Family Benefits: Eligibility and Types in Social Security

Posted on Mar 18, 2025 in Law & Jurisprudence

Family Benefits in Social Security

Family benefits are designed to meet the financial needs that arise from family responsibilities, particularly the birth or adoption of children. These benefits are generally non-contributory, with the exception of the “uneconomic” provision, which only protects the contributory level.

Types of Family Benefits:

  1. Economic benefit for a child or foster child
  2. Provision for the birth or adoption of a third or subsequent child
  3. Economic benefit for multiple births or adoptions
  4. Non-financial benefits for child care, foster child, or other family members

A. Economic Benefit for Child or Dependent Foster Child

This consists of an economic allocation for each child recognized by the beneficiary under 18 years of age, or older if affected by a disability equal to or above 65%, regardless of their affiliation. It also applies to foster children in foster care (pre-adoptive or permanent) if they do not exceed the established income limit.

B. Provision for the Birth or Adoption of a Third or Subsequent Children

This is a single, lump-sum cash allowance intended to partially compensate for the increased expenses resulting from the birth or adoption of a third or subsequent child in families that do not exceed a certain income level.

C. Economic Benefits for Multiple Births or Adoptions

This single payment benefit is designed to partially compensate for the increased expenses resulting in families from the birth or adoption of two or more children from multiple births or adoptions.

D. Uneconomical Provision for Child Care, Foster Child, or Other Family Members

All “employed” workers, both in the private and public administration, who are part of the Social Security System, are entitled to time off work for the care of each child, foster child, or other family members, according to applicable law. Article 46.3 of Decree Law 1/1995 of March 24 of the Law of the Workers’ Statute states:

  • “Workers are entitled to a leave of absence for periods not exceeding three years for the care of each child, whether by nature, adoption, or foster care (both permanent and pre-adoptive), counting from the date of birth or, where appropriate, from the judicial or administrative decision.”
  • “They also have the right to a leave of absence, lasting up to one year unless a longer period is established through collective bargaining, for the care of a relative up to the second degree of consanguinity or affinity, who, for reasons of age, accident, or illness, cannot fend for themselves and is not gainfully employed.”

FAMILY BENEFITS OF SOCIAL SECURITY. FOR 2010: From January 1, 2010, the amount of family benefits in Social Security, in its non-contributory form, and the amount of the income ceiling for access to them, are as follows:

  1. The amount of the financial allocation provided for in Article 182 bis.1 shall be $500 annually when the child or foster child is less than 5 years old, and 291 euros when the child or minor in foster care is between 5 and 18 years of age.
  2. The amounts of the allowance provided for in Article 182 bis.2 for cases in which the child or minor in foster care has disability status will be:
    • a) 1,000 euros when the child or foster child has a disability less than 33%.
    • b) 4,076.40 euros when the dependent child is over 18 years old and is affected by a disability to a degree greater than or equal to 65%.
    • c) 6,115.20 euros when the dependent child is 18 years old, is affected by a disability to an extent not less than 75%, and, as a result of anatomical or functional loss, needs the assistance of another person to perform the most basic activities of life, such as dressing, moving, eating, or similar activities.
  3. The amount of the benefit for the birth or adoption of a child provided for in Article 186.1 shall be $1,000.
  4. The amount of the benefit for multiple birth or adoption of child under Article 188 ter will be 2,500 euros.
  5. The income limit referred to in the first paragraph of Article 182.1.c) is set at 11,264.01 euros annually. The income limit referred to in the second paragraph of Article 182.1.c) is set at 16,953.05 euros per year, an increase of 2,745.93 euros for each dependent child from the fourth, including this one.