The Social Security system includes different benefits to protect Spaniards in different situations. These aids can be contributory or non-contributory. The first are a right that is generated through the contributions paid when the worker is registered with Social Security and, therefore, to access them, a minimum contribution period is required. The non-contributory, on the other hand, protect people in need without resources.
Among the Social Security pensions are those for family members, aimed at people who have lived with or financially depended on the deceased person who generates the right to this benefit. Specifically, the beneficiaries must have lived with the deceased and depended on him for two years before her death and not be entitled to a public pension.
But, in addition, the pension in favor of family members is aimed at people without resources and whose income does not exceed the minimum interprofessional wage. Currently the SMI is set at 15,120 euros gross per year. Similarly, Social Security requires that beneficiaries do not have relatives “with the obligation and possibility of providing them with food.”
240 euros per month, at least
Once the above requirements have been met, Social Security recognizes a pension that represents 20% of the regulatory base for each beneficiary. But, the norm establishes some minimum amounts that depend on the number of beneficiaries and their age. Specifically, an amount of 239.5 euros per month is recognized for each beneficiary. The amount rises to 578.50 euros and 578.50, if there is only one beneficiary aged 65 or under 65 respectively.
Of course, Social Security specifies that “when there are several beneficiaries, the sum of the amounts of death and survival benefits cannot exceed 100% of the corresponding regulatory base.” This limitation will be applied to the initial amount, but it will not affect the periodic revaluations that proceed in the future. Regarding this limitation, orphan’s pensions have preference over pensions in favor of other relatives and for other relatives the order of preference is as follows: grandchildren and siblings, father and mother, grandparents.
How to apply for the pension?
The pension in favor of relatives can be requested at any time after the death and is paid retroactively for a maximum of three months. In other words, if they are requested more than three months after the death, the relatives will not receive the amount since the right was terminated.
To complete the process, you must submit the Survival Benefits application model, along with the documentation required in each case. Mainly, it must be accompanied by the Death Certificate of the deceased deceased. It can be done through the Social Security Electronic Office, by ordinary mail or at a Social Security Service and Information Center. In the latter case, a prior appointment is required.
Once the pension is recognized, Social Security pays it monthly, together with two extraordinary payments a year, which become effective in the months of June and November. If the deceased was registered with Social Security, it will be charged from the day after death and if he was a pensioner, from the first day of the month following death.
When collecting this amount, it must be borne in mind that the pension is subject to personal income tax (IRPF) and, therefore, withholdings are applied to the tax. As an exception, pensions are exempt if they derive from acts of terrorism or if they have been recognized as a consequence of a permanent disability in the degrees of absolute or severe disability.