FORM OF THE ANNUAL REPORT

ON THE EUROPEAN CODE OF SOCIAL SECURITY

STRASBOURG

1967


If a Government is bound by similar obligations as a result of having ratified the Social Security (Minimum Standards) Convention adopted by the 1952 General Conference of the International Labour Organisation, it may communicate to the Council of Europe copies of the reports it submits to the International Labour Office on the im­plementation of this Convention.


REPORT

for the period from July 2016 to June 2021 made by the Government of SPAIN

in accordance with Article 74 of the European Code of Social Security on the measures taken to give effect to the accepted provisions of the Code whose instruments of ratification or of accession were deposited on 8th of March 1994

This Report also covers the application of such provisions in the following non‑metropolitan territories to which, in conformity with Article 80, they have been declared applicable:

I.              Please give a list of the legislation and administrative regulations, etc., which apply the provisions in respect of which the obligations of the Code have been accepted in accordance with Article 2. Please specify in each case to which of the Parts of the Code the texts concerned relate. Please forward copies of the said legislation, etc.

Please give any available information concerning the extent to which these laws and regulations have been enacted or modified to permit of, or as a result of, ratification.

BASIC RULES APPLYING TO THE REPORTING PROVISIONS.

— Spanish Constitution of 1978 December 27.

https://www.boe.es/buscar/pdf/1978/BOE-A-1978-31229-consolidado.pdf

— Royal Legislative Decree 8/2015 of 30 October, approving the consolidated text of the General Law on Social Security (BOE 31- 10 -2015. Correction of errors BOE 11-02-2016).

https://www.boe.es/buscar/pdf/2015/BOE-A-2015-11724-consolidado.pdf

— Law 16/2003 of 28 May, on cohesion and quality of the National Health System (BOE 29 - 11 -2003).

https://www.boe.es/buscar/pdf/2003/BOE-A-2003-10715-consolidado.pdf

— Royal Decree-Law 36/1978 of 16 November, Institutional Management of Social Security, Health and Employment.

https://www.boe.es/buscar/pdf/1978/BOE-A-1978-28739-consolidado.pdf

— Royal Legislative Decree No. 3/2015 of 23 October, approving the Employment Act.

https://www.boe.es/buscar/pdf/2015/BOE-A-2015-11431-consolidado.pdf

— Organic Law 4/2000 of 11 January, regulating the rights and freedoms of foreigners in Spain and their social integration. (Precepts on social security).

https://www.boe.es/buscar/pdf/2000/BOE-A-2000-544-consolidado.pdf

— Royal Legislative Decree No. 5/2000, 4 August approved the consolidated text of the Law on Offences and Sanctions in the Social Order. 

https://www.boe.es/buscar/pdf/2000/BOE-A-2000-15060-consolidado.pdf

II.            Please indicate in detail, for each of the following Articles of the Parts of the Code to which the ratification applies, the provisions of the above‑mentioned legislation and administrative regulations, etc., or other measures, under which each Article is applied.

PART II HEALTH CARE (ARTS. 9-12)

— Decree 2065/1974 of 30 May, approving the consolidated text of the General Social Security Act. (With regard to State competition).

https://www.boe.es/buscar/pdf/1974/BOE-A-1974-1165-consolidado.pdf

PART III. TEMPORARY INCAPACITY (ARTS. 15-18)

— Royal Legislative Decree 8/2015 of 30 October, approving the consolidated text of the General Social Security Act (Chapter V of Title II, Articles 169 to 176).

PART V. OLD AGE (ARTICLES 26-29)

— Royal Legislative Decree No. 8/2015 of 30 October, approving the consolidated text of the General Social Security Act. (Chapter 13 of Title II, Articles 204-215).

— Law 11/2020 of 30 December on the General State Budget for the year 2021. (BOE 31-12-2020. Correction of errors BOE 20-04-2021).

https://www.boe.es/buscar/pdf/2020/BOE-A-2020-17339-consolidado.pdf

https://www.boe.es/boe/dias/2021/04/20/pdfs/BOE-A-2021-6240.pdf

In general, pensions paid by the social security system, the contributory pensions, as well as State passive class pensions, will increase by 0.9 per cent in 2021.

— Royal Decree - Law 2/2021 of January 26, strengthening and consolidating social measures in defense of employment (BOE 27 -01 - 2021).

https://www.boe.es/buscar/pdf/2021/BOE-A-2021-1130-consolidado.pdf

— Royal Decree - Law 3/2021 of 2 February, adopting measures to reduce the gender gap and other matters in the fields of social and economic security. (BOE 03-02-2021. Correction of errors BOE 18-02-2021).

https://www.boe.es/buscar/pdf/2021/BOE-A-2021-1529-consolidado.pdf

https://www.boe.es/eli/es/rdl/2021/02/02/3/corrigendum/20210218/dof/spa/pdf

PART VI. ACCIDENT AT WORK (ARTS. 32-38)

The legal framework that regulates health and recovery benefits as well as those of an economic nature recognised by occupational contingencies in our legal system is contained in the rules governing health benefits, temporary incapacity and permanent disability.

— Decree 2065/1974 of 30 May, approving the consolidated text of the General Social Security Act. (With regard to State competition).

https://www.boe.es/buscar/pdf/1974/BOE-A-1974-1165-consolidado.pdf

Royal Legislative Decree 8/2015 of 30 October, approving the consolidated text of the General Social Security Act (Chapter V of Title II, Articles 169 to 176).

— Royal Legislative Decree No. 8/2015 of 30 October, approving the consolidated text of the General Social Security Act. (Chapter 11 and 12 of Title II, Articles 193 to 203).

— Royal Decree - Law 27/2020 of 4 August, on financial measures, of an extraordinary and urgent nature, applicable to local authorities (BOE 5 - 8 - 2020).

https://www.boe.es/buscar/pdf/2020/BOE-A-2020-9131-consolidado.pdf

— Resolution of 10 September 2020 of the Congress of Deputies ordering the publication of the Agreement repealing Royal Decree - Law 27/2020 of 4 August, of 4 August, of financial measures, of an extraordinary and urgent nature, applicable to local authorities.

https://www.boe.es/boe/dias/2020/09/11/pdfs/BOE-A-2020-10491.pdf

— Royal Decree - Law 28/2020, of 22 September, of distance work (BOE 23 -9 - 2020).

https://www.boe.es/buscar/pdf/2020/BOE-A-2020-11043-consolidado.pdf

The fourth additional provision of this standard confers consideration as a professional contingency arising from an occupational accident to diseases suffered by staff serving in health or social-health centres as a result of the transmission of SARS-CoV2 virus during alarm.

PART VIII. MATERNITY (ARTICLES 48-52)

— Royal Legislative Decree No. 8/2015 of 30 October, approving the consolidated text of the General Social Security Act. (Chapter 6 of Title II, Articles 177-185).

PARTE IX. DISABILITY (ARTICLES 54-58)

— Royal Legislative Decree No. 8/2015 of 30 October, approving the consolidated text of the General Social Security Act. (Chapter 11 and 12 of Title II, Articles 193 to 203).

— Royal Decree 46/2021 of 26 January, on the revaluation of the pensions of the social security system, of passive class pensions and of other public social benefits for the financial year 2021 (BOE of 27 - 1 - 2021). 

https://boe.es/buscar/pdf/2021/BOE-A-2021-1135-consolidado.pdf

If in your country ratification of the Code gives the force of national law to its terms please state by virtue of what constitutional provisions the ratification has had this effect. Please also specify what action has been taken to make effective those provisions of the Code which require a national authority to take certain specific steps for its implementation, such as measures to define its exact scope and the extent to which advantage may be taken of the permissive exceptions provided for in regard to each Part of the Code, and to establish or supervise the several financial or technical bodies entrusted with the administration of the benefits stipulated.

The Spanish Constitution of 1978 sets out social security rights in Chapter III, Title I, devoted to the guiding principles of social and economic policy. In particular, Article 41 expressly refers to it, in the following terms: “The public authorities shall maintain a public social security system for all citizens which guarantees adequate social assistance and benefits in situations of need, especially in the event of unemployment; assistance and supplementary benefits shall be free”.

In the aforementioned Chapter of the Constitution there are also other references to matters of social protection: This is the case of the protection of the family and children (art. 39), health protection (art. 43), care for the physically handicapped (art. 49) and the elderly (art. 50). With regard to all these plots, the Constitution establishes and guarantees certain rights and levels of coverage, some of which fall directly under the responsibility of the public social security system, while others are covered by other social assistance and services mechanisms under the competence of the Autonomous Communities.

The management system is basically of a public nature and the direct responsibility for its management lies, therefore, with the public authorities, currently in the State as a matter of priority, but also with the corresponding bodies of the Autonomous Communities in areas such as social services and health care.

The responsibility exercised by the State, for reasons of effectiveness, is exercised through instr

umental bodies of a public nature, with its own legal personality (other than that of the State) and the capacity to act, which in any case act under the direction, supervision and guardianship of the Central Administration. The National Social Security Institute, as an entity responsible for the management of economic benefits, and the General Treasury of Social Security, which is responsible for the framing of those interested in the system and which manages the collection of contributions and other resources of the system, deserve to be highlighted.

Monitoring of the effective enforcement of social security legislation is carried out by the Labour and Social Security Inspectorate and is regulated by Act No. 23/2015 of 21 July, the Ordinance on the Labour and Social Security Inspection System.

If the Secretary General has requested further information on the manner in which your country has implemented the provisions of the Code, or if the Committee of Ministers has invited your country to take measures to comply with your obligations, please supply the information asked for or indicate the action taken by your Government to settle the points in question.

More information regarding this point will be provided in the following weeks.



PART I

GENERAL PROVISIONS

Article 1

1.             In this Code:

(a) the term "the Committee of Ministers" means the Committee Ministers of the Council of Europe;

(b) the term "the Committee" means the Committee of Experts on Social Security of the Council of Europe or such other Committee as the Committee of Ministers may designate to carry out the duties laid down in Article 2, paragraph 3; Article 74, paragraph 4, and Article 78, paragraph 3;

(c) the term "Secretary General" means the Secretary General of the Council of Europe;

(d) the term "prescribed" means determined by or in virtue of national laws or regulations

(e) the term "residence" means ordinary residence in the territory of the Contracting Party concerned and the term "resident" means a person ordinarily resident in the territory of the Contracting Party concerned;

                (f) the term "wife" means a wife who is maintained by her husband;

                (g) the term "widow" means a woman who was maintained by her husband at the time of his death;

                (h) the term "child" means a child under school‑leaving age or under 15 years of age, as may be prescribed;

(i) the term "qualifying period" means a period of contribution, or a period of employment, or a period of residence, or any combination thereof, as may be prescribed.

2.             In Articles 10, 34 and 49 the term "benefit" means either direct benefit in the form of care or indirect benefit

consisting of a reimbursement of the expenses borne by the person concerned.

Article 2

1.             Each Contracting Party shall comply with:

                (a) Part I

                (b) at least six of Parts II to X, provided that Part II shall count as two parts and Part V as three parts

                (c) the relevant provisions of Parts XI and XII; and

                (d) Part XIII.

2.             The terms of sub‑paragraph (b) of the foregoing paragraph can be regarded as fulfilled if:

                (a) at least three of Parts II to X, including at least one of Parts IV, V, VI, IX and X are complied with; and

                (b) in addition, proof is furnished that the social security legislation in force is equivalent to one of the combinations provided for in that sub‑paragraph, taking into account;

i. the fact that certain branches covered by sub‑paragraph (a) of this paragraph exceed the standards of the Code in respect of their scope of protection or their level of benefits, or both;

ii. the fact that certain branches covered by sub‑paragraph (a) of this paragraph exceed the standards of the Code by granting supplementary services of advantages listed in Addendum 2; and

iii. branches which do not attain the standards of the Code.

3.             A signatory desiring to avail itself of the provisions of paragraph 2 (b) of this Article shall make a request to this effect in the report to the Secretary General submitted in accordance with the provisions of Article 78. The Committee, basing itself on the principle of equivalence of cost, shall lay down rules co‑ordinating and defining the conditions for taking into account the provisions of paragraph 2 (b) of this Article. These provisions may only be taken into account in each case with the approval of the Committee, the decision to be taken by a two‑thirds majority.

If recourse is had to the provision of paragraph 2 of this Article, please furnish the information to show that certain branches covered by sub‑paragraph (a) exceed the standards of the Code in respect of this scope and/or their level of benefits, or exceed the standards of the Code supplementary services of advantages listed in Addendum 2 of the Code. Please supply this information in the order suggested by the Committee.

There is no answer, for just having subscribed 6 parts.

Article 3

Each Contracting Party shall specify in its instrument of ratifications those Parts of Parts II to X in respect of which it accepts the obligations of this Code, and shall also state whether and to what extent it avails itself of the provisions of Article 2, paragraph 2.

Article 4

1.             Each Contracting Party may subsequently notify the Secretary General that it accepts the obligations of the Code in respect of one or more of Parts II to X not already specified in its ratification.

2.             The undertakings referred to in paragraph 1 of this Article shall be deemed to be an integral part of the ratification and to have the force of ratification as from the date of notification.

Article 5

                Where, for the purpose of compliance with any of the Parts II to X of this Code which are to be covered by its ratification, a Contracting Party is required to protect prescribed classes of persons constituting not less than a specified percentage of employees or residents, that Contracting Party shall satisfy itself, before undertaking to comply with any such Part, that the relevant percentage is attained.

Article 6

For the purpose of compliance with Parts 11, 111, IV. V, VIII (in so far as it relates to medical care), IX or X of this Code, a Contracting Party may take account of protection effected by means of insurance which, although not made compulsory by national laws or regulations for the persons to be protected,

                (a) is subsidised by the public authorities or, where such insurance is complementary only, is supervised by the public authorities or administered, in accordance with prescribed standards, by joint operation of employers and workers;

(b) covers a substantial part of the persons whose earnings do not exceed those of the skilled manual male employee, determined in accordance with Article 65; and

(c) complies, in conjunction with other forms of protection, where appropriate, with the relevant provisions of the Code.

Note: If recourse is had to the provisions of this Article, the information requested below should be given, with regard to each Part accepted, under the Article dealing with the persons protected in accordance with the provisions of the Part concerned (Articles 9, 15, 21, 27, 48, 55, 61).

1.             Please state whether the voluntary insurance scheme or schemes concerned are:

                i.subsidised or supervised by the public authorities; or

ii.administered in accordance with prescribed standards by joint operation of employers and workers.

2.             Please indicate the wage of the skilled manual male employee computed in accordance with the provisions of Article 65 (see Title 1 under that Article).

3.             Please furnish, in accordance with paragraph 1 (b) of Article 74 the following statistical information on the number of persons protected by voluntary insurance:


A.            Number of employees (or economically active persons) protected by the voluntary insurance scheme or schemes concerned, whose earnings do not exceed the wage of the skilled manual male employee computed in accordance with the provisions of Article 65:[1]

i. Scheme ..............................................................            .............................................

ii. Scheme .............................................................            .............................................

    ..........................................................................            .............................................

                                                                                                                                                      

iii.                               Total .................................            .............................................

B.            Total number of employees (or of economically active persons) protected by the voluntary insurance scheme or schemes concerned:1

i. Scheme ..............................................................            .............................................

ii. Scheme .............................................................            .............................................

    ..........................................................................            .............................................

                                                                                                                                                      

iii.                               Total .................................            .............................................

C.            Number of persons insured whose earnings do not exceed the wage of the skilled manual male employee (A.iii)

per cent of the total number of persons insured (B. iii).

No response is made, because our Social Security System establishes compulsory insurance by law.


                                                                                                                                                                            PART II

                                                                                                                                       Form for the annual report

on the European Code of Social Security

PART II

MEDICAL CARE

Article 7

Each Contracting Party for which this Part of this Code is in force shall secure to the persons protected the provision of benefit in respect of a condition requiring medical care of a preventive or curative nature in accordance with the following Articles of this Part.

Article 8

The contingency covered shall include any morbid condition, whatever its cause, and pregnancy and confinement and their consequences.

Article 9

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees, and also their wives and children; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents, and also their wives and children; or

(c) prescribed classes of residents, constituting not less than 50 per cent of all residents.

A.            Please state to which of the sub‑paragraphs of this Article recourse is had.

In Spain, following the legislative amendment introduced by Law 16/2003, of 28 May, on cohesiveness and quality of the National Health System, given by Royal Decree No. 7/2018 of 27 July, on universal access to the National Health System, health protection is no longer linked to employed or self-employed workers, but access is universal according to the criterion of residence. Information regarding sub- paragraphs (a), (b) and (c) is provided.

B.            Please indicate the classes of persons protected in accordance with the provisions of this Article.

Article 3 of Law 16/2003 states:

1. All persons with Spanish nationality and foreign nationals who have established their residence in Spain are entitled to the right to health protection and to health care.

Without prejudice to the above, persons entitled to health care in Spain pursuant to Community regulations coordinating social security systems or bilateral agreements covering the provision of health care shall have access to it, provided that they reside on Spanish territory or during their temporary travel to Spain, in the form, extension and conditions laid down in the above Community or bilateral provisions.

2. In order to give effect to the right referred to in paragraph 1 from the public funds of the competent administrations, persons entitled to those rights shall be subject to one of the following situations:

to have Spanish nationality and habitual residence in Spanish territory.

B) To have their right to health care recognised in Spain by any other legal title, even if they do not have their habitual residence in Spanish territory, provided that there is no third party obliged to pay such assistance.

to be a foreign person with legal and habitual residence in Spanish territory and not to have the obligation to prove compulsory coverage of the health benefit by any other means.

3. Persons who in accordance with paragraph 2 are not entitled to health care from public funds may obtain such benefit by payment of the corresponding consideration or fee arising from the signing of a special agreement.

4. The provisions of the preceding paragraphs of this article do not alter the health care regime for persons who are holders or beneficiaries of special schemes managed by the General Mutuality of Civil Servants of the State, the Mutuality General Judiciary and the Social Institute of the Armed Forces, which shall maintain their specific legal regime.

C.            Please furnish statistical information under this Article as follows:

i. if recourse is had to sub‑paragraph (a), in the form set out in Title I under Article 74 below: or

SELF EMPLOYED WORKERS

% SANITARY COVERAGE

GENERAL SOCIAL SECURITY REGIME

15.548.654

100%

COAL MINING

1.075

100%

SOCIAL SECURITY SEA REGIME

60.673

100%

Total self employed (c/a)

15.610.402

100%

WITH THE RIGHT TO PROTECTION OF HEALTH CARE

15.610.402

100%

Source: Ministerio de Inclusión, Seguridad Social y Migraciones

Información estadística, afiliados medios marzo 2021

                ii. if recourse is had to sub‑paragraph (b),in the form set out in Title II under Article 74 below, or

EMPLOYED PERSONS

% SANITARY COVERAGE

GENERAL SOCIAL SECURITY REGIME

15.548.654

100%

COAL MINING

1.075

100%

SOCIAL SECURITY´S SEA REGIME

60.673

100%

Total self employed (c/a)

15.610.402

100%

TRABAJADORES POR CUENTA PROPIA

% SANITARY COVERAGE

SELF-EMPLOYED SOCIAL SECURITY REGIME

3.277.500

100%

Total self employed (c/a)

3.277.500

100%

WITH THE RIGHT TO PROTECTION OF HEALTH CARE

3.277.500

100%

EMPLOYED PERSONS AND SELF EMPLOYED WORKERS

% SANITARY COVERAGE

TOTAL  (c/a y c/p)

100%

WITH THE RIGHT TO PROTECTION OF HEALTH CARE

18.887.902

100%

Source: Ministerio de Inclusión, Seguridad Social y Migraciones. Información estadística, afiliados medios marzo 2021

          Source: Instituto Nacional de Estadística. Cifras de Población provisionales a 1.07.2020.

