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Violence against women

Gender-based violence and any other form of violence against women is combated in a comprehensive manner by the public authorities.

In Social Security we have measures available to alleviate the effects suffered in these situations of violence, both by the women themselves and by their children.

In this section we have brought together the measures that Social Security has in place in cases of violence against women.

Considered as effective contribution periods

In the event that the employment contract has to be suspended by decision of the worker who is forced to leave her job as a result of being a victim of gender-based violence, this period of suspension shall be considered as an effective contribution period.

This means that this period will be taken into account for social security benefits for: retirement, permanent disability, death and survival, childbirth and child care, unemployment and care of children affected by cancer or other serious illnesses.

The victim will also be considered to be in a situation assimilated to inscription, i.e. even if he/she is not registered with a company, he/she will be considered to be.

Minimum Vital Income Benefit

Improves the situation of victims of gender-based violence and other forms of violence against women through the following measures:

  1. In relation to the subjective scope:

    • Beneficiaries:

      In order to be eligible for the benefit, and as long as they are not part of a cohabitation unit, women who are victims of gender violence or human trafficking and sexual exploitation will not be required to meet the age requirement or to have initiated separation or divorce proceedings when they are united to another person by marriage or as a domestic partner.

      Women who are victims of gender-based violence or human trafficking or sexual exploitation, even if they are users of a permanent residential service benefit, may be beneficiaries of the minimum vital income benefit.

      A beneficiary who is not part of a cohabitation unit or, where applicable, a beneficiary who is part of an independent cohabitation unit, even if she lives in the same home with others who are linked to her by marriage, as a domestic partner or by a link up to the second degree of consanguinity, affinity, adoption, and other persons with whom she lives by virtue of foster guardianship for adoption or permanent foster care, shall be considered a woman victim of gender violence, who has left her usual family home accompanied or not by her children or minors under guardianship for the purpose of adoption or permanent foster care.


    • Holders:

      Women who are victims of gender violence or victims of trafficking in human beings and sexual exploitation are not required to meet the age requirement in order to be entitled to the benefit, when they are not part of a cohabitation unit. In these cases, the only requirement is that the holder must be of legal age or an emancipated minor.


  2. In relation to access requirements:

    • For women victims of gender violence and victims of human trafficking and sexual exploitation, the accreditation of compliance with the general requirement of having had continuous and uninterrupted legal and effective residence in Spain for at least the year immediately prior to the presentation date of the application is eliminated.

    • In the case of individual beneficiaries of the minimum living income benefit who are not part of a cohabitation unit, the requirement to prove that they have lived independently in Spain for at least the two years immediately prior to the date of the application (for those under 30 years of age) or in a home other than that of their parents, guardians or foster carers during the year immediately prior to the application (for those over 30 years of age) in the case of victims of gender violence who have left their habitual residence or who are victims of trafficking in human beings and sexual exploitation is eliminated.

    • When the beneficiaries are part of a cohabitation unit, it shall not be required that this unit be continuously constituted for at least six months prior to the submission of the application, in the case of women who are victims of gender violence or victims of human trafficking and sexual exploitation.


  3. In relation to the accreditation of requirements:

    • Women victims of gender-based violence and their children may prove legal residence in Spain with the provisional residence permit issued by the competent authority to grant the residence permit for exceptional circumstances, pending a decision on the authorisation.

    • 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.

    • 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.

    • 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, as well as by any other means of accreditation determined by regulation.

  • In relation to the amount:

    • For the purposes of receiving the single-parent supplement, a unit of single-parent cohabitation is considered to be formed exclusively by a woman who has suffered gender-based violence, in accordance with Organic Law 1/2004, of December 28, on comprehensive protection measures. against gender violence, and one or more descendants up to the second degree, minors, over whom they have guardianship and custody or, where appropriate, one or more minors in permanent family foster care or guardianship for adoption purposes.
  • Preventing the offender from being a benefit recipient or being paid the orphan's pension to children

    In the event of the death of a woman victim  of gender-based violence, the aggressor convicted of homicide or assault and battery shall not be entitled to a widow's or widower's pension, nor shall they be paid the orphan's pension to which their minor children may be entitled.

    The widow's or widower's pension that may have been due to the aggressor shall be paid to the orphans, or to the holders of the pension for family members, by means of an increase in the amount of their pension.

    These measures may be adopted as a precautionary measure, i.e. without the need for a final judgement, provided that a judicial decision has been handed down and there are reasonable indications that the person under investigation is responsible for the intentional crime of homicide in any of its forms, if the victim is the causing subject of the benefit to be provided.

    Orphanhood for children of victims of gender-based violence and other forms of violence against women

    Improves the situation of orphanhood for daughters and sons of victims of gender violence and other forms of violence against women, through the following measures:

    • Improvement of the percentage of the absolute orphan's pension from the previous 52% to 70% in cases of lack of income (income below 75% of the minimum wage) of the members of the family unit; and increase of the total of orphan's pensions in the case of the existence of several beneficiaries, by allowing 118% of the base rate (until then it was 100%) and establishing a guarantee of a joint minimum amount.
    • New orphan's benefit foreseen for cases in which, due to the absence or insufficient contribution of the mother who died as a result of violence against women, the absolute orphans were not entitled to an orphan's pension. In these cases, the benefit is calculated by applying a fixed percentage (20% in general or 70% in cases where there is no income) to the minimum contribution basis of the General Scheme. It is also possible to reach 118% of this base rate in the case of several beneficiaries of this new benefit.
    • Further information on: Orphanhood due to violence against women.

      Application for Widowhood Pension, Orphan's Pension, Family Members' Pension and Death Grant.

    Involuntary early retirement

    The termination of a woman worker's employment relationship as a result of being a victim of gender violence allows access to the involuntary early retirement modality, provided that the rest of the requirements established in the regulation are met.

    Application for retirement pension.

    Medical Assistance

    A woman victim of violence will not have to maintain the right to health care associated with that of her aggressor. In order to guarantee the principle of comprehensive protection of the victim, the INSS will recognise her entitlement to health care and may extend this entitlement to her children.

    Widow's/widower's pension in cases of separation, divorce or marriage annulment

    Women who are victims of gender-based violence at the time of legal separation or divorce (by final judgement, or when the case is closed due to extinction of criminal liability due to death)  will be entitled to a widow's pension regardless of whether or not they are entitled to a compensatory pension.

    Solicitud de viudedad, orfandad y favor de familiares.

    Data Protection

    The Social Security restricts access to and use of personal data in any case.

    In addition, victims of violence against women can request, through our Social Security Offices, that access to their data be specially limited and controlled.

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