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Minimum Vital Income

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Languages available: Castellano

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Languages available: Castellano

The Minimum Living Allowance is a benefit aimed at preventing the risk of poverty and social exclusion of people living alone or who are part of a cohabitation unit and lacking the basic economic resources to meet their basic needs.

It is defined as a subjective right to an economic benefit, which is part of the protective action of the Social Security, and guarantees a minimum level of income for people in a situation of economic vulnerability.  It seeks to ensure a real improvement in opportunities for social and employment inclusion for the recipients.

It operates as a protection network aimed at allowing transit from a situation of exclusion to participation in society. It design will contain incentives for employment and inclusion, based on different forms of cooperation between administrations.


Accreditation of requirements

  1. Identity, both of the applicants and of those forming the cohabitation unit, shall be accredited by means of the national identity document (DNI) in the case of Spaniards and by means of the national identity document of their country of origin or provenance, or foreigner identification card, or passport, in the case of foreign citizens who, in addition, must provide their foreign resident identification number (NIE) if this does not appear on the documents presented to accredit identity or legal residence in Spain.

    A DNI is required of all Spaniards who are members of the cohabitation unit, regardless of their age. However, children under 14 years of age who are members of a cohabitation unit are exempt from paying fees for the issuance and renewal of their DNI.
  2. Legal residence in Spain shall be accredited by registration in the central registry of foreign nationals, in the case of nationals of the Member States of the European Union, European Economic Area or Swiss Confederation, or with a card of a family member of a Union citizen or a residence permit, in any form, in the case of foreign nationals of other nationalities. 

    Victims of human trafficking and sexual exploitation, as well as their children, may prove legal residence in Spain with the provisional residence permit issued by the Secretary of State for Security of the Ministry of the Interior in collaboration with the police or judicial authorities, or issued by the Secretary of State for Migration in accordance with the personal situation of the victim. 

    Women victims of gender-based violence and their children may prove legal residence in Spain with the provisional residence permit issued by the authority competent to grant the residence permit for exceptional circumstances, pending a decision on the authorisation.                                   
  3. Addresses in Spain will be accredited with city registration certificates.
  4. The existence of the cohabitation unit shall be accredited by means of the family book, civil registry certificate, and information in the Municipal Registers related to those registered at the same dwelling. 

    In the case of a mismatch with information provided in the benefit application, the following shall be requested: the corresponding historical and collective city registration certificate for the period required in each case, referring to the addresses where cohabitation unit members reside or have resided, issued by the Local Authority.
  5. The existence of a domestic partnership shall be accredited using a registration certificate from any of the specific registries in the Autonomous Communities or local authorities in the place of residence, or a public record stating the existence of said partnership. Both the aforementioned registration and the signing of the relevant public record must have taken place at least two years prior to the date of the benefit application.   

  6. The commencement of separation or divorce proceedings, or the existence thereof, shall be evidenced by the filing of the petition or the corresponding judicial decision, or by a public record.
  7. Not being united to another person by marriage or domestic partnership shall be accredited by a sworn statement or solemn statement from the individual himself, which shall be included in the benefit application. Said sworn statement or solemn statement shall not prevent the managing body from requiring additional accreditation in case of reasonable doubt.
  8. The accreditation of having lived independently from parents, guardians or carers shall be carried out with the information provided by the National Statistics Institute or, where applicable, the historical and collective city registration certificate in which all the persons registered in the applicant's home during the stated period are recorded.
  9. A person is considered to be homeless if they do not have a roof over their head and habitually reside in the municipality, and this shall be accredited by registration at a fictitious address in application of the corresponding technical instructions to the Local Authorities on the management of the Municipal Register.
  10. The status of women victims of gender-based violence shall be accredited by any of the means established in Article 23 of Organic Law 1/2004 of 28 December on Comprehensive Protection Measures against Gender-Based Violence.
  11. The status of victims of human trafficking and sexual exploitation shall be accredited with a report issued by the public services responsible for the comprehensive care of these victims or by Social Services. This may also be accredited by means of a report issued by specialised social entities duly recognised by the Public Administrations competent in the matter.
  12. The status of persons between 18 and 22 years of age who come from residential centres for the protection of minors shall be accredited by means of a certificate issued by the entity that has been in charge of fostering or guardianship in the corresponding Autonomous Community.
  13. The status of persons with a disability equal to or greater than 65 per cent shall be accredited with a certificate from the competent body of the Autonomous Communities or IMSERSO (Institute of Social Services and the Elderly) in Ceuta and Melilla.
  14. Income and asset requirements for access to and maintenance of the minimum vital income financial benefit shall be determined by the managing body in accordance with the information obtained by electronic means from the State Tax Administration Agency (AEAT) and the Regional Tax Authorities of Navarre and the historical territories of the Basque Country.
  15. The applicant will not be required to provide evidence of facts, data or circumstances that the Social Security Administration should know for itself, such as the beneficiary’s situation in relation to the Social Security system; or the receipt by members of the cohabitation unit of another economic benefit that is recorded in the register of public social benefits.
  16. A certificate issued by the competent Social Services or by social action third sector bodies entered in the register of IMV (minimum vital income) social mediators shall be required, where necessary to accredit the following requirements:                                                                                                                      

