SOCIAL AID TO SINGLE PARENT FAMILIES
Single-parent families are those that are made up of a single adult with one or more dependent sons or daughters. Single parenthood can arise from various realities, as a result of the death of the other parent, de facto or legal separation, divorce and/or, where appropriate, a personal decision to assume maternity or paternity through adoption or reproduction. assisted in the case of women.
State or regional social protection systems provide increasing attention to groups with special needs. In this case, single-parent families are a group of special or greater vulnerability and therefore, within the scope of their powers, the different regional and local public administrations from the General State Administration contemplate specific aid in the following matters:
1. SOCIAL SECURITY
a) Death and survival benefits
It is derived from the death of one of the members of the couple, giving the right (if all legal requirements are met) to a set of benefits to compensate for the economic effects that occur due to the death.
Widow's pension
It is granted to the surviving spouse when the pensioner meets the general membership, registration and contribution requirements required by law:
- If the death is due to a common illness, 500 days of contributions will be required within an uninterrupted period of 5 years immediately preceding the death or the date on which the obligation to contribute ceased.
- If the death is due to an accident, whether work-related or not, or an occupational disease, no prior contribution period is required.
People who, on the date of death, are not registered or in a situation similar to that of registered, will be entitled to a pension as long as they meet a minimum contribution period of 15 years.
In those cases in which the marriage has occurred with a person who is already sick, due to a common illness contracted prior to the marriage, the spouse of the deceased deceased must also prove a series of additional requirements: the existence of common children and that the marriage had been celebrated at least one year in advance of the date of death, unless a period of cohabitation that, added to that of marriage, exceeds two years, is proven. In the event that any of them are not met, temporary widow's benefit could be accessed.
It is also granted to judicially separated or divorced spouses, if they have not contracted a new marriage or formed a de facto couple and prove that they have the right to a compensatory pension and this is extinguished by the death of the deceased, except in the case of victims of gender violence. ; As of 02-01-2010, in the event that the amount of the widow's pension is higher than the compensatory pension, it will be reduced until it reaches the amount of the latter; However, for separations and divorces prior to 2008 there are specific requirements.
There is the possibility of recognizing a pension in the case of de facto couples (if they meet certain formalized registration requirements in the specific registry, time of cohabitation and income). In the autonomous communities with their own Civil Law, the consideration of a de facto couple and their accreditation will be carried out in accordance with what their specific legislation establishes.
The pension is calculated by applying a percentage to the regulatory base that is appropriate in each case (according to the cause of death and the Social Security situation of the deceased person). In general, the percentage is 52%, although it may be 70% in certain circumstances, which must occur simultaneously (family responsibilities, limited income and the pension being the only or main source of income).
In the case of deaths after 12-31-2015, when the beneficiary of the widow's pension is a woman who has had 2 or more children, biologists or adopted, a maternity supplement will be applied consisting of an additional percentage to the amount of the pension calculated in accordance with what is indicated in the previous sections. This percentage will be 5% in the case of two children, 10% with three children and 15% in the case of four or more children.
Temporary widow's benefit
The surviving spouse will be the beneficiary when they cannot access the widow's pension because they cannot prove that their marriage has lasted 1 year or, alternatively, due to the lack of common children, as long as they meet the rest of the requirements. general requirements (registration and contribution).
The amount of the benefit is equal to the widow's pension that would have corresponded to her and has a duration of 2 years.
Orphan's pension
The beneficiaries will be the children of the deceased, the children of the surviving spouse (if they meet certain requirements).
On the date of death of the deceased, the children indicated in the two previous paragraphs must be:
In general, minors under 21 years of age or older people who have reduced their work capacity by a percentage assessed as a degree of permanent, absolute or severe disability.
When the orphan does not carry out lucrative work as an employee or self-employed person, or when doing so, the income obtained is lower on an annual basis than the current amount of the Minimum Interprofessional Wage that is set at any time also on an annual basis, the age is extended. up to 25 years old.
If the orphan was studying and turned 25 during the course of the school year, the receipt of the orphan's pension will continue until the first day of the month immediately following the beginning of the following academic year.
The amount of the pension is generally the 20% of the same regulatory basis as the widow's pension. In the event of absolute orphanhood, the pension may be increased depending on certain circumstances.
In this sense, Social Security considers an orphan of only one known parent to be an absolute orphan.
Other death and survival benefits
The regulations also provide that, depending on the case, pension or subsidy may be granted in favor of family members (other than spouse and children), death aid (for funeral expenses) and compensation for work accidents and occupational diseases.
Birth or adoption of a child in the cases of large, single-parent families and in cases of mothers with a disability equal to or greater than 65%
What is a family benefit for the birth or adoption of a child?
It is the financial aid granted by Social Security to cover the situation of need or excess expenses that the family unit has when a child is born or adopted.
Families (large, single parents and in cases of mothers with disabilities equal to or greater than 65%) will be entitled to this aid as long as their income does not exceed the amount established by law each year.
When can you ask for this help?
