Social Security Benefits: Understanding Your Rights
Social Security: Concept
It is the public system by which the State guarantees adequate protection to people who are within its scope in contingencies that the Act provides (health, illness, disability, unemployment, retirement). There are two types:
- Contributory: Includes workers and their families that are included in one of the following groups:
- Employees
- Self-employed or autonomous workers
- Partners in production cooperatives
- Students
- Officials and foreign residents with a work permit
- Non-contributory: Integrates national territory residents not included within the contribution regime and who meet certain requirements. It is granted to persons who have not contributed or never mind and lack sufficient economic resources:
- Healthcare
- Disability and retirement
General Scheme of Social Security
The general scheme of Social Security includes workers not contained within a special regime.
When a person starts working for the first time, they must communicate their affiliation to Social Security. This gives the worker a membership number for which to be identified throughout their working lives.
The company is obliged to notify the Social Security of the registration and deregistration of workers who enter or cease their service. The discharge can be done prior to the start of the work, and the deadline for notification is 5 calendar days from the day following the termination of the activity.
Healthcare
This is the provision of medical services and pharmaceuticals necessary to preserve or restore the health of persons protected by Social Security, as well as physical recovery services, where appropriate, prosthetics, and orthopedics.
The entitlement to benefits in cash starts from the day that the work contract begins.
On completion of work, if the worker has contributed to Social Security for 90 days in the year immediately preceding the termination of employment, they shall be entitled to:
- Continue healthcare for an illness prior to contract termination.
- Start a new medical treatment for ailments arising in the 90 days following the end of the labor relationship. Subsequently, healthcare can be requested only if there is a lack of funds.
If the 90 days were not listed, they may only terminate medical treatment initiated before the end of the employment relationship, unless, as noted above, they lack sufficient resources.
Temporary Disability
This is the situation in which temporarily disabled workers find themselves while receiving healthcare.
Temporary incapacity may be motivated by the following causes:
- Common or occupational disease
- Accident, whether or not work-related
- Risk during pregnancy
They have a maximum duration of 12 months and may be extended for about 6 months but only in the following circumstances:
- To further refine the healthcare worker.
- That it does not provide for permanent disability.
The amount of the provision is a function of the base and the cause of disability:
- Common illness or non-work-related accident:
- Days 1-3: No benefit
- Days 4-20: 60% of the base
- From day 21: 75% of the base
- Occupational disease or work accident: 75% of the base
- Risk of pregnancy: 75% of the base
Maternity
Maternity benefits are given by Social Security to workers who are in any of the following situations:
- Pregnancy results in a suspension of the employment contract of 16 weeks, plus 2 weeks for each child after the first if the birth is multiple. The worker chooses the weeks, but at least 6 must be after childbirth. The mother may give the father time as she thinks fit, except for the above-mentioned 6 weeks.
- Adoption or foster care: It will run for 16 weeks in the case of children under 6 years old or older who are disabled. The father can do the same as the mother if both are working.
Permanent Disability
This is the situation of a worker who, after medical treatment, presents serious anatomical or functional reductions that reduce or negate their ability to work. Grades:
- Partial permanent disability: More than 33% reduction in their work, 24 months.
- Total permanent disability: Reduces the total of your current work activity, between 55% and 75% (usually 55%) of the base.
- Permanent disability: Cannot do any kind of work, 100% base pension.
- Severe disability: Cannot do any work activity and also needs someone to care for them, 150% base pension.
Retirement
This is an annuity to which the employee is entitled when they reach a certain age, stop working, and meet the following requirements: 15 years of contributions (at least 2 will have to be included in the last 15), cessation of work activity, and having completed 65 years. A minimum of 35 years of contributions is required to receive 100% of the base.
The amount of benefit: For the first 15 years of contributions, 50%; each additional year from 16 to 25, a 3% surcharge; since then, a further 2% per year, with a proviso that this should never exceed 100% of the contribution base (this figure is reached in 35 years worked).
Early retirement: A worker at least 61 years old who stops working before age 65 receives a reduced pension at 6% per year early in the case of 40 years of contributions, or 8% for 30 years.
Death and Survival
When a worker or pensioner dies, Social Security grants one or more benefits, as the case may be: Assistance due to death (30 €), widow’s pension (from 52% to 70% base pension), orphan’s pension (20% or 52% per child), or family pension (20% or 52% base pension). It is granted 500 days after a common illness, accident, or to a pensioner.
Unemployment
This is the situation where a person is involuntarily deprived of work. Levels: Contributory (unemployment benefits) and welfare (unemployment benefit).
Unemployment benefit: Employed persons who are members and discharged from Social Security, have not fulfilled the indicated retirement age, have contributed 12 months in 6 years, subscribe to the commitment of activity, and are in a legal unemployment status.
Unemployment benefit: Income-strapped unemployed people above 75 € of the minimum wage (SMI) and who fulfill: having exhausted unemployment benefits and having family responsibilities, being older than 45 years and having no dependents, having been released from prison, being Spanish migrant workers, being legally unemployed, or being older workers (52 years).