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Complementing the reduction of the gender gap

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Languages available: Castellano

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Languages available: Castellano

The contributory pension supplement for the reduction of the gender gap, replaces the maternity supplement for demographic contribution with a supplement aimed at reducing the gender gap, which initially seeks to repair the harm that women have suffered throughout their career for assuming a major role in the task of caring for children, which is projected in the area of pensions. Hence, the requirements for the recognition of the allowance for men and women were different.

However, the judgment of the Court of Justice of the European Union (CJEU) of 15 May 2025, joined cases C-623 [Melbán] and C-626/23 [Sergamo], has declared that Article 60 of the consolidated text of the General Social Security Law, approved by Royal Legislative Decree 8/2015 of 30 October, must be applied to men in the same terms as for women. Consequently, the additional requirements set out in paragraph 1(a) and (b) of that Article are no longer applicable to men.

Men and women who have had one or more children and who are in receipt of a contributory retirement pension (except for partial retirement), permanent disability pension or widow's pension from 4 February 2021.
When accessing full retirement from partial retirement, the supplement shall be recognised, if the requirements are met.

Entitlement to the allowance for each child shall be granted and maintained to the parent who applies for it unless the other parent applies for and is granted the supplement.

If the other parent also applies for the supplement or if it has already been granted, it shall be granted to the parent who has the smaller public pension and, if the amount of the pensions of both parents is the same, the supplement shall be granted to the parent who first applied for the pension entitled to the supplement.

To determine which of the parents' pensions or the sum of the parents' pensions is lower, these pensions shall be calculated on the basis of their initial amount, after revaluation, without taking into account any supplements that may be applicable.

A parent who has been deprived of parental authority by a judgment based on a breach of parental authority or a judgment in a criminal or matrimonial case shall not be entitled to an supplement.

Nor shall a father who has been convicted of violence against women, or a parent who has been convicted of violence against children, be entitled to the supplement.

The amount of the supplement shall be set in the corresponding law on the general State budget for each year. In 2025, the amount is €35.90 per month for each child, subject to a limit of four times this amount.
The amount of the supplement is not taken into account in the application of the maximum limit for contributory pensions or for determining the supplement for pensions below the minimum.

From  the date on which the contributory Social Security pension that determines entitlement to the supplement takes effect.
The recognition of the supplement for the second parent, which will entail the extinction of the supplement recognised for the first parent, will take effect on the first day of the month following that of the decision, if it is issued within the six months following the application or, where applicable, the recognition of the pension that gives rise to it; after this period, the effects will be from the first day of the seventh month.

Special rules for the recognition of the right to the supplement for men in application of the CJEU of 15 May 2025, for pensions accrued before that date.

In cases where the event giving rise to the male parent's pension occurred before 15 May 2025, the recognition of the supplement – by virtue of the ruling of the Court of Justice of the European Union – will backdate its economic effects to the date of economic effects of the pension to which it supplements. In other cases where the event giving rise to the pension occurred after 15 May 2025, the general backdating of three months shall apply.

In cases where the male parent was the first to become a pensioner and the supplement was not recognised at that time, and the female parent was recognised prior to 15 May 2025, the male parent will only be entitled to the supplement for the period between the date of the event giving rise to his pension and the first day of the month following that in which the supplement was recognised for the female parent.

The supplement is paid monthly together with the pension that determines entitlement, with two extra payments that accrue with the monthly payments in June and November.

Receipt of the supplement is incompatible with receipt of this supplement by the other parent for the same children. Each son or daughter is entitled to only one supplement.

Any supplements that may be recognised in any of the social security schemes shall be incompatible with each other, and shall be paid in the scheme in which the pensioner has been registered for the longest period of time.

In cases where the contributory pension which determines entitlement to the supplement is caused, in application of international regulations, by aggregation of periods of insurance in other countries on a pro rata temporis basis, the supplement shall be paid in the proportional part according to the pro rata to the pension to which it is attached.

The supplement is terminated for the same reasons as the pension it accompanies (death, etc.), or if the other parent applies for it and meets the requirements.

Application for Jubilación, Permanent Disability, or Widow/Widower's pensions.

From the prestaciones.seg-social.es portal, with or without electronic identification.

At the Social Security assistance and information centres, with an appointment. 901166565/ 915421176, or from the following link.

For sea workers at the offices of the Social Marine Institute.

Management and recognition of the right to the supplement is the responsibility of the National Social Security Institute, except for workers under the field of application of the Special Seafarers Scheme, in which case it is the responsibility of the Social Marine Institute.

People who, on 4-2-2021, were receiving the demographic contribution maternity supplement will continue to receive it.

The receipt of the maternity supplement will be incompatible with the supplement for the reduction of the gender gap that may correspond to the recognition of a new public pension, and the persons concerned may choose between one or the other.

If the other parent of one of the children who was entitled to the maternity supplement applies for the contributory pension supplement and is entitled to receive it, the monthly amount recognised shall be deducted from the maternity supplement, with financial effects from the first day of the month following that of the decision, provided that the decision is issued within six months of the application or, where applicable, of the recognition of the pension that gave rise to it; after this period, the effects shall take effect from the first day of the seventh month following that of the decision.


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