    a) The effective residence in Spain of persons who, at the date of application, are registered at a dummy address in application of the corresponding technical instructions to local councils on managing the municipal register.

    b) The temporary nature of the residential, social, health or social-health care service of which the applicant for the minimum vital income benefit is a user.

    c) The actual address of the person claiming not to live at the address shown in the register.

    d) The non-existence of family ties when, in addition to applicants for the minimum vital income who are united by such ties, there are other persons registered in the same household with whom it is claimed that they are not related by blood or affinity, nor being a domestic partner.

    e) The non-existence of family ties between all or part of the cohabitants when one of them applies for the minimum vital income.

    f) Compliance with the requirements relating to proof of having lived independently in Spain and proof of being part of a cohabitation unit for at least the year prior to submitting the application.

  17. In any case, a certificate issued by the competent  Social Services or social action third sector bodies entered in the register of IMV social mediators shall be required to accredit the risk of social exclusion in the case of non-related cohabitants.


Amounts

Obligations of beneficiaries

Beneficiaries of the minimum vital income shall be subject to the following obligations while receiving the benefit:

  1. Provide accurate documentation and information for the accreditation of requirements and the maintenance of the benefit, as well as to ensure the receipt of notifications and communications.
  2. Communicate any change or situation that could lead to the modification, suspension or termination of the benefit, within 30 calendar days from the date of its occurrence.
  3. Communicate any change of address or change of situation in the municipal register that personally affects the aforementioned holders or any other member of the cohabitation unit, within 30 calendar days of the change occurring.
  4. Reimburse the amount of benefits unduly received.
  5. Notify the managing body in advance of any trips abroad by both the beneficiary and the members of the cohabitation unit for a period, whether continuous or not, of more than 90 calendar days each calendar year, as well as, where applicable, justify absence from Spanish territory due to illness.
  6. File a Personal Income Tax return each year.
  7. Where the minimum vital income is compatible with income from work or economic activity, fulfil the conditions established for access to and maintenance of that compatibility.
  8. Participate in the inclusion strategies promoted by the Ministry of Inclusion, Social Security and Migration.
  9. Any other obligation that may be established by regulations.

Cohabitation unit members shall be obliged to:

  1. Report the death of the beneficiary.
  2. Notify the administration of any fact that distorts the purpose of the benefit granted.
  3. File a Personal Income Tax return each year.
  4. Fulfil the obligations of the beneficiary established in the previous section when the former, for any reason, does not fulfil them.
  5. Where the minimum vital income is compatible with income from work or economic activity, fulfil the conditions established for access to and maintenance of that compatibility.
  6. Participate in the inclusion strategies promoted by the Ministry of Inclusion, Social Security and Migration.
  7. Fulfil any other obligation that may be established by regulations.

Return of benefits that were unduly collected

The National Social Security Institute may review ex officio, to the detriment of the beneficiaries, actions relating to the minimum vital income benefit, provided that this review is carried out within the maximum period of four years following the unchallenged administrative decision. In this case, it may also declare and demand ex officio the return of benefits that were unduly collected.

The managing entity may at any time correct material or factual errors and arithmetic errors, as well as reviews motivated by finding omissions or inaccuracies in the beneficiary's declarations, and also claim any amounts that were unduly collected for this reason.

In cases other than those indicated in the above paragraphs, reviews to the detriment of the beneficiaries shall be carried out in accordance with Act 36/2011, of 10 October, regulating Social Jurisdiction.