– When the income of the family unit does not exceed the amount established each year by law; For this year 2019 it is €12,313.00. The above amount will increase by 15 percent for each dependent child or minor, starting from the second, including this one.
– Those who receive annual income greater than the amount in the previous paragraph may also be beneficiaries, according to the details included in this table: (See Page 11 of the 2019 Family Aid Guide).
In the case of large families with the corresponding title, the annual income will not exceed €15,532.00, when they have three dependent children, with an increase of €3,022.00 for each child from the fourth, including this one.
Who is entitled to this benefit?
Parents or adopters who meet the following requirements can request and receive this help:
- Be Spanish or foreign, in both cases with residence in Spain.
- Not have the right to other benefits of the same nature in any other public social protection regime, although they may receive, at the same time, assistance for multiple births or adoptions, the financial allowance for dependent minor children, the special subsidy for childbirth, adoption, guardianship or multiple fostering, as well as other similar financial aid granted by a local or regional administration. Likewise, if different protected cases coincide with respect to the same birth or adoption (large family, single parent, or disabled mother), you can obtain as many benefits as there are protected cases.
What do they have to do to ask for this help?
- If the parents or adopters live together, the first thing they have to do is agree to decide who of the two is going to request the help, since it may correspond to one or the other, without any preference.
- If they do not agree, or do not say who is going to request it, the help will be given to the mother.
- If they do not live together due to annulment, judicial separation or divorce, the parent or adopter who is responsible for the care and custody of the children must request aid to be a beneficiary of it.
- In the cases of single-parent families and mothers with disabilities, there is only one beneficiary, who is the one who will request the benefit.
Does the child have to be born in Spain?
Not necessarily, you can also be born abroad as long as you go to live with your family in Spain immediately afterwards.
What requirements do children have to have?
- They have to live within the family unit.
- Depend on her financially.
- It is not necessary that they be common to the family unit as long as the above is met.
Where is the help or benefit requested?
In the offices of the National Social Security Institute of the town where the family unit resides, accompanying the request with the necessary documentation.
Documentation that must be provided
DISPLAY OF THE FOLLOWING DOCUMENTS IN ORIGINAL AND IN FORCE:
1. Spanish:
National Identity Document (DNI) of the applicant and the other adopting parent.
2. Foreigners:
Citizens of the EU/EEA or Switzerland: certificate of registration of a citizen of the Union or Certificate of the right to reside permanently together with a passport or valid identity document (arts. 7.1 and 10.1 of RD 240/2007, of February 16).
Family members of a citizen of the EU/EEA or Switzerland who do not hold the nationality of one of these States: residence card of a family member of a Union citizen or receipt accrediting the submission of the application for the card (arts. 8 and 10.3 of RD 240/2007, of February 16).
Non-EU/EEA or Swiss nationals residing in national territory:
- Foreigner identity card (TIE) for applicants, other parents and legal guardians or temporary or permanent residence authorization, as appropriate.
- Application for a residence card or authorization for children born in Spain of non-EU/EEA or Swiss nationals.
Foreigner Identity Number (NIE) in all cases.
PRESENTATION OF THE FOLLOWING DOCUMENTS IN ORIGINAL AND IN VALID AND CERTIFIED PHOTOCOPIES OR COPIES TO PROCEED WITH THEIR CERTIFICATION:
3. Certificate of registration of beneficiaries and deceased (only in the cases provided for in RD 523/2006, of April 28).
4. Family book or certified extract of the children's birth certificates, issued by the corresponding Civil Registry.
5. Proof of income. You must present, if applicable, documentation that proves the level of income indicated in the application.
ONLY IF YOU ARE IN ONE OF THESE SITUATIONS:
6. In cases of judicial separation or divorce: court ruling that certifies said situations or document establishing custody of the children.
7. In the case of children with disabilities: disability certificate issued by the IMSERSO or competent body of the Autonomous Community.
8. In cases of large families: large family title.
9. In cases of a disabled mother: disability certificate issued by the IMSERSO or competent body of the Autonomous Community.
Download application forms for family benefits.
- Application for benefit for minor dependent child
- Application for benefit for minor dependent child (For legal entities)
- Application for benefit for minor dependent child (Special cases)
- Birth benefit application
- Annual declaration of income of the allowance for dependent children or minors
- Application for inclusion of new children (Family benefit for dependent children)
If you wish to request a family benefit, you can print the appropriate form and, once completed, send it by regular mail or present it at the corresponding Provincial Directorate.
How is the income limit that must be calculated?
- If the parents or adopters live together, the income that both have had during the previous year is taken into account, even if only one has the necessary requirements to request help and be a beneficiary.
- If they live separately, the income that the parent in charge of the child has had during the previous year is taken into account.
What is the amount of the benefit for this year 2019?
The full amount is €1,000 in a single payment.
However, it is possible to receive reduced aid when family income exceeds the initial limit but not the maximum limit provided by law. In these cases, the amount will be the difference between the maximum limit and the income of the family unit requesting aid.
Family benefits are considered exempt from personal income tax (IRPF).
How is the payment?
A single payment is made for each birth or adoption.
Rafael Reyes Pulido