% SANITARY COVERAGE

RESIDENTS (INE)

47.351.567

ASSETS ENTITLED TO PROTECTION OF HEALTH CARE

 39,88%

Source: Ministerio de Inclusión, Seguridad Social y Migraciones. Información estadística, afiliados medios marzo 2021

         Source: Instituto Nacional de Estadística. Cifras de Población provisionales a 1.07.2020.

iii. if recourse is had to sub‑paragraph (c), in the form set out in Title III under Article 74 below.

% SANITARY COVERAGE

RESIDENTS (INE)

47.351.567

 ASSETS ENTITLED TO PROTECTION OF HEALTH CARE

46.967.326

99,18%

                Source: Instituto Nacional de Estadística. Cifras de Población provisionales a 1.07.2020.

D.            Please confirm that the dependent wives and children of the persons protected (classes of employees or of the economically active population) are also entitled to the medical benefits stipulated in Article 16, in accordance with the provisions of this Article. Please state, wherever possible, the number of dependent wives and children protected.

In Spain, following the legislative amendment introduced in Law 16/2003, of 28 May, on cohesiveness and quality of the National Health System, given by Royal Decree No. 7/2018 of 27 July, on universal access to the National Health System, health protection is no longer linked to employed or self-employed workers, but access is universal according to the criterion of residence. However, since Act No. 16/2003 has not been regulated in accordance with article 3.1.bis, the existing procedures and databases are maintained prior to the entry into force of Royal Decree-Law 7/2018 (Second Transitional Provision) and the concepts of insured and beneficiary for the purposes of international regulations and the contribution to pharmaceutical services (Singular Additional Provision).

Therefore, all persons with Spanish nationality and foreign nationals who have established their residence on Spanish territory are entitled to the right to health protection and health care. In accordance with the Single Additional Provision of Royal Decree-Law 7/2018, for the purposes of the international standards for the coordination of social security systems, and the consolidated text of the Law on Guarantees and Rational Use of Medicinal Products and Medical Devices, approved by Royal Legislative Decree 1/2015, of 24 July, the concept of insured persons shall be understood to be those who are in any of the cases provided for in article 3.2 of Law 16/2003; And the beneficiaries of such insured persons shall be the spouse or person with similar affectivity relationship, who must certify the corresponding official registration, as well as descendants and persons assimilated by it who are under 26 years of age or who have a disability equal to or greater than 65 per cent, provided that they meet all of the following requirements:

 

A) have their legal and habitual residence in Spain, unless it is not enforceable by virtue of the relevant international norm, or that they are persons who temporarily move to Spain and are in charge of workers transferred by their company outside the Spanish territory in a situation similar to that of discharge in the corresponding social security system.

B )They are not found in any of the following social security schemes:

1. Being employed or self-employed, affiliated and in a situation of discharge or assimilated to that of discharge.

2. To maintain the status of pensioner of such schemes in their contribution form. 

3. Be a recipient of any other periodic benefit under such schemes.

NUMBER OF BENEFICIARIES BY GENDER

Family kinship

MEN

WOMEN

No gender information

Total

SPOUSE

69.252

1.649.468

2.653

1.721.373

DOMESTIC COUPLE

2.099

9.352

24

11.475

EXSPOUSE

43

1.702

1

1.746

Total

71.394

1.660.522

2.678

1.734.594

NUMBER OF BENEFICIARIES BY AGE

NUMBER OF BENEFICIARIES UNDER 18

Family kinship

MALE

WOMEN

No gender information

Total

CHILDREN UNDER 26

3.600.380

3.414.354

6.492

7.021.226

GANDCHILD UNDER 26

8.091

7.688

21

15.800

FOSTERED CHILD IN FACT

2.261

2.224

4

4.489

MINORS WITH GUARDIANSHIP

255

279

1

535

BROTHERS AND SISTERS UNDER 26

72

60

12

144

Total

3.611.059

3.424.605

6.530

7.042.194

NUMBER OF BENEFICIARIES UNDER26 AND ABOVE 18

Family kinship

MALE

WOMEN

No gender information

Total

CHILDREN UNDER 26

869.337

835.747

515

1.705.599

GANDCHILD UNDER 26

420

465

3

888

FOSTERED CHILD IN FACT

33

53

3

89

MINORS WITH GUARDIANSHIP

104

107

1

212

BROTHERS AND SISTERS UNDER 26

134

141

13

288

Total

870.028

836.513

535

1.707.076

NUMBER OF DISABLED BENEFICIARIES

NUMBER OF DISABLED BENEFICIARIES UNDER 26

Family kinship

MALE

WOMEN

No gender information

Total

CHILDREN DISABLED.>= 65%

19.993

14.972

12

34.977

GRANDCHILD DISABLED = 65%

11

8

0

19

BROTHERS OS SISTERS DISABLED .>=65%

53

106

0

159

DISABLED MINORS WITH GUARDIANSHIP

13

17

0

30

Total

20.070

15.103

12

35.185

Source: Base de Datos de Aseguramiento Sanitario BADAS del Instituto Nacional de la Seguridad Social.

E.             If  recourse is had to Article 6 above (voluntary insurance), for all or any of the schemes concerned, please furnish information under this Article in the form set out under Article 6.

Article 10

1.             The benefit shall include at least:

(a) in case of a morbid condition,

i. general practitioners care, including domiciliary visiting;

ii. specialist care at hospitals for in‑patients and out‑patients and such specialist care as may be available outside hospitals;

iii. the essential pharmaceutical supplies as prescribed by medical or other qualified practitioners; and

iv. hospitalisation where necessary; and

(b) in the case of pregnancy, confinement and their consequences,

i. pre‑natal, confinement and post‑natal care either by medical practitioners or by qualified midwives; and

ii. hospitalisation where necessary.

2.             The beneficiary or his breadwinner may be required to share in the costs of the medical care the beneficiary receives in respect of a morbid condition; the rules concerning such cost‑sharing shall be so designed as to avoid hardship.

3.             The benefit provided in accordance with this Article shall be afforded with a view to maintaining, restoring or improving the health of the person protected and his ability to work and to attend to his personal needs.

4.             The institutions or government departments administering the benefit shall, by such means as may be deemed appropriate, encourage the persons protected to avail themselves of the general health services placed at their disposal by the public authorities or by other bodies recognised by the public authorities.

A.            Please state in detail the nature of the benefits provided under each scheme concerned, with reference to paragraph 1 of this Article, specifying, more particularly, the pharmaceutical supplies provided and the services provided in case of hospitalisation.

The National Health System benefits catalogue shall include the benefits of:

• Public health: It is the set of initiatives organised by public administrations to preserve, protect and promote the health of the population. It is a combination of sciences, skills and activities aimed at maintaining and improving the health of all people through collective or social actions.

• Primary care: It includes health promotion, health education, disease prevention, health care, health maintenance and recovery, as well as physical rehabilitation and social work. Specifically, it includes:

             Health care on demand, scheduled and urgent both at the clinic and in the patient’s home

             Indication or prescription and, where appropriate, carrying out diagnostic and therapeutic procedures

             Activities in prevention, health promotion, family care and community care

             Information and surveillance activities in health protection

             Basic rehabilitation.

Specific care and services relating to women (including care for pregnancy and post-partum care), childhood, adolescence, adults, the elderly, risk groups and chronic patients.

            

             Palliative care for terminally ill patients.

             Mental health care in coordination with specialised care services

Oral-dental health care, which includes care, diagnostic and therapeutic activities (treatment of acute dental processes), as well as health promotion, health education and preventive care aimed at oral health care, including preventive examination of the oral cavity of pregnant women and preventive and preventive measures for the child population; Certain treatments (repair of temporary teething, orthodontic treatments, exodonance of healthy parts, treatments with exclusively aesthetic purposes, etc.) are excluded.

• Specialised care: It includes care, diagnostic, therapeutic, rehabilitation and care activities, as well as health promotion, health education and disease prevention, the nature of which advises that they be carried out at this level. Specialised care will ensure the continuity of comprehensive care to the patient, once the possibilities of primary care have been exceeded and until the primary care can be reintegrated at that level. Specifically, it includes:

Specialised consultation assistance.

Specialised assistance in day, medical and surgical hospitals.

Hospitalisation in a hospitalisation regime that includes medical, surgical, obstetric and paediatric care.

Support for primary care in early hospital discharge and, where appropriate, home hospitalisation.

Indication or prescription, and the completion, where appropriate, of diagnostic and therapeutic procedures.

Prevention services.

  Palliative care for terminally ill patients

Mental health care.

Rehabilitation in patients with recoverable functional deficit

• Emergency care: It is the one given to the patient in cases where his/her clinical situation requires immediate health care. It will be provided both at and outside health facilities, including the patient’s home and on-site care, 24 hours a day, through medical and nursing care, and with the collaboration of other professionals.

• Pharmaceutical allowance: It includes medicines and medical devices and the set of actions aimed at ensuring that patients receive them appropriately to their clinical needs, at the precise doses according to their individual requirements, for the appropriate period of time and at the lowest possible cost to them and to the community.

• Orthoprosthetic provision: consists of the use of medical devices, whether implantable or not, whose purpose is to replace wholly or partially a body structure, or to modify, correct or facilitate its function, including the necessary elements to improve the quality of life and autonomy of the user. This provision shall be provided by the health services or shall give rise to financial support.

• Provision of dietary products: It includes dispensing dietary treatments to people suffering from certain congenital metabolic disorders and home enteral nutrition for patients who are unable to meet their nutritional needs, because of their clinical situation, with foods for ordinary consumption. This provision shall be provided by the health services or shall give rise to financial support.

• Health transport provision: It consists of the displacement of patients for exclusively clinical reasons, whose situation prevents them from travelling in the ordinary means of transport, facilitated by the competent health administrations.

B.             If recourse is had to paragraph 2 please indicate, for each type of benefit enumerated in paragraph 1 (a), the extent to which the patient or the breadwinner is required to share in the cost of the medical care received. Please state what measures are taken to ensure that cost‑sharing does not involve hardship.

Only the outpatient pharmaceutical benefit provided by official prescription or dispensing order through pharmacy offices shall be subject to user input. In the case of hospitalisation, the pharmaceutical benefit is free of charge.

The user’s contribution shall be proportional to the level of income that will be updated at most annually.

As a general rule, the user contribution percentage will follow the following scheme:

a) 60 % of the PVP for users and their beneficiaries whose income is equal to or greater than EUR 100,000 entered in the general liquidable base box and the savings on the return on the income of physical persons.

b) 50 % of the PVP for persons who have the status of active insured person and their beneficiaries whose income is equal to or greater than EUR 18,000 and less than EUR 100,000 shown in the general liquidable base box and the savings on the return on the income of physical persons.

c) 40 per cent of PVP for persons holding active insured status and their beneficiaries who are not included in subparagraphs (a) or (b) above.

d) 10 per cent of the PVP for persons who enjoy the status of insured persons as social security pensioners and their beneficiaries, with the exception of persons included in subparagraph (a). 

In order to ensure the continuity of treatments of a chronic nature and to ensure a high level of equity for pensioners with long-term treatments, the general percentages shall be subject to maximum contribution caps in the following cases:

A)10 % of PVP in drugs belonging to the ATC groups (Anatomical Classification System, Therapeutic, WHO Chemistry) with a maximum contribution of EUR 4.24.

B) For persons who have the status of insured as social security pensioners and their beneficiaries whose income is less than EUR 18,000 entered in the general liquidable base box and savings from the tax return on the income of individuals or who are not included in the following subparagraphs (c) or (d), up to a maximum monthly contribution limit of EUR 8.23.

C) For persons who have the status of insured as social security pensioners and their beneficiaries whose income is equal to or greater than EUR 18,000 and less than EUR 100,000 entered in the general liquidable base box and the savings on the return on the income tax of individuals, up to a maximum monthly contribution limit of EUR 18.52.

D) For persons who have the status of insurer as a social security pensioner and their beneficiaries whose income exceeds EUR 100,000 entered in the general liquidable base box and savings from the tax return on the income of individuals, up to a maximum monthly contribution limit of EUR 61.75. 

E)40 per cent of the PVP for foreign persons not registered or authorised as residents of Spain referred to in article 3 ter of Law 16/2003 of 28 May.

Users and their beneficiaries belonging to one of the following categories shall be exempt from contribution:

 

·         affected by toxic syndrome and persons with disabilities in the cases covered by its specific regulations.

·         persons receiving social integration incomes.

·         persons receiving non-contributory pensions.

·         unemployed persons who have lost the right to unemployment benefit for as long as their situation persists.

·         persons with treatment resulting from accidents at work and occupational disease.

·         persons benefiting from the minimum living income.

·         minors with a recognised degree of disability equal to or greater than 33 per cent.

·         persons receiving the social security benefit for a dependent child or minor in permanent foster care or foster care for the purposes of adoption.

·         social Security pensioners, whose annual income is less than EUR 5,635 entered in the general liquidable base box and the savings on the return on the income tax of individuals, and those who, if they are not required to file such a declaration, receive an annual income of less than EUR 11,200.

The level of contribution of persons in the General Mutuality of Civil Servants of the State, the Social Institute of the Armed Forces and the General Mutuality of the Judiciary shall be 30 per cent in general, with the provisions of subparagraphs 6 (a) and 8 (e) being applied. 

(Article 102, paragraphs 2, 5, 6 and 8, of Royal Legislative Decree 1/2015 of 24 July approving the consolidated text of the Law on Guarantees and Wise Use of Medicinal Products and Medical Devices)

C.            Please confirm that, in accordance with paragraph 2, cost‑sharing is not required in the case of pregnancy and confinement and their consequences. If the scheme provides for the reimbursement of the expenses which the beneficiary or her breadwinner was obliged to incur in order to obtain the benefits stipulated in paragraph 1 (b) please furnish any available information to show that the beneficiary or her breadwinner does not share in the cost of such benefits.

Health care provided during pre-partum, childbirth and postpartum by doctors and other health personnel does not imply any participation of the beneficiary in its cost. We mean health care for this purpose as provided for in article 10.1(b) of the Code.

The provision of health care shall be provided only by centres, establishments and services of the National Health System, own or concerted, except in situations of vital risk, where it is justified that the means of the health system could not be used.

In such cases of urgent, immediate and vital health care that have been treated outside the National Health System, the costs of such care shall be reimbursed, once it has been established that the services of the system could not be used in a timely manner and that it does not constitute a misuse or abuse of this exception. All this is without prejudice to the provisions of international agreements to which Spain is a party or to rules of domestic law governing the provision of health care in cases of the provision of services abroad (article 4.3 of Royal Decree 1030/2006, of 15 September, establishing the portfolio of common services of the National Health System and the procedure for its updating).

D.            Please state in detail what measures are taken to give effect to the provisions of paragraphs 3 and 4 of this Article.

In general, it should be noted that in Spain the health system is a National Health System (SNS) that provides protection to the entire population. It is a decentralised system, in which the responsibility for health care management rests with the 17 Autonomous Communities and in the case of the cities of Ceuta and Melilla, in the Health Management Institute, and it is also incumbent on them to establish the procedure for access to the services that give effect to the benefits.

The benefits provided by the SNS are included in Royal Decree 1030/2006 of 15 September, which establishes the portfolio of common services of the National Health System and the procedure for their updating. All Autonomous Communities must at least provide the common portfolio of services. All users of the National Health System shall have access to the common portfolio, provided that there is a clinical and health indication for this, on conditions of effective equality, regardless of whether or not a technique, technology or procedure is available in the geographical area in which they reside.

 

One of the requirements required to include in the common portfolio of services any technique, technology or procedure is to contribute effectively to the prevention, diagnosis or treatment of diseases, to the preservation or improvement of life expectancy, to self-validation or to the elimination or reduction of pain and suffering, and therefore all the benefits of the common portfolio aim to preserve, restore or improve the health of people and their ability to work and to meet their personal needs.

Article 11

The benefit specified in Article 10 shall, in a contingency covered, be secured at least to a person protected who has completed, or whose breadwinner has completed such qualifying period as may be considered necessary to preclude abuse.

Please state, for each scheme concerned, the length of the qualifying period which has been considered necessary to preclude abuse. Please summarise the rules concerning the computation of the qualifying period.

Provided that they comply with the conditions laid down in article 3.2 of Law 16/2003 (holders/insured persons) and the Single Additional Provision of Royal Decree-Law 7/2018 (beneficiaries), the right to health care shall be granted without the need to prove any period of absence.

Article 12

The benefit specified in Article 10 shall be granted throughout the contingency covered, except that, in case of a morbid condition, its duration may be limited to 26 weeks in each case, but benefit shall not be suspended while a sickness benefit continues to be paid, and provision shall be made to enable the limit to be extended for prescribed diseases recognised as entailing prolonged care.

1.             Please state, for each scheme concerned, whether the duration of all or any of the medical benefits referred to in paragraph 1 (a) of Article 10 is limited; if so, please specify:

(a) the limit or limits fixed, in general, for each type of benefit;

(b) the limit or limits fixed in case of diseases recognised as entailing prolonged care.

No limit has been set for the duration of health care benefits (provided that the right is maintained in accordance with the applicable rules), even in the case of diseases requiring prolonged treatment.

2.             Please indicate, with reference to Article 68, the provisions, if any, for the suspension of the medical benefits referred to in Article 10, under each scheme or schemes concerned.

In general, medical benefits are not subject to suspension.

However, the situation of “voluntary seniority” may apply in cases where the beneficiary refuses to continue the medical treatment provided to him, except in cases of risk to public health, decision-making incapacity and urgency that does not allow delay. In the event of a request for discharge by the beneficiary, a “voluntary discharge” is issued in the refused treatment, which entails the suspension of the corresponding medical allowance.

 

In addition, in order to maintain the right to health benefits where residence in Spanish territory is required, the beneficiary of such benefits shall be deemed to have his or her habitual residence in Spain even if he has had stays abroad, provided that they do not exceed ninety calendar days throughout each calendar year (article 51.3 of Royal Legislative Decree 8/2015 of 30 October, approving the consolidated text of the General Social Security Act (TRLGSS).
PART III

 Form for the annual report

 on the European Code of Social Security

PART III

SICKNESS BENEFIT

Article 13

Each Contracting Party for which this Part of the Code is in force shall secure to the persons protected the provision of sickness benefit in accordance with the following Articles of this Part.

Article 14

The contingency covered shall include incapacity for work resulting from a morbid condition and involving suspension of earnings, as defined by national laws or regulations.

Article 15

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

A.            Please state to which of the sub‑paragraphs of this Article recourse is had.

According to our Social Security legislation, both salaried and non-employee workers included in any of the schemes of the System are considered beneficiaries of the temporary disability benefit. Therefore, the forecasts contained in both subparagraphs (a) and (b) are complied with.

B.            Please indicate the classes of persons protected in accordance with the provisions of this Article, unless

recourse is had to sub‑paragraph (c).

Persons included in the General Social Security Scheme who are in any of the situations subject to protection (Article 169 TRLGSS) shall be entitled to the temporary incapacity allowance provided that, in addition to having the general condition of being affiliated and in a high or similar situation at the time of the contingency, they prove the following minimum contribution periods:

1.   in the case of a common disease, one hundred and eighty days within the five years immediately preceding the cause.

2.   in the event of an accident, whether at work or not, and occupational disease, no prior period of contribution shall be required (Article 172 TRLGSS).

Workers included in the Special System for Domestic Employees shall be entitled to social security benefits under the terms and conditions laid down in the General Social Security Scheme, with certain peculiarities (art. 251 TRLGSS).g

Workers included in the Special System for Farm Workers shall be entitled to social security benefits under the terms and conditions laid down in the General Social Security Scheme, with certain specific features:

·    For the recognition of the corresponding financial benefits, workers must be kept up to date in the payment of contributions corresponding to periods of inactivity, for which they are responsible.

·    During periods of inactivity, the protective action of the special system shall include financial benefits for maternity, paternity, permanent incapacity and death and survival resulting from common contingencies, as well as retirement. That is, it shall not include temporary incapacity benefit (Article 256 TRLGSS).

The coverage of the temporary incapacity benefit under the Special Conditions of employed or Self-employed Workers shall be compulsory, unless such benefit is covered by the activity carried out under another social security scheme (Article 315 TRLGSS). 

