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Acquisition of the right, duration, suspension, renewal and termination

Acquisition of a right to benefits


  • From the day after the end of the one-month wait, as long as benefits are applied for within 15 days of the end of said month.
  • Where an application is filed after the official deadline, the right commences on the date of application and the claimant loses benefits for the number of days elapsed from the day the right would have commenced to the day it is actually filed.
  • The special subsidy for long-term unemployed workers comes into force the day after benefits have been exhausted and the worker has legally unemployed status, with insufficient contributions to qualify for contributory benefits, the day after becoming legally unemployed or at the end of any paid holiday leave that has not been taken before the termination of employment or the period of procedural salaries, where applicable, as long as in both cases it is requested within 15 days of the protected situation.

Duration


Workers who have exhausted their contributory unemployment benefit and have family responsibilities:

  • Six months, extendable to another 2 periods of the same length, up to a maximum of 18 months, with the following exceptions:
    • Persons under 45 years of age who have exhausted their contributory benefit, of at least 180-days, are entitled to another 6 month extension, up to a total of 24 months.
    • Persons over 45 years of age who have exhausted their contributory benefit, of at least 120-days, are entitled to another 6 month extension, up to a total of 24 months.
    • Persons over 45 years of age who have exhausted their contributory benefits, of at least 180-days, are entitled to two more 6 month extensions, up to a total of 30 months.
      They must have this age on the date of exhaustion of contributory unemployment benefits.
  • In the case of intermittent permanent employees, the length of these benefits will be equivalent to the number of months for which they contributed in the year prior to the application.

Workers who are over 45 years of age who have exhausted their unemployment benefits and did not have family responsibilities.

  • Six months with no extensions.
  • In the case of intermittent permanent employees, the duration of these benefits is equivalent to the number of months for which they contributed to unemployment benefit in the year prior to the application.

Returning migrant workers:

  • Six months, extendable to another 2 periods of the same length, up to a maximum of 18 months.

Workers who, at the time of their legal unemployment situation, have not covered the minimum contribution period to acquire the right to contributory benefits:

  • Benefits are based on the number of months for which contributions have been paid and whether a worker has family responsibilities or not.
    • In the case of a worker with family responsibilities:
      • Three, four or five months, if contributions have been paid for 3, 4 or 5 months respectively.
      • 21 months, if a worker has contributed for 6 months or more.
    • In the case of a worker with no family responsibilities:
      • 6 months with no extensions, if they have made contributions for 6 months or more.
    • In the case of intermittent permanent employees, the duration of these benefits is equivalent to the number of months for they contributed to unemployment benefits in the year prior to the application.
  • Once the right to claim benefits has been recognised in any of the above cases, contributions that have already given rise to benefits may not be taken into account for a new application for contributory or non-contributory benefits.

Individuals that have been discharged from prison or who have had their sentences remitted due to drug rehabilitation:

  • Six months, extendable to another 2 periods of the same length, up to a maximum of 18 months.

Workers declared to be fully able or partially disabled to work after a review of their case due to the improvement of a situation of serious disability, absolute permanent disability, or total disability to perform their usual profession:

  • Six months, extendable to another 2 periods of the same length, up to a maximum of 18 months.

Unemployment benefits for workers over 55 years of age:

  • Until the worker reaches the age for gaining access to any form of contributory retirement pension.

Suspension


The suspension of a right to benefits means the interruption of all financial benefits and contributions, without affecting the period of eligibility, except in the case of fines. Rights may be suspended for any of the following reasons:

  • The worker moves abroad to search for or carry out work, professional improvement or international cooperation for a continuous period of less than twelve months. A stay in a foreign country for a period of less than 15 calendar days that takes place only once each year will not be considered as a transfer of residence, provided that it has been requested and authorized, without prejudice to the fulfilment of the obligations established in article 231.1 of the Consolidated Text of the General Law of the Social Security.
  • Commences Military Service or Equivalent Community Service, or is serving time in prison, except if the worker has family responsibilities and does not receive any family income whose amount exceeds the Minimum Inter-professional Salary, in which case the worker remains eligible for benefits but must file the corresponding application.
  • Taking salaried employment for a period of less than 12 months, or being self-employed for a period of less than 24 months.
  • Obtaining, for less than 12 months, income that exceeds 75% of the Minimum Inter-professional Salary, as well as ceasing to have, for less than 12 months, family responsibilities, if this was a requirement to qualify for this benefit.
  • Being fined for both minor and serious offences according to the terms established in the Welfare Penalties and Sanctions Act during that corresponding period.


Renewals


In all cases of suspension, except when this is the result of a sanction, workers must apply to renew their rights to benefits upon termination of the situation that gave rise to the suspension.

Renewal implies the entitlement to receive unemployment benefits for the remaining period of time they have left, using the same regulatory base and percentages in force at the time of the suspension, as long as they can prove that the reason for the suspension no longer exists, and that, where appropriate, this reason constitutes legally unemployed status, or that the requirements (lack of income or having family responsibilities) are still valid.

In the case of suspension due to a penalty, the entitlement is renewed at the corresponding percentage for the benefit, taking into account the period of time for which benefits have been received and the penalty period, and that the worker is registered as a job seeker.

The right to renewal comes into effect on when the reason for suspension no longer exists, as long as it is requested within 15 days of this date. Application requires the worker to register as a job seeker, if they are not already registered and the commitment to work is considered reactivated, except in those cases where signing a new commitment is required.

Where an application is filed after the aforementioned deadline, the worker loses benefits for the number of days that have elapsed from the day the entitlement would have come into effect if the application been filed on time, to the day it is actually filed.

In cases where paid holiday leave has not been used before the termination of employment, legally unemployed status and the entitlement to benefits enters into force after this period, as long as applications are filed within fifteen days of the end of said period.


Expiry


The right to unemployment benefits may be terminated for any of the following reasons:

  • Expiry of the duration established.
  • Moving abroad, except in cases of suspension.
  • Death of the beneficiary.
  • The beneficiary becomes eligible for a retirement pension or disability benefits (due to total, absolute or serious disability), in the latter case being entitled to choose one benefit or the other.
  • Taking salaried employment for a period of 12 months or more, or being self-employed for a period of 24 months or more.
  • The beneficiary reaches the official retirement age, unless he or she is not eligible for a retirement pension, or there has been a work suspension or reduction of working hours, approved by government resolution.
  • Voluntary renunciation of the right.
  • Receipt of an income that exceeds the 75% of the National Minimum Wage for a period of 12 months or more.
  • No longer meeting the family responsibilities requirement, if this had been necessary for the granting of the entitlement, for a period of 12 months or more.
  • Imposing penalties in accordance with the terms provided for in the Social Order Penalties and Sanctions Act.
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