The death of a family member may generate the right to collect a pension in some cases. This type of benefits, called death and survival benefits, are intended to compensate for the situation of economic need that can produce in some cases the death of a close person.
Of the more than ten million contributory pensions paid in Spain, 2,349,158 are for widows; 340,315, orphans, and 44,692 in favor of relatives, according to the latest data published last February by the Ministry of Inclusion, Social Security and Migrations. The rest, about 73%, correspond to retirement pensions.
To access the widow's pension, several requirements must be met depending on the situation in which the deceased was found. In the event that the death is caused by a common illness, they must have contributed 500 days in the last five years in the General Social Security Scheme -or in the Self-Employed Scheme, with some exceptions-. But "if the cause of death is due to an accident or occupational disease, no contribution period is required" in the last five years, explains Carmen Bargiela Zotes, lawyer at the Toro Pujol Law Firm.
In the event that at the time of death the deceased was not registered in the General Social Security Scheme, "they must have contributed for a minimum of 15 years" for their spouse to be entitled to benefits.
The spouses of contributory retirement pensioners, permanent disability pensioners, as well as those who receive a temporary disability subsidy, risk during pregnancy, maternity, paternity or risk during lactation will also be entitled to receive a widow's benefit, as long as the deceased has contributed the minimum period required.
In addition, the beneficiaries of a benefit of this type must meet a series of requirements, which are detailed below:
Regarding the amount that may be received as a widow's pension, in general, it will be 52% of the regulatory base. However, if the beneficiary is 65 years of age or older, is not entitled to any public pension or receives income from work, and does not have income greater than 7,707 euros per year, he will receive 60% of the regulatory base. "In some cases and provided that the beneficiary proves family responsibilities, he may receive 70% of the regulatory base," the lawyer clarifies.
In order to be a beneficiary of an orphan's pension, you must prove that you are the son of the deceased or of the surviving spouse. In addition, one of the following requirements must be met:
In case of meeting the necessary requirements, as a general rule, 20% of the regulatory base will be received. If it is due to an occupational disease or work accident, it is increased with a monthly compensation of the regulatory base or if there is no beneficiary of a widow's pension, he will receive 52% of the regulatory base.
The pension in favor of relatives may be received by absolute orphan grandchildren and siblings, provided that on the date of death they are under 18 years of age or, if they are older, they have a recognized absolute permanent disability or severe disability. Another assumption that gives the right to this type of pension is to be under 22 years of age and receive income that does not exceed 75% of the annual SMI.
Likewise, they may collect a lifetime pension in favor of widowed, single and married mothers and grandmothers with a husband who is over 60 years of age or incapacitated for work, as well as separated and divorced. Parents and grandparents who are 60 years old or with absolute permanent disability or severe disability may also receive the benefit. And, finally, children and siblings of contributory retirement or permanent disability pensioners.
In case of meeting the aforementioned requirements, the amount that will be received for the life pension in favor of family members is a maximum of 20% of the regulatory base.
Whoever paid the burial expenses is entitled to receive a death benefit pension, provided that the deceased person was registered with Social Security or was a contributory retirement or permanent disability pensioner. The amount to be received will be 46.50 euros in a single payment.
Finally, the lawyer points out, if the death is derived from an occupational disease or an accident at work, for example, in the orphan's pension, "orphans will be entitled to receive additional compensation consisting of a monthly payment of the regulatory base" . To this it should be added that the calculation of the regulatory base will be carried out "in a different way and, in general, it will be more beneficial" in these cases.