In any case, for the recognition and payment of benefits, workers included in this special scheme must comply with the requirement to be aware of the payment of contributions (Article 314 TRLGSS).

However, the coverage of temporary incapacity and contingencies of accidents at work and occupational disease shall be voluntary in the Special System for Self-employed agrary Workers (art. 326 TRLGSS)

The financial benefit for temporary incapacity resulting from common illness or non-work accident, accident at work or occupational disease shall be granted to employed and self-employed persons under the Special Scheme for the Social Security of Seafarers under the same conditions and with the same requirements as those laid down in the rules in force of the General Regime or, where appropriate, the Special Regime for the Social Security of Workers of Self-employed or Self-employed Persons (Article 23.1 of the Social Protection Act 47/2015).

In the Special Coal Mining Scheme, the benefit is recognised under the same terms and conditions as in the General Social Security Scheme, with the following particularity: Where the incapacity arises from common contingencies, the regulatory basis for the benefit is the standard basis for the worker, at any time, according to the occupational category he had at the beginning of that situation (articles 5 and 12 of Decree 298/1973 of 8 February, which regulates the Special Social Security Scheme for Coal Mining). Article 12 of the Order of 3 April 1973.

C.            Please furnish statistical information under this Article, as follows:

i. if recourse is had to sub‑paragraph (a), in the form set out in Title I under Article 74 below; or

ii. if recourse is had to sub‑paragraph (b), in the form set out in Title II under Article 74 below; or

iii. if recourse is had to sub‑paragraph (c), in the form set out in Title IV under Article 74 below.

This information is provided in Part XI of the present report.

D.            If recourse is had to Article 6 above (voluntary insurance) for all or any of the schemes concerned, please furnish information under this Article in the form set out under Article 6.

Temporary disability benefits are included in the protective action of all the schemes that make up the social security system.

However, the coverage of temporary incapacity will be voluntary in the Special System for Self-employed Workers.

As a general rule, it should be borne in mind that, since social security benefits do not reach 100 % of the wages that are being received, collective agreements and other agreements between employers and workers may contain the employer’s obligation to supplement the social security benefit until a certain percentage of the usual wage is reached (in almost all cases, the supplement agreed serves to reach 100 % of the usual remuneration). These professional agreements have the force of law between the signatory parties and are guaranteed administratively and judicially.

Article 16

1.             Where classes of employees or classes of the economically active population are protected, the benefit shall be periodical payment calculated in such a manner as to comply with the requirements of Article 65 or with the requirements of Article 66.

2.             Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67; provided that a prescribed benefit shall be guaranteed, without means test, to the prescribed classes of persons determined in accordance with Article 15 (a) or (b).

A.            If recourse is had to sub‑paragraphs (a) or (b) of Article 15 for determining the persons protected please state whether recourse is had, for the calculation of the benefit, to the provisions of Article 65 or to those of Article 66.

Please furnish information under this Article as follows:

i.                     if recourse is had to Article 65, in the form set out in Titles I, II, and V under Article 65 below;

The rules governing the calculation of sickness benefits (temporary disability) comply with the provisions of Article 65 of the Code.

The temporary disability benefit consists of a subsidy equivalent to some per cent on a regulatory basis.

Where the temporary incapacity arises from common contingencies, the regulatory basis shall be the result of dividing the amount of the common contingency basis of the month immediately preceding the month in which the causative event occurs by the number of days to which such a contribution relates. The benefit is paid by applying 60 per cent of the regulatory base from the fourth day of medical leave until the twentieth, and from the twenty-first day onwards, 75 per cent of the regulatory base is paid.

Where the temporary incapacity arises from professional contingencies, the regulatory basis shall be the result of adding the occupational contingency contribution base of the month preceding the causative event, without overtime, divided by the number of days to which that contribution corresponds, plus overtime hours performed in the previous year divided by 365 days. The benefit is paid from the day following medical leave, applying 75 percent on the regulatory basis.

The provisions of article 65 of the Code are therefore met, since the amount of the benefit fixed as a minimum in article 65.1 in relation to the annex to Part XI of the Code is 45 per cent of the total previous gain of the beneficiary and the amount of family allowances for a male with a spouse and two children; Our legislation provides at least (in the case of a common illness of more than 3 days and less than 20 days) that the amount of the allowance shall be 60 % of the contribution base of the month preceding the cause. On the other hand, family benefits do not suffer any loss during medical leave.

It should be borne in mind that the contribution base (reference module for the calculation of the benefit) includes not only the monthly remuneration but other concepts of maturity exceeding the month, which represents a contributionable amount higher than the actual remuneration received by the worker each month. 

The amount of the benefit within the meaning of Article 65.3 is subject to a maximum of 75 % of the amount fixed as the maximum contribution base corresponding to the worker’s occupational category (this is the case of benefit

The amount of the benefit within the meaning of Article 65.3 is subject to a maximum of 75 % of the amount fixed as the maximum contribution base for the worker’s occupational category (this is the case of temporary incapacity benefit arising from occupational contingencies). The portion of wages exceeding the maximum contribution base shall not be compensated by the social security allowance but, where appropriate, according to the provisions of the Collective Agreement in this regard. The maximum contribution base is EUR 4,070 per month for 2021. 

Thus, the minimum set out in article 65.3 is complied with, since the condition that the previous gain of the type beneficiary is subsidised by the benefit he receives in excess of 45 % of the salary of a qualified male worker is respected.

ii. if recourse is had to Article 66, in the form set out in Titles I, II and V under Article 66 below.

This information is provided in Part XI of the present report.

The amount of the benefit is calculated in the manner indicated above, having the worker’s salary impact on that amount, on the basis of the contribution base of the month preceding the causative event.

 

The benefit does not vary according to the sex of the worker, his or her family situation, without varying benefits throughout the national territory.

B.            If, under Article 15, recourse is had to sub‑paragraph (c) for determining the persons protected please furnish under this Article information in the form set out in Titles I and II under Article 67 and in Title I under Article 66 below.

No use has been made of article 15 (c).

If recourse is had to sub‑paragraph (d) of Article 67 please furnish information in the form set out in the different Titles under Article 67 below.

The amount of the benefit is calculated in the manner indicated above, with the percentages referred to, which do not vary. 

The amount of the benefit does not affect the income that the beneficiary may have or his or her family situation.

C.            Please state what measures are taken to guarantee, without means test, a prescribed benefit to the prescribed classes of persons determined in accordance with Article 15 (a) or (b).

Temporary incapacity benefits are part of the protective action of the various schemes of the social security system and constitute inalienable rights, as laid down in the general social security legislation.

The various schemes of the system cover both salaried and non-employee workers, although workers included in the Special System for Self-employed Workers may choose to exclude from the protective action benefits for temporary incapacity, in exchange for a reduction in their contribution (quota) to social security.

Under no circumstances are the economic resources or means of the protected worker taken into account to recognise him as a beneficiary of these benefits. This condition is determined by their status of discharge or assimilated to discharge in some System Regime and the concurrence, where appropriate, of the prior period of contribution.

On the other hand, this protection is also extended to unemployed wage-earners if they are entitled to contributory benefit for this purpose. 

Independently, they are also entitled to continue to receive the allowance those who have terminated their contract during the medical leave situation, without examination of their financial resources.

Article 17

The benefit specified in Article 16 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.

Please state, for each scheme concerned, the length of the qualifying period which has been considered necessary to preclude abuse. Please summarise the rules concerning the computation of the qualifying period.

The temporary incapacity benefit shall be paid to the above categories of workers, provided that they have the following minimum contribution periods:

1.        in the case of a common disease, one hundred and eighty days within the five years immediately preceding the cause. 

2.        in the event of an accident, whether at work or not, and occupational disease, no prior period of contribution shall be required.

Article 18

The benefit specified in Article 16 shall be granted throughout the contingency, except that the benefit may be limited to 26 weeks in each case of sickness, and it need not be paid for the first three days of suspension of earnings.

1. Please state, for each scheme concerned, whether the duration of sickness benefit is limited and, if so, specify the limit or limits fixed and indicate how they are determined. Please state whether a waiting period is provided for and, if so, indicate the length of such period and the rules concerning its computation.

The temporary incapacity benefit, in the event of a non-work accident and common illness, shall be paid from the fourth day from the date of dismissal from work (Article 8 of the Order of 13 October 1967).

There is no waiting period in proceedings due to accidents at work or occupational disease.

The benefit has a maximum duration of 365 days, extendable for a further 180 days when it is presumed that during these days the worker may be discharged by cure.

For the purposes of the maximum duration of the temporary incapacity situation and its possible extension, relapse and observation periods shall be computed.

Relapse into the same process shall be deemed to occur when a new medical leave occurs for the same or similar pathology within one hundred and eighty calendar days following the date of effects of the previous medical discharge.

 

Periods of observation due to occupational disease in which leave from work is prescribed during these periods, with a maximum duration of six months, which may be extended for a further six months where it is deemed necessary for the study and diagnosis of the disease (Article 169 TRLGSS).

2. Please indicate, with reference to Article 68 below, the provisions, if any, for the suspension of sickness benefit under the scheme or schemes concerned.

The right to temporary incapacity allowance may be denied, cancelled or suspended:

A) Where the beneficiary has acted fraudulently to obtain or retain such benefit.

B) When the beneficiary works for himself or herself.

Entitlement to the allowance may also be suspended if, without reasonable cause, the beneficiary rejects or abandons the treatment indicated to him or her. 

The non-appearance of the beneficiary to any of the calls made by physicians attached to the National Social Security Institute and to the mutual collaborators with the Social Security for examination and medical examination shall result in the precautionary suspension of the right, in order to verify whether the right was justified or not (art. 175 TRLGSS).
PART IV

Form for the annual report

on the European Code of Social Security

PART IV

UNEMPLOYMENT BENEFIT

Article 19

Each Contracting Party for which this Part of the Code is in force shall secure to the persons protected the provision of unemployment benefit in accordance with the following Articles of this Part.

Article 20

The contingency covered shall include suspension of earnings, as defined by national laws or regulations, due to inability to obtain suitable employment in the case of a person protected who is capable of, and available for, work.

Please give the definition of the contingency which, under national laws or regulations, gives rise to unemployment benefit.

The contingency of protected unemployment, as defined in the consolidated text of the General Social Security Act, approved by Royal Legislative Decree No. 8/2015 of 30 October, is the situation in which those who are able and willing to work permanently lose their employment or temporarily find their contract suspended or reduced for a period of time between a minimum of 10 per cent and a maximum of 70 per cent, under the terms provided for in the Act, with the corresponding loss of income in all cases.

Article 21

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

A.            Please state to which of the sub‑paragraphs of this Article recourse is had.

Subparagraph (a) of this article is chosen.

B.            If recourse is had to sub‑paragraph (a) please indicate the classes of persons protected, in accordance with the provisions of this Article.

In accordance with article 264 of Royal Legislative Decree 8/2015 of 30 October, the following shall be covered by unemployment protection:

employed persons included in the General Social Security Scheme.

employed persons included in special social security schemes which protect this contingency, subject to the specificities established by regulation: Special Regime of the Sea and Special Regime for Coal Mining.

migrant workers returning to Spain and those released from prison under the conditions laid down in this title.

temporary staff, temporary staff, as well as staff recruited in due course under administrative law in the service of the public administrations.

members of local corporations and members of the General Boards of the Historical Territories, Canary Island Councils and Balearic Island Councils and the representative offices of trade union organisations established under Organic Law 11/1985 of 2 August, on freedom of association, who exercise managerial trade union functions, provided that they all hold the above-mentioned positions on full-time or part-time basis and receive an employed person ' s account. 

“(f) High-time positions of public administrations who are paid for this purpose and are not civil servants, under the conditions laid down in this title for employed persons, unless they are entitled to remuneration, compensation or any other form of compensatory benefit as a result of their termination.

As regards persons belonging to groups of seafarers, fishermen, the Spanish unemployment protection scheme expressly includes:

·     Law 47/2015 of 21 October, regulating the social protection of workers in the maritime-fishing sector (art. 14.1.m) provides that seafarers, including fishermen, are entitled to unemployment benefits under the same conditions as other employed workers; It excludes only the directors and administrators of capitalist commercial companies, under the same conditions as the General Social Security Law, from the same status as employed workers (Article 5) and port practices which, for the purpose of carrying out their activities, are constituted as companies licensed by the pilotage port service. The Social Institute of the Navy is responsible for the management of unemployment protection for this group, although funding is provided through the budgets of the State Public Employment Service.

 

             Https://www.boe.es/buscar/pdf/2015/BOE-A-2015-11346-consolidado.pdf

C.            Please furnish statistical information under this Article, as follows:

i. if recourse is had to sub‑paragraph (a), in the form set out in Title I under Article 74 below; or

ii.                    if recourse is had to sub‑paragraph (b), in the form set out in Title IV under Article 74 below.

(Data  and statistics on unemployment benefits are attached in section III of this report)

D.            If use is made of Article 6 above (voluntary insurance) for all or any of the schemes concerned, please furnish information under this Article in the form set out under Article 6.

Article 22

1.             Where classes of employees are protected, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.

2.             Where all residents whose means during the contingency do not exceed prescribed limits are protected, the benefit shall be a periodical payment calculated in such a manner as to comply with the requirements of Article 67; provided that a prescribed benefit shall be guaranteed, without means test, to the prescribed classes of employees determined in accordance with Article 21 (a).

A.            If recourse is had to sub‑paragraph (a) of Article 21 for defining the scope of protection, please state whether recourse is had to the provisions of Article 65 or to those of Article 66 for the calculation of unemployment benefit.

Please furnish, under this Article, information as follows:

i. if recourse is had to Article 65, in the form set out in Titles I, II and V under Article 65 below; or

iii.                  if recourse is had to Article 66, in the form set out in Titles I, II and V under Article 66 below.

Calculation rules for the scope of protection.

Unemployment benefits at contributory level are calculated in accordance with the provisions of Article 65.

B.            If recourse is had to sub‑paragraph (b) of Article 21 for defining the scope of protection please furnish, under this Article, information in the form set out in Titles I and II under Article 67 and in Title I under Article 66 below.


C.            Please state what measures are taken to guarantee, without means test, a prescribed benefit to the prescribed classes of persons determined in accordance with Article 21 (a).

Measures to ensure access to unemployment benefit

Persons complying with the requirements laid down in Article 266 shall apply to the competent management body for recognition of entitlement to benefits which shall arise from the occurrence of the legal situation of unemployment, provided that it is requested within the following fifteen days. The application will require registration as a job seeker. Also, on the date of application, the activity commitment must be signed (arts. 268 and 300 TRLGSS).

Unemployment benefits must be applied to an SEPE Benefit Office for workers who have lost their jobs.

The employer must have provided the company certificate as laid down in one of the obligations of Article 298 TRLGSS.

The worker shall provide the necessary documentation for the recognition of the benefit, as laid down in one of the obligations of Article 299 TRLGSS.

In general, except in specific cases, the documentation to be provided is limited to the company certificate, currently transmitted by telematic means to the SEPE. This document makes it possible to verify that the worker is in a legal situation of unemployment.

The legal situation of unemployment must be substantiated by other supplementary documents in other cases:

·         Minutes of administrative or judicial conciliation or final judicial decision

·         Communication by the labour authority of the employer’s decision taken in the framework of a file regulating the termination of the employment relationship, suspension of contract or reduction of working hours.

·         Report of the Public Prosecutor’s Office indicating the existence of signs of being a victim of gender-based violence

·         Certification of the competent body of the local corporation, General Board of the Historical Territory, Island Council, Island Council or Public Administration or trade union, together with a statement by the holder of the post ceased that he is not in a situation of compulsory leave, or in any other permitting him to re-enter a job.

The rest of the information on periods worked and contributions made by company and worker is included in the database of working life and social security contributions. For the purposes of applying the ceilings on the amount of the benefit, the applicant must show the family book containing the information of the children.

The requirements for access to the benefit are as follows:

·         Register as an employment applicant and maintain such registration throughout the period of receipt of the benefit.

·         To be affiliated and in a situation of discharge or assimilated to social security, in a regime that provides for unemployment contingency. 

·         Being in a legal situation of unemployment:

o    when their employment relationship is extinguished:

§   By virtue of collective dismissal, adopted by decision of the employer under the terms of article 51 of the consolidated text of the Workers’ Statute Act, or a judicial decision adopted in a insolvency proceeding.

§  For death, retirement or incapacity of the individual employer, when they determine the termination of the employment contract.

§   By dismissal.

§  In the case provided for in Article 111(1)(b) of the Law on Social Jurisdiction, during the proceedings against the judgment declaring the dismissal inadmissible, the worker shall be deemed to be in a legal situation of involuntary unemployment, entitled to unemployment benefits, provided that the requirements set out in this Title are met, for the duration which corresponds to him in accordance with the provisions of articles 269 or 277.2 of this Act, depending on the periods of paid employment credited.

§   For termination of the contract for objective reasons.

§  By voluntary decision by the worker, in the cases provided for in Articles 40, 41.3, 49.1.m) and 50 of the consolidated text of the Workers’ Statute Act.

§  Upon expiry of the agreed time or performance of the work or service subject to the contract, provided that such causes have not acted upon the worker’s complaint.

§  In the case provided for in article 147 of the Law on Social Jurisdiction and without prejudice to the provisions of the Act, workers shall be understood in the legal situation of unemployment set out in the preceding paragraph by the end of the last temporary contract and the managing body shall grant them unemployment benefits if they meet the rest of the requirements. 

§  By resolution of the employment relationship during the probationary period at the employer’s request, provided that the termination of the previous employment relationship was due to one of the cases referred to in this paragraph or has elapsed a period of three months after that termination.

o    When the contract is suspended:

§   By decision of the employer pursuant to article 47 of the consolidated text of the Law on the Status of Workers or pursuant to a court decision adopted in a insolvency proceeding, in both cases under the terms of Article 262.2 of this Law. 

§  By decision of female workers who are victims of gender-based violence under the provisions of article 45.1.n) of the consolidated text of the Workers’ Statute Act.

o    When the ordinary day of work is temporarily reduced by decision of the employer pursuant to article 47 of the consolidated text of the Workers’ Statute Act or pursuant to a court decision adopted in a insolvency proceeding, in both cases under the terms of Article 262.3 of this Act.

o    or (d) During periods of productive inactivity of permanent discontinuous workers, including those engaged in fixed and periodic work which is repeated on certain dates.

o    References to the discontinuous fixtures of Title III of this Act and its implementing regulations also include workers who perform fixed and periodic jobs which are repeated on certain dates.

o    or (e) When workers return to Spain for extinguishing their employment relationship in the foreign country, provided that they do not obtain unemployment benefit in that country and credit sufficient contributions before leaving Spain. 

o    or (f) Where, in the cases referred to in paragraphs (e) and (f) of article 264.1, the involuntary and definitive termination of the posts takes place, or when, while retaining the position, the full or part-time loss is inadvertently and definitively lost.

The availability to actively seek employment and to accept a suitable job must be proven through the signing of an activity commitment.

• A minimum contribution period for this contingency of 360 days must be covered within six years prior to the legal situation of unemployment or the time at which the obligation to contribute ceased.

• In the case of returnees who paid for unemployment in Spain before emigrating, they must be covered by a minimum contribution period of 360 days within the 6 years prior to the date of emigration, provided that they have not been counted for the birth of an earlier right. In addition, it shall not be receiving unemployment benefit in any other State of the European Economic Area or Switzerland.

• Not to engage in a self-employed activity or full-time employed work, except for compatibility established by an employment promotion programme.

• Failure to reach the ordinary age required in each case to cause entitlement to the pension contributory pension, unless the worker is not entitled to the pension due to a lack of accreditation of the contribution period required to do so, or cases of suspension of the employment relationship or reduction of working hours authorised by administrative decision. 

• Not included in any of the causes of incompatibility

Article 23

The benefit specified in Article 22 shall, in a contingency covered, be secured at least to a person protected who has completed such qualifying period as may be considered necessary to preclude abuse.