When a resolution is issued to terminate or change the amount of the benefit as a result of a change in the circumstances that determined its calculation and when there is no right to the benefit, or the amount to be received is lower than the amount paid, beneficiaries shall be obliged to return the amounts unduly collected according to the procedure established in Royal Decree 148/1996, of 5 February, regulating the special procedure for the reimbursement of unduly collected social security benefits, and in Royal Decree 1415/2004, of 11 June, approving the General Social Security Collection Regulation.

Beneficiaries and all persons who participate in fraudulently obtaining a benefit by facts, omissions, legal business or actions shall be jointly and severally liable for returning unduly collected benefits. Individuals jointly and severally liable may be required to pay the principal, surcharges and interest which must be demanded of the first person liable, and for all costs generated by collecting the debt.

In the above cases, if the debt is not paid within the voluntary payment period, the relevant surcharges shall be applied and late payment penalties shall accrue, notwithstanding that the latter are only enforceable during the executive collection period. In the cases determined by regulation, the manging body may agree to offset the debt with the monthly minimum vital income up to a certain maximum percentage of each monthly payment.

Duration

The right to the benefit begins on the first day of the month following the application submission date. This right shall remain in force while the reasons for granting the benefit remain and the requirements and obligations provided for in the Act are met.

Suspension of rights

The right to the benefit shall be suspended for the following reasons:

  1. Temporary loss of any of the requirements for recognition.
  2. Temporary breach by the beneficiary, holder or any member of their cohabitation unit of the obligations assumed by accessing the benefit.
  3. As a precautionary measure, in the event of evidence of a breach by the beneficiary, holder or any member of their cohabitation unit of the requirements established or obligations assumed by accessing the benefit, as decided by the managing body.
  4. In any case, the benefit shall be provisionally suspended in the event of transfer abroad for a period over 90 calendar days, whether continuous or not, without having notified the managing body in advance and without due justification.
  5. As a precautionary measure, in the event that no communication has been received within the stipulated period regarding the maintenance or variation of the certificates issued by Social Services or social action third sector bodies entered in the register of IMV (minimum vital income) social mediators, in the cases expressly foreseen.
  6. Failure to meet the terms related to compatibility of the minimum vital income with income from work or self-employed economic activity.
  7. Any other cause that is determined by regulations.

In the event of non-compliance with the obligation to file personal income tax returns, in accordance with the conditions and deadlines set out in the applicable tax regulations, suspension shall occur when persons with the status of taxpayer have failed to comply with this obligation for two consecutive tax years.

Suspension of the right to the minimum vital income shall entail the suspension of benefit payment as of the first day of the month following the causes for suspension, or the month in which the competent managing body has knowledge of the causes, and notwithstanding the obligation to return amounts unduly collected. Suspension shall be maintained for as long as the circumstances leading to suspension persist.

If the suspension is maintained for one year, the right to the benefit shall be terminated.

If the causes leading to suspension of the right disappear, the right shall be resumed ex officio or at the request of a party provided the requirements that led to recognition are maintained. In this case, the benefit shall accrue from the first day of the month following the date on which the causes leading to suspension ended.

If the causes for suspension are maintained, the right shall be amended or terminated, as appropriate.

Termination of rights

The right to the minimum vital income benefit shall be terminated for the following reasons:

  1. Death of the beneficiary. However, in the case of cohabitation units, any other eligible member may submit a new application. If the application is submitted within three months of the day following the date of death, the economic effects of the right the cohabitation unit may be entitled to under its new circumstances shall take effect from the first day of the month following the date of death, provided that the application is submitted within the period indicated.
  2. Definitive loss of any of the requirements to maintain the benefit.
  3. Decision in a penalty proceeding establishing termination.
  4. Departure from the national territory without notification or justification to the managing body during a period, whether continuous or not, of over 90 calendar days per year.
  5. Waiver of the right.
  6. Suspension of the benefit for a period of more than one year.
  7. Repeated failure to meet the terms related to compatibility of the minimum vital income with income from work or self-employed economic activity.
  8. Any other cause that is determined by regulations.

Termination of the right to a benefit shall be effective from the first day of the month following the causes for termination.

FAQ

In Frequently Asked Questions there are a series of questions published about the minimum living allowance that can clarify the most common doubts about this new benefit. They will be updated to include those that arise.

Change of Bank account

Notification of the change of bank account can be made by the financial institution on behalf of the holder of the Minimum Living Income. Further information.


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