Pensions for widows and orphans, in Spain, are a right as long as they meet certain requirements.

Both pensions for widows, the orphans and family subsidies, should be obtained in the Service and Information Centres of the Social Security (CAISS). In the case of seafarers, the agency that should be addressed is the Social Marine Institute. Documentation for carrying out the necessary paperwork is available to those interested in the website of the Social Security .

Law and requirements for Social Security benefits

The fees contributed to Social Security entitle to benefits for death and survival, understanding the latter as widows, orphans and helping families. The right exists as such when the deceased was discharged in Social Security or she were in a situation of unemployment, leave or other similar situation to the high-all counting on that would have met the required contribution period.


Also enter into this calculation all those who, while not yet released, have contributed throughout their working lives at least 15 years of Social Security. Likewise, those who were claiming the retirement pension or permanent disability, they also attend the right to receive the benefit. With regard to workers who once were discharged, will be required must have contributed at least 500 days within a continuous period of 5 years immediately prior to death. If death was due to an accident or an occupational disease shall not be required a minimum contribution.

Recovery of Social Security benefits

For one reason or another it is possible that the pension is denied. Where this occurs or not get a satisfactory reply within three months, they have 30 days to file an administrative complaint in the same offices. Should we not get a positive result will not have another 30 days to file a claim in the Labour Court .

Widow’s pension in Spain

The right to survivor’s pension is linked to a number of requirements. For example, in case of death from common illnesses, if it existed before the wedding, it will be necessary to prove at least one year of marriage. Without this requirement, will prove, at least, after two years of cohabitation. Failure to meet either of these two assumptions are only entitled to a temporary provision of two years. When only one spouse or former spouse, this will be the recipient of the pension. If more than one will be distributed in proportion, but considering that it was at the time of death shall be entitled to at least 40%.

Cohabiting couples

The right to benefits by the domestic partners is seen when there is economic dependence survivor to the deceased. In the event that had children, the dependency is considered when the survivor earn less than half of what he perceived their partner. If no children should be less than a quarter. These assumptions are not valid if the survivor takes less than 1.5 times the minimum wage. This amount also be higher when children. The partner must be accredited and have had a minimum of 5 years.

Amount of survivor’s pension

The amount of widow’s pension is applied for 52% of the base pension of the deceased. If it were a retired or disabled would apply the same basis used for calculating his pension. With respect to an active worker, the calculation is done by dividing by 28 the sum of the contribution base of 24 consecutive months within the past 15 years worked. If this calculation does not reach the minimum pension is guaranteed the right to that amount, provided that the widow’s income does not exceed a ceiling. For the self- governing specific bases. The pension can reach 70% in some cases, as the existence of dependents, when the income of the household does not reach 75% of minimum wage or if the pension is more than half of family income.

Orphan’s pension

The orphan’s pension shall be for the children of the deceased in or out of wedlock, adopted and brought into the marriage provided that exceeded 2 years. Children under 18 years receive the pension provided. Between 18 and 22 only if your income is below the minimum wage, a period that may last up to 24 years if they are deceased father and mother or there is a disability equal to or greater than 33% by the beneficiary. When it comes to orphans with severe disability or total disability pension charge at any age. The amount is set at 20% per child basis, divided equally among all. For orphans of both parents, the pension shall be increased by the widow of one of the parents, given that the sum of widows and orphans must not exceed 100% of the base.