Please indicate, for each scheme concerned, the length of the qualifying period which has been considered necessary to preclude abuse. Please summarise the rules concerning the computation of the qualifying period.

In order to qualify for unemployment benefit, it is necessary to have a minimum period of contribution covered by the unemployment contingency of 360 days, within six years prior to the legal situation of unemployment, or from the recognition of a right to receive previous benefits.

Article 24

1.             The benefit specified in Article 22 shall be granted throughout the contingency, except that its duration may be limited,

(a) where classes of employees are protected, to 13 weeks within a period of 12 months, or to 13 weeks in each case of suspension of earnings; or

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, to 26 weeks within a period of 12 months; provided that the duration of the prescribed benefit guaranteed without a means test, may be limited in accordance with sub‑paragraph (a) of this paragraph.

2.             Where national laws or regulations provide that the duration of the benefit shall vary with the length of the contribution period and/or the benefit previously received within a prescribed period, the provisions of paragraph 1 of this Article shall be deemed to be fulfilled if the average duration of benefit is at least 13 weeks within a period of 12 months.

3.             The benefit need not be paid for a waiting period of the first seven days in each case of suspension of earnings, counting days of unemployment before and after temporary employment lasting not more than a prescribed period as part of the same case of suspension of earnings.

4.             In the case of seasonal workers, the duration of the benefit and the waiting period may be adapted to their conditions of employment.

              1. Please state whether the duration of unemployment benefit is limited and, if so, which are the limit or limits fixed.

The maximum duration of the contribution benefit for unemployment is 720 days.

2. Please state whether recourse is had to paragraph 2 of this Article; if so, please give a summary of the rules concerning the computation of the benefit period, according to the length of the contribution period or according to the benefits previously received. Please also furnish information, in accordance with paragraph 1 (b) of Article 74 showing that the average duration of benefit is at least 13 weeks within a period of 12 months.

The duration of the benefit is based on the period of employment paid in the last six years prior to the legal situation of unemployment or the time at which the obligation to contribute ceased, or, where applicable, from the birth of the right to the previous unemployment benefit, on the following scale:

Period of employment quoted in the last 6 years

Duration of benefit

From 360 to 539 days

120 days

From 540 to 719 days

180 days

From 720 to 899 days

240 days

From 900 to 1.079 days

300 days

From 1.080 to 1.259 days

360 days

From 1.260 to 1.439 days

420 days

From 1.440 to 1.619 days

480 days

From 1.620 to 1.799 days

540 days

From 1.800 to 1.979 days

600 days

From 1.980 to 2.159 days

660 days

From 2.160 days

720 days

3. Please state whether a waiting period is provided for and, if so, state the length of such period and the rules concerning its computation. Please also state the maximum period of employment which is deemed temporary in the meaning of paragraph 3 of this Article.

In Spanish unemployment protection legislation, there is no waiting period for access to unemployment benefit, with the following nuances: 

• In the event that the period corresponding to the paid annual leave has not been enjoyed before the end of the employment relationship, or before the end of the seasonal or campaign activity of the permanent discontinuous workers, the legal situation of unemployment and the birth of the entitlement to benefits shall occur after the expiration of that period.

4. Please state whether any special rules have been adopted as regards benefits for seasonal workers and, if so, what are these rules.

In the Spanish legislation on unemployment protection there is no specific regulation for seasonal workers, but there is provision for protection for permanent-discontinuous workers, so to this end we can assimilate them.They will also be in a legal situation of unemployment when they are in a period of productive inactivity, giving rise to this situation to obtain the benefit..

5. Please indicate, with reference to Article 68 below, more particularly sub‑paragraphs (h) and (i), the provisions, if any, for the suspension of unemployment benefit, under the scheme or schemes concerned.

In accordance with the provisions of the Act, the right to receive unemployment benefit shall be suspended by the managing body in the following cases:

a)       During the corresponding period for the imposition of sanctions for minor and serious offences.

b)       During the situation of maternity or paternity.

c)        as long as the holder of the right is serving a sentence involving deprivation of liberty, unless he or she proves lack of family income and responsibilities.

d)       As long as the rightholder is employed for less than twelve months, or while the holder of the right is engaged in self-employed work of less than months.

e)        In cases of transfer of residence abroad in which the beneficiary declares that it is for the purpose of seeking or performing work, professional development or international cooperation, for a continuous period of less than twelve months, provided that the departure abroad is previously notified and authorised by the managing body, without prejudice to the application of the provisions on the export of benefits in the rules of the European Union. 

f)         In cases of stay abroad for a period of up to calendar days during each calendar year, whether or not continued or not, provided that the departure abroad is previously notified and authorised by the managing body.


g)       PART V

Form for the annual report

on the European Code of Social Security

PART V

OLD‑AGE BENEFIT

Article 25

Each Contracting Party for which this Part of the Code is in force shall secure to the persons protected the provision of old-age benefit in accordance with the following Articles of this Part.

Article 26

1.             The contingency covered shall be survival beyond a prescribed age.

2.             The prescribed age shall be not more than 65 years or than such higher age that the number of residents having attained that age is not less than 10 per cent of the number of residents under that age but over 15 years of age.

3.             National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such a person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced, where the earnings of the beneficiary exceed a prescribed amount, and, if non‑contributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

Please state, for each scheme concerned the age for title to old‑age benefit. If this age is more than 65, please indicate the number of residents having attained that age per cent of the total number of residents under that age but over 15 years of age.

Retirement pension in the contributory modality.

The age of access to retirement pension is sixty-seven years of age, or sixty-five years when thirty-eight years and six months of contributions are credited, without taking into account the proportional share of the extra pay. For the calculation of quotation periods, full years and months shall be taken, without their fractions being equated with them (Article 205(1)(a) TRLGSS). 

A transitional period has been established for the gradual application of the retirement age and contribution years (transitional provision th TRLGSS)

Year

Contribution periods

Required age

2013

35 years and 3 months or more.

65 years old.

Less than 35 years and 3 months.

65 years and 1 month.

2014

35 years and 6 months or more.

65 years old.

Less than 35 years and 6 months.

65 years and 2 months.

2015

35 years and 9 months or more.

65 years old.

Less than 35 years and 9 months.

65 years and 3 months.

2016

36 or more years.

65 years old.

Less than 36 years.

65 years and 4 months.

2017

36 years and 3 months or more.

65 years old.

Less than 36 years and 3 months.

65 years and 5 months.

2018

36 years and 6 months or more.

65 years old.

Less than 36 years and 6 months.

65 years and 6 months.

2019

36 years and 9 months or more.

65 years old.

Less than 36 years and 9 months.

65 years and 8 months.

2020

37 or more years.

65 years old.

Less than 37 years.

65 years and 10 months.

2021

37 years and 3 months or more.

65 years old.

Less than 37 years and 3 months.

66 years old.

2022

37 years and 6 months or more.

65 years old.

Less than 37 years and 6 months.

66 years and 2 months.

2023

37 years and 9 months or more.

65 years old.

Less than 37 years and 9 months.

66 years and 4 months.

2024

38 or more years.

65 years old.

Less than 38 years.

66 years and 6 months.

2025

38 years and 3 months or more.

65 years old.

Less than 38 years and 3 months.

66 years and 8 months.

2026

38 years and 3 months or more.

65 years old.

Less than 38 years and 3 months.

66 years and 10 months.

From the year 2027

38 years and 6 months or more.

65 years old.

Less than 38 years and 6 months.

67 years old.

However, it is possible to access the retirement pension prior to the ages indicated in the following situations:

Employed persons aged 60 years old who had the status of mutualists in a Mutual Employment Mutuality of employed persons before 1 January 1967. This possibility does not apply to workers who are not discharged or who are assimilated to discharge.

§The minimum retirement age may be lowered by Royal Decree, on the proposal of the head of the Ministry of Employment and Social Security, in those occupational groups or activities whose work is of an exceptionally painful, toxic, dangerous or unhealthy nature and a high morbidity or mortality rate. This age reduction is carried out by applying reducing coefficients to certain professional categories such as coal mining workers, railroad workers, air flight personnel etc.

§Employed persons engaged in a paid activity and during that activity attest to a degree of disability equal to or greater than 65 per 100. The ordinary age shall be reduced by a period equivalent to that resulting from applying at the time actually worked the coefficients of 0.25 in cases of a degree of disability equal to or greater than 65 per 100 or 0.50 in cases of a degree of disability equal to or greater than 65 per 100 and where the worker needs the assistance of another person to perform the essential acts of ordinary life.

§The ordinary retirement age may also be lowered in the case of persons with a degree of disability equal to or greater than 45 per 100, provided that they are statutoryly determined disabilities, where there is evidence that a generalised and appreciable reduction in the life expectancy of such persons is found.

§Early access resulting from termination of work for reasons not attributable to the free will of the worker: Workers who have reached an age of not more than four years at the age which is applicable in each case, registered as applicants for employment, for a period of at least six months immediately preceding the date of application for retirement, who attest to a minimum period of effective contribution of 33 years, without, for that purpose, taking into account the proportional share of extraordinary pay and the termination of work which has occurred as a result of a restructuring.

§Early access to retirement at the will of the person concerned: Workers who have reached an age of not more than two years at the age which is applicable in each case, who attest to a minimum effective contribution period of 35 years, without taking into account the proportional share of extraordinary pay. Once the general and specific requirements of this type of retirement have been established, the amount of the pension must be higher than the amount of the minimum pension that would correspond to the person concerned because of his or her family status at the age of 65.

According to the data of the population resident in Spain, as of July 2020, it is concluded that the proportion of older persons (residents having the increased age) aged 65 years (9.303.070) among the population aged 15 to 64 years (under that age but over 15 years), both inclusive, (31.231.299), amounts to 29.78 %, thus far exceeding the 10 % percentage referred to in the Second paragraph.

(Source: National Institute of Statistics).

Please state whether recourse is had to paragraph 3 of this Article and, if so, please summarise the rules concerning the suspension or the reduction of benefit where the beneficiary is engaged in any gainful activity.

The enjoyment of the retirement pension shall be incompatible with the work of the pensioner, except as follows:

— Persons who are eligible for retirement may make pension payments compatible with part-time work. During this situation, the pension shall be reduced in proportion to the reduction applicable to the pensioner’s working hours in relation to that of a comparable full-time worker (Article 213(1) TRLGSS).

— The receipt of the retirement pension shall be compatible with the performance of self-employment whose total annual income does not exceed the minimum inter-professional wage, in annual calculation. Those engaged in these economic activities shall not be obliged to contribute for social security benefits. Such activities, for which no quotation is made, will not generate new entitlements to social security benefits (Article 213(4) TRLGSS).

— The enjoyment of the retirement pension, in its contribution form, shall be compatible with the performance of any employment or self-employment work of the pensioner, in the following terms:

Access to the pension must have taken place after reaching the age which is applicable in each case, without, for that purpose, pensions benefiting from bonuses or advances of the retirement age which could apply to the person concerned.

The percentage applicable to the respective regulatory basis for determining the amount of the pension caused must be 100 per cent.

Compatible work may be performed full-time or part-time.

The amount of the retirement pension compatible with the work shall be equivalent to 50 per cent of the amount resulting from the initial recognition, once the maximum public pension limit has been applied, if applicable, or from which it is being received, at the time of commencement of compatibility with work, excluding, in any case, the minimum supplement, irrespective of the working day or activity that the pensioner performs. 

However, if the activity is carried out on a self-employed basis and it is established that at least one employee is employed, the amount of the pension compatible with the work shall be 100 per cent.

— The pension shall be revalued in its entirety in accordance with the terms established for the pensions of the Social Security System. However, as long as the compatible work is maintained, the amount of the pension plus the accumulated revaluations shall be reduced by 50 per cent, except in the case of self-employment under the terms referred to in the preceding subparagraph (Article 214(1) and (2) TRLGSS).

— Workers who have reached the ordinary retirement age and qualify for entitlement to a retirement pension, provided that there is a reduction in their working hours from a minimum of 25 per cent to a maximum of 50 per cent, shall be entitled to partial retirement without the simultaneous conclusion of a relief contract. The percentages indicated shall be construed as referring to the working day of a comparable full-time worker.

Furthermore, provided that a relief contract is concluded simultaneously under the terms provided for in article 12.7 of the recast text of the Workers’ Statute Act, full-time workers may be granted partial retirement if they meet certain requirements. 

The benefit of the partial retirement pension in both cases shall be compatible with a part-time job (Article 215(1), (2) and (3)).

Article 27

The persons protected shall comprise:

 (a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or

(c) all residents whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

A.            Please state to which of the sub‑paragraphs of this Article recourse is had.

All employed or self-employed workers who fall within the scope of any social security scheme are entitled to a retirement pension, who fulfil the legal and regulatory conditions therefor, since retirement is included in the compulsory protective action of all schemes. 

This extends protection by a percentage higher than those laid down in Article 27 (a), in relation to wage earners (as all employees are included in the system by contributory means), and in paragraph (b) of the same article, taking into account that this percentage would be that of the working population in relation to the total number of residents (39.8 %).

B.            Please indicate the classes of persons protected in accordance with the provisions of this Article, unless recourse is had to sub‑paragraph (c).

Persons included in the General Social Security Scheme who are affiliated and  registered or in a similar situation shall be entitled to a retirement pension when they reach the above age and are covered by a minimum contribution period of fifteen years, of which at least two must be within the fifteen years immediately preceding the moment of entitlement. For the purposes of calculating the quoted years, the proportional share of the extraordinary payments shall not be taken into account.

In cases where the retirement pension is obtained from a situation of  affiliation or equivalent, without obligation to contribute, the period of two years must be within the fifteen years immediately preceding the date on which the obligation to contribute ceased.

The retirement pension may be paid, even if the persons concerned are not at the time of the cause in affiliation or similar to that of affiliation, provided that they meet the age and contribution requirements referred to (Article 205 TRLGSS).

Workers included in the Special System for Farm Workers shall be entitled to social security benefits under the terms and conditions laid down in the General Social Security Scheme, with certain peculiarities. For the recognition of the corresponding financial benefits, workers must be kept up to date in the payment of contributions corresponding to periods of inactivity, for which they are responsible. During periods of inactivity, the protective action of the special system shall include financial benefits for maternity, paternity, permanent incapacity and death and survival resulting from common contingencies, as well as retirement (Article 256(1), (2) and (3)).

Workers included in the Special Social Security Scheme for Self-employed or Self-employed Workers are covered by the retirement contingency. In any case, for the recognition and payment of benefits, workers included in this special scheme, in addition to the general requirements, must comply with the requirement to be aware of the payment of contributions (Article 314 TRLGSS). 

Workers included in the Special Regimes of Sea Workers and Coal Mining are covered by the retirement contingency, in terms similar to the General Regime, with age-reducing coefficients due to activity.

C.            Please furnish, under this Article, statistical information as follows:

i. if recourse is had to sub‑paragraph (a), in the form set out in Title I under Article 74; or

ii. if recourse is had to sub‑paragraph (b), in the form set out in Title II under Article 74; or

iii. if recourse is had to sub‑paragraph (c), in the form set out in Title IV under Article 74.

This information is provided in Part XI of the present report.

D.            If recourse is had to Article 6 (voluntary insurance) for all or any of the schemes concerned, please furnish, under this Article, information in the form set out under Article 6.

Retirement pensions, both contributory and non-contributory, derive from necessary rules of law that represent full subjective rights for protected persons and are financed by contributions from workers and employers and from transfers made by the State in favour of social security.

The retirement protection thus provided covers within the parameters set out in the Code. However, Spanish legislation also allows the voluntary subscription of pension schemes and funds that are complementary to the pensions of the System, but which are not directly controlled by the public authorities and whose financing comes exclusively from individual or collective funds of private origin. 

Article 28

The benefit shall be a periodical payment calculated as follows:

(a) where classes of employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67.

A.            If recourse is had to sub‑paragraph (a) or (b) of Article 2 7 for defining the scope of protection, please state whether recourse is had to the provisions of Article 65 or to the provisions of Article 66for calculation of the old-age benefit.

The rules laid down for calculating the amount of contributory retirement pensions comply with the minimum and maximum estimates of Article 65, since, in any case, the minimum percentage applied to the statutory basis used for calculating the pension is 50 %, corresponding to the minimum contribution period required to qualify for a pension (15 years).

In the year 2021 the regulatory basis for the retirement pension shall be the result of dividing the contribution bases by 336 during the 288 months immediately preceding the month preceding that of the causative event, taking into account that the bases corresponding to the months preceding the month preceding that of the causative event shall be computed at their nominal value and the remaining bases shall be updated in accordance with the evolution of the Consumer Price Index from the month to which they correspond, until the month preceding the period preceding that period. This measure ensures that there is no substantial deviation between the previous earnings of the worker and the basis for the calculation of the pension.

Taking as a reference the type beneficiary described in the Annex to Part XI for the purposes of old age (male with a spouse of pension age) for which a minimum percentage of the beneficiary’s total previous earnings and the amount of family allowances is established, the application of the Spanish rules for the calculation of the amount of the pension annually guarantees, as is said, 50 % of the regulatory base, and, on the other hand, the minimum amount of pensions being applied to those cases. Thus, a supplement is granted to cover the difference between the pension itself and the minimum amount fixed for the retirement pension (with or without a dependent spouse). 

Family benefits are not affected by the recognition of the pension, as their determination under Spanish law depends, not on the personal status of the beneficiaries, but on the totality of income available to the applicant.

As regards the ceiling, common for all types of pensions (in 2021, the maximum pension is EUR 2707.49 per month), it is above 40 % of the beneficiary’s previous earnings, according to the parameters of Article 65.3, i.e. where the previous gain was equal to or greater than that of a qualified male worker. To this end, we consider as a skilled worker the same concept used in Article 16.

Please furnish under this Article statistical information as follows:

i. if recourse is had to Article 65, in the form set out in Titles 1, 111 and V under Article 65; or

ii. if recourse is had to Article 66, in the form set out in Titles I, III and V under Article 66.

This information is provided in Part XI of the present report. 

The amount of the pension is calculated in the manner indicated in Article 29, question 2, having the worker’s salary impact on that amount, and the statutory basis for the pension should be calculated on the basis of the employee’s contribution bases in recent years.

B.            If recourse is had to sub-paragraph (c) of Article 27 for defining the scope of protection please furnish under this Article information in the form set out in Titles I and Ill under Article 67 and in Title I under Article 66.

No use has been made of this paragraph.

If recourse is had to the provisions of sub-paragraph (d) of Article 67 please furnish information in the form set out in the different Titles under Article 67.

The amount of the pension is calculated in the manner indicated in Article 29, question 2, with the above percentages applicable on the basis of contributions credited by the worker. 

They do not affect the amount of the benefit, or the percentage applicable to the regulatory base, the income that the beneficiary may have or his family situation (unless he is entitled to the minimum supplement).

C.            Whether recourse is had to Article 65, Article 66 or Article 67, please furnish information on the review of the amount of old-age benefit in the form set out in Title V1 under Article 65.

Article 65.10 of the Code provides that current periodic retirement payments shall be reviewed as a result of significant variations in the general level of earnings resulting from also substantial variations in the cost of living.

Article 58 of the TRLGSS provides that retirement pensions, in their contribution form, including the amount of the minimum pension, shall be increased at the beginning of each year according to the revaluation rate provided for in the corresponding Law on State General Budgets. 

For this purpose, the pension revaluation index shall be determined according to the following mathematical expression:

Being

Ir = Revaluation index of pensions expressed by one to four decimal places.

t+ 1 = Year for which revaluation is calculated.

ğI,t+ 1 = Moving arithmetic mean centered on t+ 1, eleven values of the rate of variation as for one of the incomes of the Social Security system.

p,t+ 1 = Moving arithmetic mean centered on t+ 1, eleven values of the rate of variation as a percentage of the number of contributory pensions of the social security system.

t+ 1 = Moving arithmetic mean centered on t+ 1, eleven values of the substitution effect expressed by one. The replacement effect is defined as the year-on-year change in the average pension of the system in one year in the absence of revaluation in that year.

