which authorises the fostering of the minor or disabled person or
  • An edict ordering the guardianship and custody.

9. For cases of disabled children or children whose disability is in the process of being recognised: 

  • A "disability certificate", issued by the competent authority in the Autonomous Community or by   IMSERSO  or proof of having applied for it.

10. For cases in which:

  • The applicants have children that live in another Member State of the EU, EEA or Switzerland:form E-401 "Family Composition Certificate for Granting Family Benefits", filled in by the competent body in the country of residence of the children.
  • There is an agreement with a country: a family composition certificate issued by the competent body in the country of residence of the children.
  • For cases of Moroccan applicants whose children live in Morocco, a certificate from the Moroccan National Social Security Bank stating whether the spouse receives family benefits for the children listed in the application, as well as the spouse's job and that of any children over 16 years of age, indicating, if applicable, their income. (form E/M-14).

11. For a large family, "large family status".

This documentation can be submitted at any of the Social Security Support and Information Centres.

Documents which must accompany the application ('legal entities')

PRESENTATION OF THE FOLLOWING ORIGINAL, VALID DOCUMENTS:

1. Spanish citizens (legal representatives, foster family members, minors aged at least 14 years old and disabled adults):

  • DNI.

2. Foreign Citizens:

2.1 Citizens of the EU, EEA or Switzerland:

  • EU Citizen Registration Certificate or Permanent Residence Certificate, together with a valid passport or identity document (Articles 7.1 and 10.1 RD 240/2007 of 16 February).

    2.2. Family members of a citizen of the EU, EEA or Switzerland who are not nationals of one of these States:

    • EU Family Member Residence Card or proof of submission of the card application (Articles 8 and 10.3 RD 240/2007 of 16 February).

    2.3. Persons who are not citizens of the EU, EEA or Switzerland who are residing in Spain:

    • Foreigner identification card (TIE) for applicants, other parents and originators or temporary or permanent residence authorisation, where appropriate.
    • Application for residence card or authorisation, for children born in Spain whose parents are not citizens of the  EU, EEAor Switzerland.
    • Foreigner identification number (NIE) in all cases.  

    PRESENTATION OF THE FOLLOWING ORIGINAL, VALID DOCUMENTS AND CERTIFIED TRUE COPIES OR COPIES FOR CERTIFICATION

    3. Tax Identification Number (NIF), of the requesting organisation.

    4. Power of attorney or appointment granting legal representation.

    5. One of these documents:

    • Supporting document from the public entity entrusted with the protection of minors.
    • Empowerment for minors in foster care.
    • Legal designation of position held.

    6. Registration certificate of the originator (only in the cases provided for in  RD 178/2003 of 14 February and RD 523/2006 of 28 April).

    7. Family record book or birth entry for minors and disabled adults, or a similar certificate from the Civil Registry, if the foregoing documentation does not state the date of birth.

    8. If applicable, disability certificate, issued by IMSERSO or Autonomous Community.

    This documentation can be submitted at any of the Social Security Support and Information Centres.

    Documents that must accompany the application (Absolute Orphans - Non-Emancipated Minors - Children Residing Outside of Spain with a Person other than the Parents or Adoptive Parents)

    PRESENTATION OF THE FOLLOWING ORIGINAL, VALID DOCUMENTS:

    1. Spanish Citizens:

    DNI of the applicant, other adoptive parent, or permanent or pre-adoptive foster parent, as well as those of the children or minors aged 14 or over for whom the benefit is being requested.

    2. Foreign Citizens:

    Citizens of the EU, EEA or Switzerland:

    • EU Citizen Registration Certificate or Permanent Residence Certificate, together with valid passport or identity document (Articles 7.1 and 10.1 RD 240/2007, of 16 February).

    Family members of a citizen of the   EU, EEA or Switzerland who are not nationals of one of the aforementioned countries:

    • EU Family Member Residence Card or proof of submission of the card application (Articles 8 and 10.3 of RD 240/2007 of 16 February).

    Persons who are not citizens of the EU, EEA or Switzerland who are residing in Spain:

    • Foreigner identification card (TIE) for applicants, other parents and originators or temporary or permanent residence authorisation, where appropriate.
    • Application for residence card or authorisation, for children born in Spain whose parents are not citizens of the  EU, EEA or Switzerland.
    • Foreigner identification number (NIE) in all cases. 

    Residents abroad:

    • Foreigner identification number  (NIE) if they have one.
    SUBMISSION OF THE FOLLOWING ORIGINAL, VALID DOCUMENTS AND AUTHENTICATED COPIES OR COPIES FOR AUTHENTICATION:

    3. Council registration certificate for recipients and originators (only for those cases mentioned in  RD 523/2006 of 28 April).

    4. Libro de familia (booklet containing family details) or the children's birth certificates issued by the appropriate registry office.

    5. Proof of income. Where appropriate, the documentation proving the level of income specified in the application must be submitted.

    Only if one of the following circumstances applies:

    6. For cases of legal separation or divorce:

    • The legal ruling that proves this situation or a document establishing the guardianship and custody of the children and
    • a statement declaring whether they have received family benefit for dependent children from their spouse after the date of separation or divorce, if there has been a change of beneficiary. 

    7. For cases of the separation of an unmarried couple or if the separation or divorce is in process:

    • A copy processed by the court of petition for separation or divorce or,
    • A copy of the police report on abandonment of the family home or,
    • A regulatory agreement stamped and issued by the Court or,
    • Proof of the court approval of the provisional measures in which the guardianship and custody is agreed.

    8. For common-law couples that are not cohabiting:

    • A legal document granting guardianship and custody of common children to one of the parents, or both parents in a joint arrangement.

    9. In the case of guardianship, custody, conservatorship or fostering of minors or disabled adults:

    • The legal ruling resulting in the formalisation of the guardianship/conservatorship or
    • Document issued by the Public Institution that is responsible for the protection minors or disabled persons, which authorises the fostering of the minor or disabled person or
    • An edict ordering the guardianship and custody.

    10. For cases of disabled children or children whose disability is in the process of being recognised: 

    • Disability certificate issued by the competent authority in the Autonomous Community or by IMSERSO or proof of having applied for it.

    11. For cases in which:

    • The applicants have children that live in another Member State of the  EU, EEA or Switzerland, form E-401 "Family Composition Certificate for Granting Family Benefits", filled in by the competent body in the country of residence of the children.
    • There is an agreement with a country: a family composition certificate issued by the competent body in the country of residence of the children.
    • For cases of Moroccan applicants whose children live in Morocco, a certificate from the Moroccan National Social Security Bank stating whether the spouse receives family benefits for the children listed in the application, as well as the spouse's job and that of any children over 16 years of age, indicating, if applicable, their income. (form E/M-14).

    12. For a large family, "large family status".

    13. For cases of complete orphans, a death certificate, if they do not receive an orphan's pension.

    14. For cases of unemancipated minors, a document that proves the relationship of the applicant to the unemancipated minor.

    This documentation can be submitted at any of the Social Security Support and Information Centres.

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