Compatibilidad e incompatibilidad en su percibo
Inconsistency in its receipt
However, Article 5 of Law 35/1995, as referred to above, and Article 19 of the implementing regulations stipulate that the receipt of aid shall be incompatible with :
- Compensation for damages caused by the offence, as determined by a court judgement. If, due to the partial insolvency of the person responsible for the offence, only part of the compensation awarded in the judgment is received, the assistance may be paid in full or in part, provided that – once the portion of compensation received has been taken into account – the total amount does not exceed the sum set out in the court ruling.
- Compensation and financial assistance from private insurance: If the judgment awards compensation in an amount greater than that received from the insurance, the grant may be paid in full or in part, up to the maximum amount specified in the judgment.
- Temporary incapacity benefit, together with the relevantallowance for that situation under a public social security scheme.
Furthermore, the second supplementary provision of the Law states that the aid shall under no circumstances be compatible with compensation for damages awarded to victims of armed gangs and terrorist groups, as recognised under the relevant specific legislation.
In cases where the death of a minor or a person lacking legal capacity has given rise to both a death grant and a funeral allowance, parents or guardians who are entitled to the death grant may not also receive the funeral allowance (Article 6.1 of the Regulations).
Compatibility, as received
In accordance with Article 5 of Law 35/1995 , the grants are compatible with any state pensions received by their beneficiaries. In addition, they may be entitled to the following at the same time:
Benefits for temporary disability and those for permanent disability.
Compensation for mental health harm caused by sexual or sex-based violence, and benefits for temporary and/or permanent disability .
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