I*t+ 1 = Geometric mobile mean centred on t+ 1 of eleven values of the amount of income of the Social Security system.

G*t+ 1 = Geometric mobile mean centred on t+ 1 of eleven values of the expenditure amount of the social security system.

α = Parameter which shall take a value between 0,25 and 0,33. The value of the parameter shall be reviewed every five years.

Under no circumstances may the result lead to an annual increase in pensions of less than 0.25 per cent or greater than the percentage change in the Consumer Price Index in the annual period prior to December of year t plus 0.50 per cent.

The amount of the annual revaluation of social security pensions may not determine for them, once revalued, an annual full value greater than the amount established in the corresponding General State Budget Act, added, where appropriate, to the full annual amount already revalued of the other public pensions received by the holder (Article 58(1), (2) and (7) TRLGSS).

Non-contributory social security pensions are updated in the corresponding General State Budget Act, at least by the same percentage as the Act establishes as a general increase in social security contributory pensions (art. 62 TRLGSS).

For the year 2020, Royal Decree-Law 1/2020 of 14 January, which provides for the revaluation and maintenance of pensions and public benefits under the Social Security system, provides for a revaluation of pensions and other benefits paid by the social security system, in their contribution and non-contributory mode of 0.9 per cent, and the provisions of Article 58 of the TRLGSS do not apply.

Similarly, Royal Decree 46/2021 of 26 January provides that pensions for permanent incapacity, retirement, widowhood, orphans and for family members of the social security system in their contribution form, provided that they have been incurred prior to 1 January 2021, shall be increased by 0.9 per cent; While the amount of invalidity and retirement pensions of the Social Security in its non-contributory modality will increase by 1.8 per cent.

Article 29

1.             The benefit specified in Article 28 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 30 years of contribution or employment, or 20 years of residence; or

(b) Where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom, while he was of working age, the prescribed yearly average number of contributions has been paid.

2.             Where the benefit referred to in paragraph 1 of this Article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of 15 years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a prescribed qualifying period of contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1 (b) of this Article has been paid.

3.             The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated, in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, ten years of contribution or employment, or five years of residence.

4.             A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds ten years of contribution or employment but is less than 30 years of contribution or employment; if such qualifying period exceeds 15 years, a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5.             Where the benefit referred to in paragraphs 1, 3 or 4 of this Article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be payable under prescribed conditions to a person protected who, by reason only of his advanced age when the provisions concerned in the application of this Part come into force, has not satisfied the conditions prescribed in accordance with paragraph 2 of this Article, unless a benefit in conformity with the provisions of paragraphs 1, 3 or 4 of this Article is secured to such person at an age higher than the normal age.

1. Please indicate, for each scheme concerned, the nature and the length of the minimum qualifying period or the minimum average yearly number of contributions, as the case may be, which entitles the persons protected to a pension.

Please summarise the rules concerning the computation of such qualifying period.

In order to qualify for a retirement pension, a minimum contribution period of fifteen years must be covered, of which at least two years must be covered within the fifteen years immediately preceding the moment the entitlement is brought. For the purposes of calculating the quoted years, the proportional share of the extraordinary payments shall not be taken into account.

In cases where the retirement pension is obtained from a situation of discharge or equivalent to that of discharge, without obligation to contribute, the two-year period referred to in the preceding paragraph shall be within fifteen years immediately preceding the date on which the obligation to contribute ceased. 

This requirement is due to the contribution and professional nature of the social security system schemes, which implies the need to establish a proportionality between prior contribution and accrued benefit.

Please state whether recourse is had to paragraphs 1 and 2 or paragraphs 3 or 4 of this Article.

This gives effect to the provisions of Article 29 (1)(a) and (2)(a).

2. If recourse is had to paragraphs 1 and 2 the benefit the amount of which is shown under Article 28 should be the benefit granted during the time basis to a standard beneficiary who has completed 30 years of contribution or employment, or 20 years of residence. Please indicate, under this Article, how the reduced benefit is calculated to which a standard beneficiary is entitled who has completed a qualifying period of 15 years of contribution or employment or in respect of whom half the yearly average number of contributions prescribed for title to full benefit has been paid.

The amount of the retirement pension shall be determined by applying the corresponding percentages to the regulatory base.

The regulatory basis for the retirement pension shall be the quotient resulting from the division by three hundred and fifty, the contribution bases of the person concerned during the three hundred months immediately prior to the month preceding that of the cause, taking into account the following:

A)       The calculation of the above-mentioned quotation bases shall be carried out in accordance with the following rules:

1. The bases corresponding to the twenty-four months preceding the month preceding that of the causative event shall be computed at their nominal value. 

Imagen: /datos/imagenes/disp/2015/261/11724_003.png

2. The remaining bases shall be updated in accordance with the evolution of the consumer price index from the month to which they correspond, until the month preceding the month in which the period referred to in the previous rule begins.

Being:

BR = Regulatory base.

Bi= Quota base for the month i-th preceding the month preceding that of the causative event.

II = General consumer price index for the month i-th preceding the month preceding the cause. 

Being i = 1,2,...,300

B)  if in the period to be taken for the calculation of the regulatory base months during which no obligation to contribute appears, the first forty-eight monthly allowances shall be integrated with the minimum base of all those existing at each time, and the remaining monthly payments with 50 per cent of that minimum base.

In cases where, in any of the months to be taken into account for the determination of the regulatory basis, the obligation to quote exists only during a part of it, the integration referred to in the preceding subparagraph shall proceed on the part of the month in which there is no obligation to contribute, provided that the contribution base for the first period does not reach the amount of the minimum monthly base indicated. In such a case, integration will reach the latter amount (Article 209 TRLGSS)

The calculation of the regulatory basis shall be applied gradually as follows:

As from 1 January 2013, the regulatory basis for the retirement pension will be the result of dividing the contribution bases by 224 for the 192 months immediately prior to the month preceding the cause.

As from 1 January 2014, the regulatory basis for the retirement pension will be the result of dividing the contribution bases by 238 for the 204 months immediately prior to the month preceding the cause.

As from 1 January 2015, the regulatory basis for the retirement pension will be the result of dividing the contribution bases by 252 for the 216 months immediately prior to the month preceding the cause.

As from 1 January 2016, the regulatory basis for the retirement pension will be the result of dividing the contribution bases by 266 for the 228 months immediately prior to the month preceding the cause.

As from 1 January 2017, the regulatory basis for the retirement pension will be the result of dividing the contribution bases by 280 for the 240 months immediately prior to the month preceding the cause. 

As from 1 January 2018, the regulatory basis for the retirement pension will be the result of dividing the contribution bases by 294 for the 252 months immediately prior to the month preceding the cause.

As from 1 January 2019, the regulatory basis for the retirement pension will be the result of dividing the contribution bases by 308 for the 264 months immediately prior to the month preceding the cause.

As from 1 January 2020, the regulatory basis for the retirement pension will be the result of dividing the contribution bases by 322 for the 276 months immediately prior to the month preceding the cause.

As from 1 January 2021, the regulatory basis for the retirement pension will be the result of dividing the contribution bases by 336 for the 288 months immediately prior to the month preceding the cause.

As from 1 January 2022, the regulatory basis for the retirement pension will be the result of dividing the contribution bases by 350 for the 300 months immediately prior to the month preceding the cause. (Eighth transitional provision)

On that regulatory basis, the following percentages shall apply:

For the first fifteen years quoted, 50 percent.

—From the sixteenth year, for each additional month of trading, between months one and two hundred and forty-eight, 0,19 per cent shall be added, and for each month two hundred and forty-eight, 0,18 per cent shall be added, without the percentage applicable to the regulatory base exceeding 100 per cent, except in the case referred to in the following subparagraph.

Where the retirement pension is accessed at an age above the ordinary retirement age, provided that the minimum contribution period established has been met upon reaching this age, the person concerned shall be recognised as an additional percentage for each full year paid between the date on which he or she reached that age and that of the event causing the pension, the amount of which shall be based on the years of contribution credited on the first of the dates indicated, according to the following scale:

—Up to twenty-five years quoted, 2 percent.

—Between twenty-five and thirty-seven years, 2.75 percent.

—From thirty-seven years on, 4 percent. 

This additional percentage shall be added to the percentage of the person concerned in general, applying the resulting percentage to the respective regulatory basis for the purpose of determining the amount of the pension, which in no case may be higher than the limit set.

In the event that the amount of the recognised pension reaches the above limit without applying the additional percentage or applying it only partially, the person concerned shall also be entitled to receive annually an amount the amount of which shall be obtained by applying to the amount of that limit in force at each time the additional percentage not used to determine the amount of the pension, rounded to the nearest unit by excess. This amount shall be accrued for months due and shall be paid in fourteen payments, without the sum of its amount and that of the pension or pension recognised by the person concerned, in annual calculation, being able to exceed the maximum ceiling of the contribution base in force at any time, also in annual calculation (Article 210 TRLGSS).

The percentages to be allocated temporarily to the years paid for the calculation of the retirement pension shall be as follows:

During the years 2013 to 2019. For each additional month of contribution between the months 1 and 163, 0.21 per cent and for each of the following 83 months, 0.19 per cent.

During the years 2020 to 2022. For each additional month of contribution between the months 1 and 106, 0.21 per cent and for each of the following 146 months, 0.19 per cent.

During the years 2023 to 2026. For each additional month of contribution between the months 1 and 49, 0.21 per cent and for each of the following 209 months, 0.19 per cent.

From the year 2027. For each additional month of contribution between the months 1 and 248, 0.19 per cent and for each of the following 16 months, 0.18 per cent. (Nineteenth transitional provision)

Therefore, the benefit granted during the base time to a standard beneficiary who had reached 30 years of contribution would be higher than that laid down as a minimum in Article 28 (in relation to Article 65 of the Code) since, in the year 2021, 30 years of contribution would correspond to a percentage of 90 per cent of the regulatory base, calculated in the manner indicated above, while the minimum fixed in the Code is 40 per cent of the previous profit. 

With 15 years of contribution, the benefit would be reduced to 50 per cent of the regulatory base, which is still above 40 per cent at least set out in the annex to Part XI of the Code.

3. If recourse is had to paragraph 3 the benefit the amount of which is shown under Article 28 should be the benefit granted during the time basis to a standard beneficiary who has completed 10 years of contribution or employment or 5 years of residence.

No use of article 29, paragraph 3

4. If recourse is had to paragraph 4 the benefit the amount of which is shown under Article 28 should be the benefit granted during the time basis to a standard beneficiary: who has completed a qualifying period of more than 10 years, but less than 30 years of contribution or employment. Please state the length of the qualifying period in question.

No use of article 29, paragraph 4.

5.Please state what measures have been taken to give effect to the transitional provisions provided for in paragraph 5 of this Article, and indicate the minimum amount of the reduced benefit guaranteed in this case.

Persons who do not meet the statutory and regulatory conditions for beneficiaries of a contributory retirement pension may have access to a non-contributory pension, initially set out in the Budget Act in general for all beneficiaries, but which, in their individual determination, take into account their own resources and the economic unit of coexistence. This amount exceeds 40 per cent of the minimum pension with contributory spouse.

Minimum pension with dependent spouse year 2021: EUR 851/month.

Non-contributory pension year 2021: EUR 402,80/month.

The minimum amount to be received for non-contributory retirement would be 25 per cent of the amount set by the budget.

On the other hand, the age of 65 years (or corresponding according to the pension period) legally established for access to the pension is of a minimum nature, and does not prevent the right to access a pension from being exercised at any time after that age, if the remaining requirements are met. This makes it possible to continue to contribute from that age of 65 years and to access the pension when the minimum qualifying period required by the Act is met.

Article 30

The benefits specified in Articles 28 and 29 shall be granted throughout the contingency.

Please indicate, with reference to Article 68, the provisions, if any, for the suspension of the old-age benefit under the scheme or schemes concerned.

The retirement pension may be suspended on the grounds of incompatibility with work, unless the requirements for reconciling work are met with the receipt of 50 per cent of the pension (active ageing); When self-employed work is performed whose total annual income does not exceed the minimum inter-professional wage, in annual computation; As well as in cases of partial or flexible retirement.

The retirement pension may also be suspended for incompatibility with other pensions.

Where the pensioner performs self-employed or employed work during the receipt of the retirement pension, where there is incompatibility to do so; Just as if he acts fraudulently for the purpose of obtaining a pension higher than that which corresponds to or takes any action that gives rise to his improper receipt, he may be punished by losing his pension for one to six months (articles 25, 26 and 47.1 of the Recast Text of the Law on Offences and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August).

PART VI

                                                                                                                                        Form for the annual report

on the European Code of Social Security

PART VI

EMPLOYMENT INJURY BENEFIT

Article 31

Each Contracting Party for which this Part of the Code is in force shall secure to the persons protected the provision of employment injury benefit in accordance with the following Articles of this Part.

Article 32

The contingencies covered shall include the following where the state of affairs described is due to accident or a prescribed disease resulting from employment:

(a) a morbid condition;

(b) incapacity for work resulting from such a condition and involving suspension of earnings, as defined by national laws or regulations;

(c) total loss of earning capacity or partial loss thereof in excess of a prescribed degree, likely to be permanent, or corresponding loss of faculty; and

(d) the loss of support suffered by the widow or child as the result of the death of the breadwinner; in the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self‑support.

Please state whether national laws or regulations prescribe a minimum degree of loss of earning capacity that gives rise to the benefit stipulated in Articles 34 and 36, and if so, indicate the degree.

Health care is provided to persons entitled to it, without this right being linked to earning capacity.

Both temporary and permanent disability benefits, death benefits and survival benefits are intended to protect situations of need resulting from loss of income as a result of incapacity for work or death. But it is important to bear in mind that there is, however, no concept of “minimum degree of loss of earning capacity” in Spanish Social Security legislation. The reduction of the ability to perform the usual profession of the worker, or any job, in other words “the capacity to work”,  is the concept that article 193 and 194 of Royal Legislative Decree 8/2015 of 30 October, approving the consolidated text of the General Social Security Act, considers to determine the right to a benefit.

There is a concept of permanent contributory disability, defined as the situation of the worker who, after having undergone prescribed (medical) treatment, presents severe anatomical or functional reductions, capable of objectively and predictably definitive determination, which diminish or nullify his/her ability to work. Such a qualification shall not preclude the recovery of the disabled person ' s capacity to work, if this possibility is considered medically uncertain or in the long term (Article 193 TRLGSS). 

Please also state whether recourse is had to the last sentence of sub‑paragraph (d) of Article 32, according to which, in the case of the widow, the right to benefit may be made conditional on her being presumed to be incapable of self‑support; if so, please specify the rules.

In Spanish legislation, the right to widow’s benefits is not conditional on the presumption that the widower is unable to support himself.

Article 33

The persons protected shall comprise prescribed classes of employees, constituting not less than 50 per cent of all employees, and, for the benefit in respect of the death of the breadwinner, also their wives and children.

A.                  Please indicate the classes of employees protected, in accordance with the provisions of this Article.

The right to protection for accidents at work or occupational disease is to be granted to employees who are included in a scheme of employed persons (General Regime, Sea Workers and Coal Mining). In order to entitle the corresponding benefits, in addition to the particular requirements required for access to each of them, the general requirement of being affiliated or in a situation similar to that of affiliation shall be met when the contingency or protected situation arises, unless expressly provided otherwise (Article 165(1) TRLGSS).

Prior periods of contribution shall not be required for entitlement to benefits arising from accidents, whether from work or not, or from occupational disease, unless otherwise specified by law (Article 165(4) TRLGSS). 

Workers within the scope of this General Scheme shall be deemed, in full, to be discharged for the purpose of accidents at work and occupational diseases, even if their employer has failed to fulfil its obligations (Article 166(4) TRLGSS).

B.            Please furnish statistical information under this Article in the form set out in Title I under Article 74 below.

This information is provided in Part XI.

Article 34

1.             In respect of a morbid condition, the benefit shall be medical care as specified in paragraphs 2 and 3 of this Article.

2.             The medical care shall comprise:

(a) general practitioner and specialist in‑patient care and out‑patient care, including domiciliary visiting;

(b) dental care;

(c) nursing care at home or in hospital or other medical institutions;

(d) maintenance in hospitals, convalescent homes, sanatoria or other medical institutions;

(e) dental, pharmaceutical and other medical or surgical supplies, including prosthetic appliances, kept in repair, and eyeglasses; and

(f) the care furnished by members of such other professions as may at any time be legally recognised as allied to the medical profession, under the supervision of a medical or dental practitioner.

3.             The medical care provided in accordance with the preceding paragraphs shall be afforded with a view to maintaining, restoring or improving the health of the person protected and his ability to work and to attend to his personal needs.


A.             Please indicate in detail for each scheme concerned, the nature of the medical benefits provided referred to in paragraph 2.

The extent and extent of health care to which an insured person in the Social Security System is entitled do not vary according to the contingency that originates it, having the same coverage as that derived from common contingencies.

B.            Please confirm that, in accordance with the provisions of this Article, the beneficiary is not required to share in the cost of the medical care received. If the scheme provides for the reimbursement of the expenses which the beneficiary was obliged to incur in order to obtain the benefits stipulated in paragraph 2 of this Article, please furnish all available information to show that the beneficiary does not share in the cost of such benefits.

All medical benefits are free of charge for the injured person, if he/she uses the services provided by the insurance company for the risk of accident or occupational illness (company, Mutua or Social Security).

The dispensing of medicines is free of charge in treatments that originate in professional causes.

The portfolio of common services shall be provided only by centres, establishments and services of the National Health System, own or concerted, except in situations of vital risk, where it is justified that the resources of the system could not be used.

In such cases of urgent, immediate and vital health care that have been treated outside the National Health System, the costs of such care shall be reimbursed, once it has been established that the services of the system could not be used in a timely manner and that it does not constitute a misuse or abuse of this exception. All this is without prejudice to the provisions of international agreements to which Spain is a party or to rules of domestic law governing the provision of health care in cases of the provision of services abroad (article 4.3 of Royal Decree 1030/2006, of 15 September, establishing the portfolio of common services of the National Health System and the procedure for its updating).

C.            Please state what measures are taken to give effect to paragraph 3 of this Article.

The current rules on health provide that social security health care is intended to provide medical and pharmaceutical services conducive to the preservation and restoration of the health of beneficiaries, as well as their ability to work. It shall also provide for the necessary physical rehabilitation for the professional recovery of workers (article 98 of Decree No. 2065/1974 of 30 May).

Article 35

1.             The institutions or government departments administering the medical care shall co‑operate, wherever appropriate, with the general vocational rehabilitation services, with a view to the re‑establishment of handicapped persons in suitable work.

2.             National laws or regulations may authorise such institutions or departments to ensure provision for the vocational rehabilitation of handicapped persons.

Please state briefly what measures are taken to give effect to the provisions of this Article.

Work accidents are dealt with on a general basis by the Mutuals of Occupational Accidents, the National Social Security Institute or the Navy Social Institute. In the event that an injured person is cared for in a health centre of the National Health System, the latter is expected to claim to the Mutua the payment of the amount of health care or health benefits directly provided to persons, including health transport, emergency care, specialised care, primary care, pharmaceutical benefit, orthoprosthetic benefit, dietary product benefits and rehabilitation.

As noted above, it is up to the Autonomous Communities or INGESA (in the case of the autonomous cities of Ceuta and Melilla) to manage all aspects of health care.

In the Special Passive Class Regime, members and pensioners of MUFACE, ISFAS, and MUGEJU may choose between receiving health care by the Social Security or other private insurance entities.

 

Article 36

1.             In respect of incapacity for work, total loss of earning capacity likely to be permanent or corresponding loss of faculty, or the death of the breadwinner, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66.

2.             In case of partial loss of earning capacity likely to be permanent, or corresponding loss of faculty, the benefit, where payable, shall be a periodical payment representing a suitable proportion of that specified for total loss of earning capacity or corresponding loss of faculty.

3.             The periodical payment may be commuted for a lump sum:

                (a) where the degree of incapacity is slight; or

(b) where the competent authority is satisfied that the lump sum will be properly utilised.

A.            Please state whether recourse is had, under paragraph 1 of this Article, to the provisions of Article 65 or to those of Article 66, for the calculation of the benefit.

With regard to temporary incapacity benefits arising from professional contingencies, we refer as set out in the reply to Article 16. The regulatory basis shall be the basis for contributions for professional contingencies of the previous month, which incorporates overtime from the base for common contingencies, with a maximum base of EUR 4,070 per month for the year 2021. On the regulatory basis, the percentage of 75 per cent is applied. The minimums laid down in Article 65 are therefore exceeded.

For all other benefits arising from accidents at work or occupational disease (incapacity benefits of various degrees; Pensions, allowances and compensation for the death of a worker arising from occupational contingencies), the calculation of these benefits takes into account, for the purposes of determining the basis for the benefits, the actual salary received by the worker in the last year. The percentages that apply to this regulatory basis do not differ from those corresponding if the cause is a common illness or a non-working accident, and the degree of compliance with the minimums and maximums will be analysed on part XI of these report, in each of the benefits in particular; although the protection afforded by our system in these cases adequately meets these reference values.

B.             Please furnish under this Article, the following information, with separate reference to the different contingencies covered:

i. if recourse is had to Article 65:

as regards incapacity for work, in the form set out in Titles I, II and V under Article 65 below;

as regards total loss of earning capacity or corresponding loss of faculty likely to be permanent, in the form set out in Titles I, II, V and VI under Article 65 below;

 as regards death of breadwinner, in the form set out in Titles I, IV, V and VI under Article 65 below;

ii. if recourse is had to Article 66:

as regards incapacity for work, in the form set out in Titles I, II and V under Article 66 below;

as regards total loss of earning capacity or corresponding loss of faculty likely to be permanent in the form set out in Titles 1, 11 and V under Article 66 and in Title V1 under Article 65 below;

as regards death of breadwinner, in the form set out in Titles I and IV under Article 66 and in Title VI under Article 65 below.

Taking as example the standard beneficiary that is described in the Annex to Part XI for this purpose: A man with a spouse and two children (inability to work and total loss of earning capacity) and widow with two children (survival), Spanish legislation guarantees:

§  In case of temporary incapacity for work: 75 percent of the regulatory base.

§  In case of total permanent incapacity (for the usual profession): 55 percent of the regulatory base (pension compatible with other work) or 75 percent (with advanced age and difficulty of relocation).

§  In case of absolute permanent incapacity (for all types of work): 100 percent of the regulatory base.

§  In case of high disability (for all types of work with need of help from another person): 100 per cent of the regulatory base, plus a supplement to pay the person caring for the incapacitated, consisting of the sum of 45 per cent of the minimum contribution base in force at the time of the causation and 30 per cent of the worker’s last contribution base corresponding to the contingency from which the permanent incapacity arises.

§  In case of widowhood: 52 per cent of the general regulatory base, which can be increased to 70 per cent, provided that the beneficiary proves certain requirements (family burdens, lack of income and widowhood is the main source of income).

§  In case of orphanhood: 20 per cent of the regulatory base, for each of the orphans entitled to pension, in general. 

Family benefits are not affected by accidents at work or occupational illness.

B.                   Please indicate what proportion of the benefit in respect of total loss of earning capacity is granted in case of partial loss of earning capacity likely to be permanent, or corresponding loss of faculty.

The regulation of permanent disability in Spanish legislation do not consider the concept of “earning capacity” but the concept of “the capacity to work”, as it is stated in 193 and 194 of Royal Legislative Decree 8/2015 of 30 October, approving the consolidated text of the General Social Security Act ( https://www.boe.es/buscar/act.php?id=BOE-A-2015-11724 ).

If the injuries, mutilations and deformities of a definitive nature, caused by accident or occupational illness, do not constitute permanent invalidity, but result in a reduction or alteration of the physical integrity of the worker, the worker shall be entitled to a one-time financial compensation, the amount of which is determined by an established scale.

If the worker shows a decrease of not less than 33 per 100 in his normal performance for his or her usual profession, without preventing him from performing the basic tasks of the same, it shall be understood that this is a partial permanent incapacity for the habitual profession (Article 194 TRLGSS and DT 26th TRLGSS).

As recognized by legal doctrine, this concept is indeterminate, but it must be taken into account that what is quantified is the loss of capacities, and not of performance. The percentage figure (33%) is an approximate index and not a decisive question.

Workers declared to be in a situation of partial permanent incapacity for the habitual profession, irrespective of the contingent of the profession and their age, shall receive a lump sum equivalent to 24 monthly payments from the regulatory basis used to determine the financial benefit for temporary incapacity (art. 196.1 LGSS 2015; Art. 9 Decree 1646/1972 of 23 June).

It should be noted that the recognition of this incapacity does not mean for the worker the loss of the job he was doing, since it is compatible with the same work. That is why the “earning capacity” of the worker it is not considered.

Total permanent incapacity for the usual profession is understood to mean that it disqualifies the worker from performing all or the fundamental tasks of that profession, provided that he or she can engage in a different one.

The total permanent disability benefit amounts to 55 per cent of the regulatory base. This percentage to be applied to the regulatory base may be increased by 20 % when due to the worker’s age, lack of general or specialised preparation and social and working circumstances of the place of residence, the difficulty of obtaining employment in an activity other than the usual one is presumed. 

The regulatory basis for benefits arising from professional contingencies is divided by 12 the following three sums:

a)   daily wage for 365.

b)   extraordinary hours, plus bonuses, plus supplements, plus other accruals, divided by the number of days actually worked and multiplying the result by 273, unless the number of working days in the activity in question is lower, in which case the corresponding multiplier shall apply. 

c)    Extraordinary payments, bonuses.

D.            Please state whether recourse is had to paragraph 3 of Article 36 and, if so, please specify:

(a) the maximum degree of incapacity in respect of which periodical payments may be commuted for a lump sum; or

(b) what measures are taken to allow the competent authority to satisfy itself that the lump sum will be properly utilised by the beneficiary.

The benefit corresponding to the total permanent incapacity may exceptionally be replaced by flat-rate compensation where the beneficiary is under the age of 60. 

In order for the substitution to be granted, the following circumstances must be met at the time of the request:

—The beneficiary is under 60 years of age.

—That the injuries determining the incapacity are presumed not to be subject to modification which may in future lead to a review of the declared incapacity.

—Accredited by the beneficiary who is performing employed or self-employed work, which falls within the scope of one of the schemes forming part of the social security system or, in another case, that the amount of compensation will be invested in the preparation or development of new sources of income as an autonomous worker.

—That in the last case provided for in the previous condition it is proven that he has sufficient aptitude to carry out the activity in question.

Upon reaching the age of sixty, the beneficiary shall receive the previously recognised pension, revalued by increases which have been established for pensions of the same nature from the date on which it was authorised to replace it with the compensation. 

(Article 196 TRLGSS and articles 5 and 6 of the Order of 31 July 1972 laying down rules for the implementation and implementation of Decree 1646/1972 of 23 June on benefits under the General Social Security Scheme.)

 

Article 37

The benefit specified in Articles 34 and 36 shall, in a contingency covered, be secured at least to a person protected who was employed on the territory of the Contracting Party concerned at the time of the accident if the injury is due to accident or at the time of contracting the disease if the injury is due to a disease and for periodical payments in respect of death of the breadwinner, to the widow and children of such person.

Please state whether, in accordance with the provisions of this Article:

(a) all employees protected who were employed in the territory at the time of the accident or at the time of contracting the disease are entitled to the benefits stipulated in Articles 34 and 36;

S. Employees are entitled to health care as insured persons and to various disability benefits (no minimum contribution period is required). These workers will also be responsible for death and survival benefits (no minimum contribution period is required).

 (b) the widow and children of an employee who was employed in the territory at the time of the accident or at the time of contracting the disease are entitled to the periodical payments stipulated in Article 36 without any conditions as to residence.

Both the widow and the children of a worker who died as a result of an accident at work or an occupational disease shall be entitled to benefits arising from their death due to this cause, without any conditions of residence, with equal treatment between nationals and foreigners.

Article 38

The benefit specified in Articles 34 and 36 shall be granted throughout the contingency, except that, in respect of incapacity for work, the benefit need not be paid for the first three days, in each case of suspension of earnings.

1. Please confirm that, in accordance with the provisions of this Article, the benefits stipulated in Articles 34 and 36 above are granted throughout the contingency.

The health and economic benefits referred to in Articles 34 and 36 respectively are granted for the entire duration of the contingency.

Health care is granted until discharge for total healing, without attending to other conditions.

Disability pensions are granted until a possible review for improvement takes place.

 

In the case of temporary incapacity, the allowance is paid from the day following the date of medical leave up to a maximum of 365 days with a possible extension of 180 days, if it provides for the worker’s cure.

2. Please state whether a waiting period is provided for in case of incapacity for work and, if so, indicate the length of such period.

There is no waiting period in case of temporary incapacity resulting from occupational hazards, unlike for the common illness or non-work accident in which the waiting period is 3 days. The allowance is therefore paid from the day following the accident or the discharge, if later.

3. Please indicate, with reference to Article 68 below, the provisions, if any, for the suspension of the benefits stipulated in Articles 34 and 36, under the scheme or schemes concerned.

Sanitary asistance:

The legislation does not provide for the suspension of health care in such cases.

Temporary disability:

The right to temporary disability allowance may be denied, cancelled or suspended:

A) When the beneficiary has acted fraudulently to obtain or retain such benefit.

B) When the beneficiary works for himself or herself.

Entitlement to the allowance may also be suspended if, without reasonable cause, the beneficiary rejects or abandons the treatment indicated to him or her. 

The non-appearance of the beneficiary to any of the calls made by physicians attached to the National Social Security Institute and to the mutual collaborators with the Social Security for examination and medical examination shall result in the precautionary suspension of the right, in order to verify whether the right was justified or not (art. 175 TRLGSS).

Permanent disability:

In addition to cases of suspension for work declared to be incompatible, the right to financial benefits for permanent incapacity may be suspended in the event of one of the following circumstances:

Where the beneficiary has acted fraudulently to obtain or retain the right to them.

Where the permanent incapacity is due or has been aggravated as a result of reckless recklessness of the beneficiary.

Where the permanent incapacity is due or has been aggravated as a result of the refusal or abandonment of the beneficiary, without reasonable cause, of the medical treatment indicated to him during the situation of temporary incapacity.

 

Where the beneficiary, without reasonable cause, rejects or abandons the appropriate rehabilitation and rehabilitation treatments or processes (Article 23.1 Order of 15 April 1969 laying down rules for the application and development of disability benefits in the General Social Security Scheme).

Death and survival:

The widow’s pension shall be terminated on the following grounds:

1. Contracting a new marriage. However, widows’ pensioners may continue to receive the widow’s pension, even if they enter into a new marriage, for whom the following requirements are met:

a) be over 61 years of age or below that age, provided that, in the latter case, they also have a permanent disability pension, in the degree of absolute incapacity or high disability, or prove a disability to a degree equal to or greater than 65 per 100.

b) make the pension or widow’s pensions received by the pensioner the principal or sole source of income.

c) to have an annual income of any kind, including a widow’s pension or pension, which does not exceed 2 times the amount, in annual calculation, of the minimum inter-professional wage, in force at all times.

The new widow’s pension that could be generated as a result of the death of the new spouse will be incompatible with the widow’s pension or pensions that were being received, and the person concerned must opt for one of them.

2. Declaration, in a final sentence, of guilt in the death of the perpetrator.

3. Demise.

To be a domestic partner. However, the right to a widow’s pension shall not be extinguished where the same circumstances as those covered by paragraph 1 apply to the maintenance of the widow’s pension in the event of a marriage.

The orphan ' s pension shall be extinguished on the following grounds:

a) to meet the minimum age set in each case, unless, at that time, his working capacity was reduced by a percentage valued to a degree of permanent, absolute or high incapacity.

b) he ceased to be incapacitated by the right to orphan ' s pension.

c) adoption.

d) contracting marriage, unless it is affected by incapacity in one of the grades referred to in paragraph (a).

 

e) death.

The pension in favour of family members shall be extinguished on the following grounds:

that of grandchildren and siblings, for those referred to for the orphan ' s pension. that of ascendants by:

A') to contract marriage.

B´) Death

 

PART VII

Form for the annual report

on the European Code of Social Security

PART VII

FAMILY BENEFIT

Article 39

Each Contracting Party for which this Part of the Code is in force shall secure to the persons protected the provision of family benefit in accordance with the following Articles of this Part.

Article 40

The contingency covered shall be responsibility for the maintenance of children as prescribed.

Please indicate briefly the conditions of eligibility for the benefits provided for in Article 42 to the persons protected (number of children, age limit of children, etc.).

Article 41

The persons protected shall comprise, as regards the periodical payments specified in Article 42:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents.

A.            Please state to which of the sub‑paragraphs of this Article recourse is had.

B.            Please state the classes, of persons protected in accordance with the provisions of this Article.

C.            Please furnish statistical information under this Article, as follows:

i. if recourse is had to sub‑paragraph (a), in the form set out in Title I under Article 74 below; or

ii. if recourse is had to sub‑paragraph (b), in the form set out in Title II under Article 74 below.

Article 42

The benefit shall be:

(a) a periodical payment granted to any person protected having completed the prescribed qualifying period; or

(b) the provision to or in respect of children, of food, clothing, housing, holidays or domestic help; or

(c) a combination of the benefits provided for in sub‑paragraphs (a) and (b) of this Article.

Please state to which of the sub-paragraphs of this Article recourse is had.

If recourse is had to sub-paragraph (a) or (c) please state the amount of the periodical payment made in respect of each dependent child.

If recourse is had to sub-paragraph (b) or (c) please specify the nature of the benefits in kind provided and the methods of providing them.

Article 43

The benefit specified in Article 42 shall be secured at least to a person protected who, within a prescribed period, has completed a qualifying period, which may be one month of contribution or employment, or six months of residence, as may be prescribed.


Please state, for each scheme concerned, the nature and the duration of the qualifying period, if any, for title to the benefits provided in accordance with the provisions of this Article. Please summarise the rules for the computation of the qualifying period.

Article 44

The total value of the benefits granted in accordance with Article 42 to the persons protected shall be such as to represent 1.5 per cent of the wage of an ordinary adult male labourer, as determined in accordance with the rules laid down in Article 66, multiplied by the total number of children of all residents.

A.            Please furnish, under this Article, information in the form set out in Title I under Article 66 below.

B.            Please also furnish the following information:

1. total amount of cash benefits granted in respect of children of the persons protected, as shown under Article 41 above;

2. total value of benefits in kind granted in respect of children of the persons protected,[2] as shown under Article 41 above;

3. total value of benefits in cash and in kind granted in respect of children of the persons protected (B. 1 + B. 2).

C.            Please furnish:

i. the total number of children of all residents;

ii. the total value of benefits in cash and in kind (B .3) per cent of the wage of the ordinary adult male labourer (A) multiplied by the total number of children of all residents (C. L).

Article 45

                Where the benefit consists of a periodical payment, it shall be granted throughout the contingency.

Please indicate, with reference to Article 68 below, the provisions, if any, for the suspension of family benefit under the scheme or schemes concerned.


PART VIII

                                                                                                                                        Form for the annual report

on the European Code of Social Security

PART VIII

MATERNITY BENEFIT

Article 46

Each Contracting Party for which this Part of the Code is in force shall secure to the persons protected the provision of maternity benefit in accordance with the following Articles of this Part.

Article 47

The contingencies covered shall include pregnancy and confinement and their consequences, and suspension of earnings, as defined by national laws or regulations, resulting therefrom.

Article 48

The persons protected shall comprise:

(a) all women in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees, and, for maternity medical benefit, also the wives of men in these classes; or

(b) all women in prescribed classes of the economically active population, which classes constitute not less than 20 per cent of all residents, and, for maternity medical benefit, also wives of men in these classes.

A.            Please state to which of the sub‑paragraphs of this Article recourse is had.

The former so-called maternity benefit, which included health care for such contingency (as insured or as a beneficiary) and the economic benefit, has been replaced in terms of rest periods and their corresponding financial benefit by the so-called “birth and childcare allowance” (Royal Decree-Law 6/2019 of 1 March, on urgent measures to guarantee equal treatment and opportunities for women and men in employment and occupation).

Persons employed or self-employed, irrespective of their sex, shall be entitled to this economic benefit on the basis of birth and childcare, provided that they are in a situation of discharge or assimilated to discharge, enjoy periods of rest/permit for birth and care of minors and attest to the minimum periods of contribution payable in each case.

As far as health care is concerned, pursuant to the regulations prior to Royal Decree-Law 7/2018, and until such time as it is regulated, women workers as insured persons shall continue to have the right to health care because of this contingency; Likewise, as beneficiaries, spouses or persons with similar relations of affectivity of insured persons, provided that they are not entitled to the same by title; Finally, despite the fact that the concept of beneficiary and insured person in the management of social security files is still in force until the regulatory development provided for in Royal Decree 7/2018 is implemented, the right to health care has been extended de facto, in accordance with the amendments made in articles 3 and 3ter of Law 16/2003 of 28 May on cohesion and quality of the National Health System, which provide for: All persons with Spanish nationality and foreign nationals who have established their residence in the Spanish territory are entitled to the right to health protection and to health care.

The conditions laid down in both subparagraphs (a) and (b) of this article 48 are therefore met.

B.            Please state the classes of employees or of the economically active population protected in accordance with the provisions of this Article.

Persons employed or self-employed, irrespective of their sex, shall be entitled to the allowance provided that they are in a situation of discharge or assimilated to discharge, enjoy periods of rest/permit for birth and care of minors and attest to the minimum periods of contribution payable in each case. These minimum quotation periods are as follows:

1. If the worker is less than 21 years of age on the date of delivery or on the date of the administrative or judicial decision on placement or the court decision establishing the adoption, no minimum contribution period shall be required.

2. If the worker is 21 years of age and is under 26 years of age on the date of delivery or on the date of the administrative or judicial decision on placement or the court decision establishing the adoption, the minimum contribution period required shall be 90 days paid within the seven years immediately preceding the beginning of the rest. The above-mentioned requirement shall be deemed to be fulfilled if, alternatively, it credits 180 days paid during their working life, prior to the latter date. This age group is 21 years old and not yet 26 years old.

3. If the worker is 26 years of age on the date of confinement or on the date of the administrative or judicial decision on placement or the court decision establishing the adoption, the minimum period of contribution required shall be 180 days within the seven years immediately preceding the beginning of the rest. The above-mentioned requirement shall be deemed to be fulfilled if, alternatively, it credits 360 days paid during their working life, prior to the latter date.

In the case of replacement pregnancy, the age provided for in the preceding paragraphs, for the purpose of determining the minimum contribution period required, shall be that which the beneficiary has completed on the date of birth of the child.

In cases of intercountry adoption, the age, for the purpose of determining the period of deprivation, shall be that of the persons concerned at the beginning of the rest, taking as reference the time of the resolution.

In the case of workers who are responsible for the receipt of contributions, for the recognition of the corresponding social security benefits it will be necessary for the person responsible to be aware of the payment of the social security contributions, even if the corresponding benefit is recognised, as a result of the reciprocal calculation of contributions, in a scheme of employed persons.

The allowance (non-contributory benefit) at birth shall also be paid to women workers who, in the case of childbirth, meet all the conditions established for access to the childbirth and care benefit, except for the minimum contribution period.

Workers included in the Special System for Domestic Employees shall be entitled to social security benefits under the terms and conditions laid down in the General Social Security Scheme, with certain peculiarities (art. 251 TRLGSS).

Workers included in the Special System for Farm Workers shall be entitled to social security benefits under the terms and conditions laid down in the General Social Security Scheme, with certain specific features:

For the recognition of the corresponding financial benefits, workers must be kept up to date in the payment of contributions corresponding to periods of inactivity, for which they are responsible.

During periods of inactivity, the protective action of the special system shall include financial benefits for maternity, paternity, permanent incapacity and death and survival resulting from common contingencies, as well as retirement. That is, it shall include maternity benefit (Article 256 TRLGSS). 

For the recognition and payment of benefits, workers included in the Special Scheme of Self-employed or Self-employed Workers must also comply with the requirement to be aware of the payment of contributions. 

Workers included in the Special Regimes of Sea Workers and Coal Mining have the maternity contingency covered on the same terms as in the General Regime.

C.            Please furnish statistical information under this Article, as follows:

i. if recourse is had to sub‑paragraph (a), in the form set out in Title I under Article 74 below; or

ii. if recourse is had to sub‑paragraph (b), in the forms set out in Title H under Article 74 below.

Statistical information is contained in Part XI of this report.

D.            Please confirm that the dependent wives of men in the classes of persons protected are entitled to the medical benefits stipulated in Article 49, in accordance with the provisions of this Article.

Health care is provided in accordance with article 3 of the aforementioned Law 16/2003 of 28 May, on cohesion and quality of the National Health System, as drafted by Royal Decree Law 7/2018 of 27 July on universal access to the National Health System. Article 3 states:

1. All persons with Spanish nationality and foreign nationals who have established their residence in Spain are entitled to the right to health protection and to health care.

Without prejudice to the above, persons entitled to health care in Spain pursuant to Community regulations coordinating social security systems or bilateral agreements covering the provision of health care shall have access to it, provided that they reside on Spanish territory or during their temporary travel to Spain, in the form, extension and conditions laid down in the above Community or bilateral provisions.

2. In order to give effect to the right referred to in paragraph 1 from the public funds of the competent administrations, persons entitled to those rights shall be subject to one of the following situations:

a) To have Spanish nationality and habitual residence in Spanish territory.

b) To have their right to health care recognised in Spain by any other legal title, even if they do not have their habitual residence in Spanish territory, provided that there is no third party obliged to pay such assistance.

c) To be a foreign person with legal and habitual residence in Spanish territory and not to have the obligation to prove compulsory coverage of the health benefit by any other means.

3. Persons who in accordance with paragraph 2 are not entitled to health care from public funds may obtain such benefit by payment of the corresponding consideration or fee arising from the signing of a special agreement.

4. The provisions of the preceding paragraphs of this article do not alter the health care regime for persons who are holders or beneficiaries of special schemes managed by the General Mutuality of Civil Servants of the State, the Mutuality General Judiciary and the Social Institute of the Armed Forces, which shall maintain their specific legal regime.

E.             If recourse is had to Article 6 above (voluntary insurance), for all or any of the schemes concerned, as regards medical care, please furnish information under this Article in the form set out under Article 6.

Health care is included in the compulsory protective action of all social security systems and no recourse has been made to Article 6.

Article 49

1.             In respect of pregnancy and confinement and their consequences, the maternity medical benefit shall be medical care as specified in paragraphs 2 and 3 of this Article.

2.             The medical care shall include at least:

(a) pre‑natal, confinement and post‑natal care either by medical practitioners or by qualified midwives;

(b) hospitalisation where necessary.

3.        The medical care specified in paragraph 2 of this Article shall be afforded with a view to maintaining, restoring or improving the health of the woman protected and her ability to work and to attend to her personal needs.

4.             The institutions or government departments administering the maternity medical benefit shall, by such means as may be deemed appropriate, encourage the women protected to avail themselves of the general health services placed at their disposal by the public authorities or by other bodies recognised by the public authorities.

A.            Please indicate in detail the nature of the benefits provided under each scheme concerned, with reference to paragraph 2 of this Article, specifying more particularly the services provided in case of hospitalisation.

The portfolio of common primary care services includes pregnancy and post-partum care, with the following benefits:

a) recruitment of pregnant women in the first trimester of pregnancy and detection of at-risk pregnancies.

b) follow-up of normal pregnancy, in a coordinated and protocolised manner with specialised care, according to the organisation of the corresponding health service.

c) maternal education, including the promotion of breastfeeding, the prevention of urinary incontinence and preparation for childbirth.

d) puerperal visit in the first month of postpartum to assess the state of health of women and newborns.

Specialised care includes the follow-up of pregnancy, in a coordinated and protocolised manner with primary care, according to the organisation of the corresponding health service; And the complications of pregnancy, childbirth and puerperium: Ectopic and molar pregnancy, another pregnancy with abortive outcome (including voluntary termination of pregnancy under the current legislation), complications mainly related to pregnancy, normal delivery (including epidural anesthesia, in accordance with the protocols of the health services) and other indications for care during pregnancy, labor and childbirth, complications occurring mainly during the course of childbirth and complications of the post-period. 

It also includes hospitalisation on a hospitalisation regime, which includes medical, surgical, obstetric and paediatric care, or the carrying out of diagnostic treatments or procedures, to patients who require continued care requiring their hospitalisation, including, among other things:

a) Indication and conduct of diagnostic examinations and procedures, including neonatal examination.

b) Indication, conduct and follow-up of therapeutic treatments or procedures or surgical interventions that the patient needs, regardless of whether or not the need arises from the reason of his or her hospitalisation.

c) Medication, medicinal gases, transfusions, cures, consumables and other medical devices as necessary.

d) Nursing care necessary for the proper care of the patient.

e) intensive care or resuscitation, as appropriate.

f) Treatment of possible complications that may occur during the care process.

g) Parenteral or enteral nutrition.

h) Food, according to the prescribed diet.

I) Basic hotel services directly related to the hospitalisation itself.

J) Information at discharge with instructions for proper follow-up of treatment and establishment of mechanisms to ensure continuity and safety of care and care.

 

Access to specialised assistance in hospitalisation is carried out on the advice of the specialist physician or through hospital emergency services, when the patient is expected to need special and continuous care, which cannot be provided on an outpatient basis or at home.

B.            Please confirm that, in accordance with the provisions of this Article, the beneficiary or her breadwinner is not required to share in the cost of the medical benefits provided. If the scheme provides for the reimbursement of the expenses which the beneficiary or the breadwinner was obliged to incur in order to obtain the benefits stipulated in paragraph 2, please furnish all available information to show that the beneficiary or breadwinner does not share in the cost of such benefits.

Health care provided during pre-partum, childbirth and postpartum by doctors and other health personnel does not imply any participation of the beneficiary in its cost. We mean health care for this purpose as provided for in article 10.1(b) of the Code.

The provision of health care shall be provided only by centres, establishments and services of the National Health System, own or concerted, except in situations of vital risk, where it is justified that the means of the health system could not be used.

In such cases of urgent, immediate and vital health care that have been treated outside the National Health System, the costs of such care shall be reimbursed, once it has been established that the services of the system could not be used in a timely manner and that it does not constitute a misuse or abuse of this exception. All this is without prejudice to the provisions of international agreements to which Spain is a party or to rules of domestic law governing the provision of health care in cases of the provision of services abroad (article 4.3 of Royal Decree 1030/2006, of 15 September, establishing the portfolio of common services of the National Health System and the procedure for its updating).

C.            Please indicate in detail what measures are taken to give effect to the provisions of paragraphs 3 and 4 of this Article.

In the common portfolio of services to be provided by all the Autonomous Communities, the following are included as part of primary care:

— Pregnancy and postpartum care:

a) recruitment of pregnant women in the first trimester of pregnancy and detection of at-risk pregnancies.

b) follow-up of normal pregnancy, in a coordinated and protocolised manner with specialised care, according to the organisation of the corresponding health service.

c) maternal education, including the promotion of breastfeeding, the prevention of urinary incontinence and preparation for childbirth.

d) puerperal visit in the first month of postpartum to assess the state of health of women and newborns.

— Preventive exploration of the oral cavity of pregnant women: It includes health instructions on diet and oral health, accompanied by oral hygiene training, and application of topical fluoride according to the individual needs of each pregnant woman.

Specialised care includes:

— Care for complications of pregnancy; Childbirth and puerperium: Ectopic and molar pregnancy, another pregnancy with abortive outcome (including voluntary termination of pregnancy under the current legislation), complications mainly related to pregnancy, normal delivery (including epidural anesthesia, in accordance with the protocols of the health services) and other indications for care during pregnancy, labor and childbirth, complications occurring mainly during the course of childbirth and complications of the post-period.

— The follow-up of pregnancy, in a coordinated and protocolised manner with primary care, according to the organisation of the corresponding health service.

 

Given the nature of the Spanish National Health System, all women, including foreign women not registered or authorised as residents of Spain, are entitled to care for pregnancy, childbirth and postpartum.

Article 50

In respect of suspension of earnings resulting from pregnancy and from confinement and their consequences, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66. The amount of the periodical payment may vary in the course of the contingency, subject to the average rate thereof complying with these requirements.

A.            Please state whether recourse is had to Article 65 or to Article 66 for the calculation of the benefit.

The financial benefits for the birth and care of the minor have an amount equal to 100 per cent of the regulatory basis, which shall be the quotient resulting from dividing the contribution base by common contingency of the month immediately preceding the month in which the cause occurs, by the number of days covered by such contribution.

That is, it is a full compensation for the gain prior to the causative event and thus meets the minimums set out in article 65 of the Code, which requires only 50 % of the previous profit.

It should be noted that the contribution base is determined on the basis of the remuneration actually accrued in the month to which the contribution relates, increased by the proportional share of remuneration whose maturity is more than one month. As a result, the contribution base exceeds the actual salary received in the month concerned; Thus, the maternity allowance exceeds 100 per cent of the monthly salary received in the month preceding the start of the rest.

In the case of multiple childbirth and adoption or foster care of more than one child, performed simultaneously, a special allowance shall be granted for each child from the second child.

Childbirth and care allowance for non-contributory child: The amount of the benefit shall be equal to 100 % of the public multi-effect income indicator (IPREM) in force at each time, unless the regulatory basis calculated in accordance with art. 179 LGSS (contributory benefit) or art. 248 LGSS (part-time contract workers) is of a lower amount, in which case the amount will be lower.

B.             Please furnish, under this Article, information, as follows:

i. if recourse is had to Article 65, in the form set out in Titles 1 and V tinder Article 65 below; or

This information is provided in Part XI of the report.

The amount of the benefit is calculated in the manner indicated above, having the worker’s salary impact on that amount, on the basis of the contribution base of the month preceding the causative event. 

The benefit does not vary according to the sex of the worker, his or her family situation, without varying benefits throughout the national territory.

ii. if recourse is had to Article 66, in the form set out in Titles 1 and V under Article 66 below, inability is likely to be permanent or persists after the exhaustion of sickness benefit.

Article 51

The benefit specified in Articles 49 and 50 shall, in a contingency covered, be secured at least to a woman in the classes protected who has completed such qualifying period as may be considered necessary to preclude abuse, and the benefit specified in Article 49 shall also be secured to the wife of a man in the classes protected where the latter has completed such qualifying period.

Please state, for each scheme concerned, the length of the qualifying period which has been considered necessary to preclude abuse. Please summarise the rules concerning the computation of the qualifying period.

Access to health care provision does not require a period of shortfall.

With regard to the economic benefit for the birth and care of the child, persons employed or self-employed, regardless of their sex, shall be entitled, provided that they are in a situation of discharge or assimilated to discharge, enjoy periods of rest/permit for birth and care of minors and attest to the minimum periods of contribution payable in each case. These minimum quotation periods are as follows:

1. If the worker is less than 21 years of age on the date of delivery or on the date of the administrative or judicial decision on placement or the court decision establishing the adoption, no minimum contribution period shall be required.

2. If the worker is 21 years of age and is under 26 years of age on the date of delivery or on the date of the administrative or judicial decision on placement or the court decision establishing the adoption, the minimum contribution period required shall be 90 days paid within the seven years immediately preceding the beginning of the rest. The above-mentioned requirement shall be deemed to be fulfilled if, alternatively, it credits 180 days paid during their working life, prior to the latter date. This age group is 21 years old and not yet 26 years old.

3. If the worker is 26 years of age on the date of confinement or on the date of the administrative or judicial decision on placement or the court decision establishing the adoption, the minimum period of contribution required shall be 180 days within the seven years immediately preceding the beginning of the rest. The above-mentioned requirement shall be deemed to be fulfilled if, alternatively, it credits 360 days paid during their working life, prior to the latter date.

In the case of replacement pregnancy, the age laid down in Article 5(1) and (2) of RD 295/2009 of 6 March for the purpose of determining the minimum contribution period required shall be that provided for by the beneficiary on the date of the birth of the child, and the provisions of paragraphs 3 (assumption of childbirth) and 4 (assumption of international adoption) of that Article shall not apply. 

In cases of intercountry adoption, the age, for the purpose of determining the period of deprivation, shall be that of the persons concerned at the beginning of the rest, taking as reference the time of the resolution. 

The childbirth allowance (non-contributory nature) shall also be granted to employed or self-employed workers who, in the event of childbirth, meet all the conditions established for access to the childbirth and care benefit, except for the minimum contribution period.

Article 52

The benefit specified in Articles 49 and 50 shall be granted throughout the contingency, except that the periodical payment may be limited to 12 weeks, unless a longer period of abstention from work is required or authorised by national laws or regulations, in which event it may not be limited to a period less than such longer period.

1.Please state whether, in accordance with the provisions of this Article, the medical benefits stipulated in Article 49 are granted throughout the contingency. Please specify also:

As explained above, medical benefits are granted throughout the pregnancy, childbirth and post-partum process, and also cover any pathological occurrences that may arise.

(a) the duration of the period during which the periodical payments stipulated in Article 50 are granted; and

(b) the duration of any period of abstention from work which may be required or authorised by national laws or regulations.

— For the purposes of the financial benefit for risk during pregnancy, a protected situation is considered to be that in which the pregnant worker is present during the period of suspension of the employment contract in cases where, if the employment is to be exchanged for a job compatible with her condition, such change of post is not technically or objectively possible or cannot reasonably be required for justified reasons. It shall be paid during the period of suspension or leave necessary for the protection of the safety or health of the worker or the foetus, and shall end on the day preceding the day on which the termination of the employment contract is initiated on the basis of birth or care of a minor, or the re-entry of the working woman to her previous or other position compatible with her condition (arts. 31 and 35 Royal Decree 295/2009).

— For the purposes of the financial benefit for risk during breast-feeding, a protected situation is considered to be that in which the employed person is present during the period of suspension of the employment contract in cases where, if the employment contract is to be exchanged for a job compatible with her situation, such change of employment is not technically or objectively possible, or cannot reasonably be required for justified reasons. Shall be extinguished by:

a) the child is nine months old.

b) Reintegration of a working woman into her previous job or professional activity or to others compatible with her status.

c) termination of the employment contract on the basis of legally established grounds or cessation of the exercise of professional activity.

d) disruption of breast-feeding.

 

e) death of the beneficiary or the infant.

2. Please indicate, with reference to Article 68 below, the provisions, if any, for the suspension of maternity benefit under the scheme or schemes concerned.

Maternity health benefits cannot be suspended.

The right to financial maternity benefit may be denied, nullified or suspended if:

—The beneficiary would have acted fraudulently to obtain or retain the benefit.

The beneficiary shall work as an employed or self-employed person during rest periods, except for the receipt of part-time maternity allowance or cases of multi-employment or multi-activity. The periods of receipt of the allowance shall correspond to periods of rest which, in such cases, will be those not occupied by part-time work or by jobs or activities that do not give rise to the allowance.

— In cases of intercountry adoption, where appropriate documentation is not provided to consider the adoption constituted, four weeks have elapsed since the beginning of the rest period was anticipated.

 

— For non-compliance with the obligation to submit necessary documentation when INSS requires its submission.


PART IX

                                                                                                                                        Form for the annual report

on the European Code of Social Security

PART IX

INVALIDITY BENEFIT

Article 53

Each Contracting Party for which this Part of the Code is in force shall secure to the persons protected the provision of invalidity benefit in accordance with the following Articles of this Part.

Article 54

The contingency covered shall include inability to engage in any gainful activity, to an extent prescribed, which inability is likely to be permanent or persists after the exhaustion of the sickness benefit.

Please state the extent of invalidity, prescribed by national laws or regulations, that gives rise to the benefits provided in accordance with Article 56.

Permanent incapacity, whatever its determining cause, shall be classified according to the percentage of reduction in the working capacity of the person concerned:

Partial permanent incapacity for the usual profession is one which, without reaching the degree of totality, causes the worker a decrease of not less than 33 per 100 in his normal performance for that profession, without preventing him from performing his fundamental tasks.

A normal profession, in the event of an accident, whether at work or not, is the profession normally performed by the worker at the time of the accident; In the event of a common or occupational illness, the profession to which the worker engaged in his fundamental activity during the 12 months preceding the date on which the temporary incapacity arose from which the permanent incapacity arose.

Total permanent incapacity for the usual profession is that which disqualifies the worker from performing all or the fundamental tasks of that profession, provided that he can engage in a different profession.

Absolute permanent incapacity for all work is that which completely disqualifies the worker from any profession or occupation.

 

A great invalidity is the situation of the worker affected by permanent incapacity and who, as a result of anatomical or functional losses, needs the assistance of another person for the most essential acts of life, such as dressing, moving around, eating or similar.

Article 55

The persons protected shall comprise:

(a) prescribed classes of employees, constituting not less than 50 per cent of all employees; or

(b) prescribed classes of the economically active population, constituting not less than 20 per cent of all residents; or

(c) all residents whose means during the contingency do ‑not exceed limits prescribed in such a way as to comply with the requirements of Article 67.

A.            Please state to which of the sub‑paragraphs of this Article recourse is had.

Protection for permanent incapacity extends to both salaried and self-employed workers, i.e. to the entire working population protected under the Social Security System.

 

This is complied with, both in subparagraph (a) and (b) of this article 55, since the percentage of the working population included in the various regimes of the System is more than 20 per cent of all residents.

B.            Please indicate the classes of persons protected in accordance with the provisions of this Article, unless

recourse is had to sub‑paragraph (c).

Persons included in the General Social Security Scheme who are declared in such a situation shall be entitled to permanent disability benefits and who, in addition to having the general condition of being affiliated and in a high or similar situation at the time of the contingency, would have completed the corresponding minimum contribution period, unless it is due to accidents, whether or not they are employed, or to occupational illness, in which case no prior contribution period shall be required.

Permanent disability pensions in the grades of absolute permanent incapacity or high incapacity resulting from common contingencies may be caused even if the persons concerned are not at the time of the act causing discharge or similar status to that of discharge (Article 195(1) and (4) TRLGSS).

Workers included in the Special System for Domestic Employees shall be entitled to social security benefits under the terms and conditions laid down in the General Social Security Scheme, with certain peculiarities (art. 251 TRLGSS)

Workers included in the Special System for Farm Workers shall be entitled to social security benefits under the terms and conditions laid down in the General Social Security Scheme, with certain specific features:

— For the recognition of the corresponding financial benefits, workers must be kept up to date in the payment of contributions corresponding to periods of inactivity, for which they are responsible for income

— During periods of inactivity, the protective action of the special system shall include financial benefits for maternity, paternity, permanent incapacity and death and survival resulting from common contingencies, as well as retirement (Article 256 TRLGSS).

Workers included in the Special Social Security Scheme for Self-employed or Self-employed Workers are covered for the contingency of permanent incapacity. In any case, for the recognition and payment of benefits, workers included in this special scheme must comply with the requirement to be aware of the payment of contributions (Articles 314 and 318(c) TRLGSS). 

Workers included in the Special Regimes of Sea Workers and Coal Mining are covered by the contingency of permanent incapacity on the same terms as in the General Regime.

C.            Please furnish under this Article statistical information, as follows:

                i.              if recourse is had to sub‑paragraph (a), in the form set out in Title I under Article 74 below; or

iv.                  if recourse is had to sub‑paragraph (b), in the for7n set out in Title II under Article 74 below; or

v.                    if recourse is had to sub‑paragraph (c), in the form set out in Title IV under Article 74 below.

This information is contained in Part XI of the present report.

D.            If recourse is had to Article 6 above (voluntary insurance) for all or any of the schemes concerned, please furnish information under this Article in the form set out under Article 6.

Permanent disability benefits are part of the protective action of all schemes on a compulsory and irrevocable basis.

Article 56

1.             The benefit shall be.a periodical payment calculated as follows:

(a) where classes of employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;

(b) where all residents whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67.

A.            If recourse is had to sub‑paragraph (a) or (b) of Article 55 for defining the scope of protection please state whether recourse is had to the provisions of Article 65 or to those of Article 66 for the calculation of the invalidity benefit.

The rules for calculating invalidity benefits are in accordance with the minimum forecasts in Article 65, if we take as the standard beneficiary the one described in the Annex to Part XI for these purposes: Male with a spouse and two children.

In particular, the guaranteed minimum percentage for cases of permanent disability is 55 per cent of the regulatory basis, if the recognised degree is of total permanent disability for the usual profession.

If the incapacity is absolute for all types of work, the percentage recognised shall be 100 per cent of the regulatory base and, if a person is required to care for the disabled person (high disability), a supplement consisting of the sum of 45 per cent of the minimum contribution base in force at the time of the cause and 30 per cent of the worker’s last contribution base corresponding to the contingency resulting from the situation of permanent incapacity is recognised.

All these amounts exceed the minimum set at 50 per cent of the beneficiary’s previous profit plus family allowances, under the conditions set out in the Annex to Part XI. It should be borne in mind that the regulatory base is composed of the average of the contribution bases for a given period, and, in turn, these bases correspond to the remuneration accrued monthly by the worker increased by the proportional share of remuneration exceeding the month.

Please furnish, under this Article, statistical information, as follows:

i. if recourse is had to Article 65, in the form set out in Titles I, II and V under Article 65 below; or

vi.                  if recourse is had to Article 66, in the form set out in Titles I, II and V under Article 66 below.

The amount of the benefit is calculated in the manner indicated in Article 57, question 2, having the worker’s salary impact on that amount, when the employee’s contribution bases are taken into account on a regulatory basis as indicated. 

Statistical information is contained in Part XI of this report.

B.            If recourse is had to sub‑paragraph (c) of Article 55 for defining the scope of protection please furnish, under this Article, information in the form set out in Titles I and II under Article 67 and in Title I under Article 66 below.

Article 55 (c) is not used.

If recourse is had to the provisions of sub‑paragraph (d) of Article 67 please furnish information in the form set out in the different Titles under Article 67 below.

The amount of the pension is calculated as indicated in Article 57, question 2, with the above percentages depending on the degree of disability. 

They do not affect the amount of the benefit, or the percentage applicable to the regulatory base, the income that the beneficiary may have or his family situation (unless he is entitled to the minimum supplement).

C.            Whether recourse is had to Article 65, Article 66 or Article 67, please furnish statistical information on the review of the amount of invalidity benefit in the form set out in Title VI under Article 65 below.

This information is contained in Part XI of the present report.

Article 57

1.             The benefit specified in Article 56 shall, in a contingency covered, be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or 10 years of residence; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years of contribution and in respect of whom, while he was of working age, the prescribed yearly average number of contributions has been paid.

2.             Where the benefit referred to in paragraph 1 of this Article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected who has completed, prior to the contingency, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, all economically active persons are protected, to a person protected who has completed a qualifying period of three years contribution and in respect of whom, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1 (b) of this Article has been paid.

3.             The requirements of paragraph 1 of this Article shall be deemed to be satisfied where a benefit calculated in conformity with the requirements of Part XI but at a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected who has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

4.             A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the pension corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

1.Please indicate, for each scheme concerned, the nature and the length of the minimum qualifying period or the average yearly number of contributions, as the case may be, which entitles the persons protected to a benefit.

Please summarise the rules concerning the computation of such qualifying period.

Permanent contributory disability:

In the case of partial permanent incapacity, the minimum period of contribution payable shall be one thousand eight hundred days, which must be included in the ten years immediately preceding the date on which the temporary incapacity resulting from the permanent incapacity has ceased.

In the case of permanent disability pensions, the minimum contribution period payable shall be:

if the perpetrator is less than thirty-one years of age, one third of the time elapsed between the date on which he or she reached the age of sixteen and that of the act causing the pension.

if the deceased has reached the age of thirty-one years, one quarter of the time elapsed between the date on which he or she reached the age of twenty and that of the act causing the pension, with a minimum of five years in any case. In this case, at least one fifth of the qualifying contribution period shall be within the ten years immediately preceding the event causing it.

In cases where the permanent disability pension is granted from a situation of discharge or equivalent to that of discharge, without obligation to contribute, the period of ten years, within which at least one fifth of the contribution period payable must be included, shall be counted backward from the date on which the obligation to contribute ceased.

Permanent disability pensions in the grades of absolute permanent incapacity or high incapacity resulting from common contingencies may be caused even if the persons concerned are not at the time of the causing act in discharge or assimilated to that of discharge. In such cases, the minimum contribution period payable shall in any case be fifteen years, of which at least three years must be covered within the ten years immediately preceding the date of the causation (Article 195(2), (3) and (4) TRLGSS)

In cases where permanent incapacity arises from an accident, no minimum contribution period is required.

Non-contributory invalidity:

The conditions or requirements for accessing an invalidity pension in the non-contributory modality are:

— Age: Be over 18 years of age and under 65 years of age.

— Residence: Reside legally in Spanish territory and have done so for 5 years, of which two immediately prior to the request.

— Disability: Be affected by a disability or chronic illness to a degree greater than 65 %.

— Income: Lack of sufficient income or income. The person concerned is deemed to have no income or income, if the sum, in annual calculation, of the benefit is less than the amount, also in annual calculation, of the benefit. The limit of resource accumulation is increased by the number of cohabitants in the same economic unit.

Please state whether recourse is had to paragraphs 1 and 2 or paragraphs 3 or 4 of this Article.

Paragraphs 1 and 2 of this Article have been used.

2. If recourse is had to paragraphs 1 and 2 the benefit the amount of which is shown under Article 56 should be the benefit granted during the time basis to a standard beneficiary who has completed 15 years of contribution or employment or ten years of residence. Please indicate under this Article how the reduced benefit is calculated to which a standard beneficiary is entitled who has completed a qualifying period of five years of contribution or employment or in respect of whom half the yearly average number of contributions prescribed for title to full benefit has been paid.

The benefit granted to a male with a spouse and two children (Annex to Part XI) with 5 years of contribution would be:

Total permanent incapacity for the usual profession: 55 % of the regulatory base.

Absolute permanent incapacity for all types of work: 100 % of the regulatory base.

Great disability: 100 % of the regulatory base plus the referenced complement.

These percentages do not differ depending on the contingency that motivates the incapacity, although the calculation of the regulatory basis is different depending on the professional or common contingencies. 

The regulatory basis for the permanent disability pension derived from common illness shall be determined in accordance with the following rules:

   The ratio resulting from the division by 112 of the data subject’s contribution bases shall be found during the 96 months preceding the month preceding that of the causative act. The bases corresponding to the 24 months preceding the month preceding that of the causative event shall be computed at their nominal value, the remaining computable quotation bases shall be updated in accordance with the evolution of the consumer price index (CPI) from the months to which they correspond until the month preceding the month in which the non-updatable base period begins.

   The result obtained by virtue of the provisions of the previous rule shall be applied by the percentage corresponding to the years of contribution, according to a scale legally provided for the retirement pension, and for that purpose the years which the person concerned is deducted from in order to reach the ordinary retirement age in force at each time shall be considered as contributions. If 15 years of contributions are not reached, the applicable rate shall be 50 per cent.

The regulatory basis for the permanent disability pension arising from a non-work accident shall be the ratio resulting from dividing the sum of the contributor’s contribution bases by 28 for an uninterrupted period of 24 months, chosen by the beneficiaries within the 7 years immediately preceding the date of the causation.

The regulatory basis for the permanent disability pension derived from occupational contingencies will be the result of dividing the following three sums by 12:

a) daily wage for 365.

b) extraordinary hours, plus bonuses, plus supplements, plus other accruals, divided by the number of days actually worked and multiplying the result by 273, unless the number of working days in the activity in question is lower, in which case the corresponding multiplier shall apply. 

c) Extraordinary payments, bonuses.

3. If recourse is had to paragraph 3 the benefit the amount of which is shown under Article 56 should be the benefit granted during the time basis to a standard beneficiary who has completed five years of contribution or employment or residence.

No use of paragraph 3

4. If recourse is had to paragraph 4 the benefit the amount of which is shown under Article 56 should be the benefit granted during the time basis to a standard beneficiary who has completed a qualifying period of more than five years but less than 15 years of contribution or employment. Please indicate the length of the qualifying period required.

No use of paragraph 4

Article 58

The benefit specified in Articles 56 and 57 shall be granted throughout the contingency or until an old-age benefit becomes payable.

Please state whether, in accordance with the provisions of this Article, invalidity benefit is granted for the whole duration of the contingency or until it is replaced by old-age benefit.

Disability benefits consisting of periodic payments are treated as indefinite pensions, as long as there is no disability improvement review. They are therefore maintained throughout the duration of the contingency.

Permanent disability pensions, when beneficiaries reach the age of sixty-seven, will be renamed retirement pensions. The new denomination shall not imply any modification in respect of the conditions of the benefit received (Article 200.4 TRLGSS)

Entitlement to permanent disability benefits arising from common contingencies shall not be granted where the beneficiary, at the date of the causative act, has the age of access to the ordinary retirement pension and meets the requirements for access to retirement pension in the social security system (Article 195.1 TRLGSS)

On the other hand, the permanent disability pension is compatible with the receipt of a separate retirement pension, provided that each pension can be recognised and quantified with the contributions corresponding to each of the schemes.

It is incompatible with the receipt of a retirement pension under the same scheme, and with the receipt of a retirement pension recognised under a different scheme if, in the latter case, for the accreditation of the right or for the improvement of the right, one had to resort to the scheme recognising permanent incapacity. In both cases one of the pensions must be chosen.

Please state, with reference to Article 68 below, the provisions, if any, for the suspension of invalidity benefit under the scheme or schemes concerned.

In addition to cases of suspension for work declared to be incompatible, the right to financial benefits for permanent incapacity may be suspended in the event of one of the following circumstances:

-       Where the beneficiary has acted fraudulently to obtain or retain the right to them.

-       Where the permanent incapacity is due or has been aggravated as a result of reckless recklessness of the beneficiary.

-       Where the permanent incapacity is due or has been aggravated as a result of the refusal or abandonment of the beneficiary, without reasonable cause, of the medical treatment indicated to him during the situation of temporary incapacity.

-       Where the beneficiary, without reasonable cause, rejects or abandons the appropriate rehabilitation and rehabilitation treatments or processes (Article 23.1 Order of 15 April 1969 laying down rules for the application and development of disability benefits under the General Social Security Scheme).
PART X

Form for the annual report

on the European Code of Social Security

PART X

SURVIVORS’ BENEFIT

Article 59

Each Contracting Party for which this Part of the Code is in force shall secure to the persons protected the provision of survivors' benefit in accordance with the following Articles of this Part.

Article 60

1.             The contingency covered shall include the loss of support suffered by the widow or child as the result of the death of the breadwinner; in the case of a widow, the right to benefit may be made conditional on her being presumed, in accordance with national laws or regulations, to be incapable of self‑support.

2.             National laws or regulations may provide that the benefit of a person otherwise entitled to it may be suspended if such person is engaged in any prescribed gainful activity or that the benefit, if contributory, may be reduced where the earnings of the beneficiary exceed a prescribed amount, and, if non‑contributory, may be reduced where the earnings of the beneficiary or his other means or the two taken together exceed a prescribed amount.

1. Please state whether recourse is had to the last sentence of paragraph 1 of this Article, according to which, in the case of the widow, the right to benefit may be made conditional on her being presumed to be incapable of self-support; if so please specify the rules governing the right to benefit.

2. Please state whether recourse is had to paragraph 2 of this Article and, if so, please summarise the rules concerning the suspension or the reduction of the benefit where the beneficiary is engaged in any gainful activity.

Article 61

The persons protected shall comprise:

(a) the wives and the children of breadwinners in prescribed classes of employees, which classes constitute not less than 50 per cent of all employees; or

(b) the wives and the children of breadwinners in prescribed classes of the economically active population, which classes constitute not less than 20 per cent of all residents; or

(c) all resident widows and resident children who have lost their breadwinner and whose means during the contingency do not exceed limits prescribed in such a manner as to comply with the requirements of Article 67.

A.            Please state to which of the sub‑paragraphs of this Article recourse is had.

B.            Please indicate the classes of employees the wives and children of whom are protected in accordance with the provisions of this Article, unless recourse is had to sub-paragraph (c).

C.            Please furnish under this Article statistical information, as follows:

i. if recourse is had to sub‑paragraph (a), in the form set out in Title 1 under Article 74 below; or

ii. if recourse is had to sub‑paragraph (b), in the form set out in Title II under Article 74 below; or

iii. if recourse is had to sub‑paragraph (c), in the form set out in Title IV under Article 74 below.

D.            If recourse is had to Article 6 above (voluntary insurance) for all or any of the schemes concerned please furnish information under this Article in the form set out under Article 6.


Article 62

The benefit shall be a periodical payment calculated as follows:

(a) where the wives and children of breadwinners in classes of employees or classes of the economically active population are protected, in such a manner as to comply either with the requirements of Article 65 or with the requirements of Article 66;

(b) where all resident widows and resident children whose means during the contingency do not exceed prescribed limits are protected, in such a manner as to comply with the requirements of Article 67.

A.            If recourse is had to sub‑paragraph (a) or (b) of Article 61 for defining the scope of protection, please state whether recourse is had to the provisions of Article 65 or to those of Article 66for the calculation of the survivors' benefit.

Please furnish, under this Article, statistical information as follows:

i. if recourse is had to Article 65, in the form set out in Titles I, IV and V under Article 65 below; or

ii. if recourse is had to Article 66, in the form set out in Titles I, IV and V under Article 66 below.

B.            If recourse is had to sub-paragraph (c) of Article 61 for defining the scope of protection, please furnish, under this Article, information in the form set out in Titles I and IV under Article 67 below and in Title I under Article 66 below.

If recourse is had to sub-paragraph (d) of Article 67, please furnish information in the form set out in the different Titles under Article 67.

C.            Whether recourse is had to Article 65, Article 66 or Article 67, please furnish information on the review of the amount of the survivors' benefit in the form set out in Title V1 under Article 65 below.

Article 63

1.             The benefit specified in Article 62 shall, in a contingency covered, be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period which may be 15 years of contribution or employment, or ten years of residence; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, the prescribed yearly average number of contributions has been paid.

2.             Where the benefit referred to in paragraph 1 of this Article is conditional upon a minimum period of contribution or employment, a reduced benefit shall be secured at least:

(a) to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution or employment; or

(b) where, in principle, the wives and children of all economically active persons are protected, to a person protected whose breadwinner has completed a qualifying period of three years of contribution and in respect of whose breadwinner, while he was of working age, half the yearly average number of contributions prescribed in accordance with paragraph 1 (b) of this Article have been paid.

3.             The requirements of paragraph 1 of this Article shall be deemed to be satisfied whereas benefit calculated in conformity with the requirements of Part XI but as a percentage of ten points lower than shown in the Schedule appended to that Part for the standard beneficiary concerned is secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, five years of contribution, employment or residence.

4.             A proportional reduction of the percentage indicated in the Schedule appended to Part XI may be effected where the qualifying period for the benefit corresponding to the reduced percentage exceeds five years of contribution or employment but is less than 15 years of contribution or employment; a reduced benefit shall be payable in conformity with paragraph 2 of this Article.

5.             In order that a childless widow presumed to be incapable of self‑support may be entitled to a survivors' benefit, a minimum duration of the marriage may be required.


1. Please state, for each scheme concerned, the nature and the length of the minimum qualifying period or the minimum average yearly number of contributions, as the case may be, which entitles the persons protected to benefits.

Please summarise the rules concerning the computation of such qualifying period.

Please state whether recourse is had to paragraphs 1 and 2 or to paragraphs 3 or 4 of this Article.

2. If recourse is had to paragraphs 1 and 2 of this Article the benefit the amount of which is shown under Article 62 should be the benefit granted during the time basis to a standard beneficiary whose breadwinner has cornpleted,15 years of contribution or employment or ten years of residence. Please state under this Article how the reduced benefit is calculated to which a standard beneficiary is entitled whose breadwinner has completed a qualifying period of five years of contribution or employment or in respect of whose breadwinner half the yearly average number of contributions prescribed for title to full benefit has been paid, as the case may be.

3. If recourse is had to paragraph 3 the benefit the amount of which is shown under Article 62 should be the benefit granted during the time basis to a standard beneficiary whose breadwinner has completed five years of contribution, employment or residence.

4. If recourse is had to paragraph 4 the benefit the amount of which is shown under Article 62 should be the benefit granted during the time basis to a standard beneficiary whose breadwinner has completed a qualifying period of more than five years but less than 15 years of contribution or employment. Please state the duration of the qualifying period.

                5. Please state whether recourse is had to paragraph 5. If so please specify the minimum duration of marriage

required for a childless widow presumed to be incapable of self-support to be entitled to benefit.

Article 64

The benefit specified in Articles 62 and 63 shall be granted throughout the contingency.

Please confirm that, in accordance with the provisions of this Article, survivors' benefit is granted throughout the contingency.

Please indicate, with reference to Article 68 and more particularly to sub-paragraph (j), the provisions, if any, for the suspension of the survivors' benefit under the scheme or schemes concerned.


STANDARDS TO BE COMPLIED WITH BY PERIODICAL PAYMENTS

Article 65

1.             In the case of a periodical payment to which this Article applies the rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, in respect of the contingency in question, for the standard beneficiary indicated in the Schedule appended to this Part, at least the percentage indicated therein of the total of the previous earnings of the beneficiary or his breadwinner and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary.

2.             The previous earnings of the beneficiary or his breadwinner shall be calculated according to prescribed rules, and where the persons protected or their breadwinners are arranged in classes according to their earnings, their previous earnings may be calculated from the basic earnings of the classes to which they belonged.

3.             A maximum limit may be prescribed for the rate of the benefit or for earnings taken into account for the calculation of the benefit, provided that the maximum limit is fixed in such a way that the provisions of paragraph 1 of this Article are complied with, where the previous earnings of the beneficiary or his breadwinner are equal to or lower than the wage of a skilled manual male employee.

4.             The previous earnings of the beneficiary or his breadwinner, the wage of the skilled manual male employee, the benefit and any family allowances shall be calculated on the same time basis.

5.             For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit for the standard beneficiary.

6.             For the purpose of this Article, a skilled manual male employee shall be:

(a) a fitter or turner in the manufacture of machinery other than electrical machinery; or

(b) a person deemed typical of skilled labour selected in accordance with the provisions of paragraph 7 of this Article; or

(c) a person whose earnings are equal to 125 per cent of the average earnings of all the persons protected.

7.             The person deemed typical of skilled labour for the purposes of paragraph 6 (b) of this Article shall be a person employed in the major group of economic activities with the largest number of economically active male persons protected in the contingency in question, or of the breadwinners of the persons protected, as the case may be, in the division comprising the largest number of such persons or breadwinners; for this purpose, the international standard industrial classification of all economic activities, adopted by the Economic and Social Council of the United Nations at its Seventh Session on 27th August 1948, and reproduced in Addendum 1 to this Code, or such classification as at any time amended, shall be used.

8.             Where the rate of benefit varies by region, the skilled manual male employee may be determined for each region in accordance with paragraphs 6 and 7 of this Article.

9.             The wage of the skilled manual male employee selected in accordance with paragraph 6 (a) and (b) of this Article shall be determined on the basis of the rates of wages for normal hours of work fixed by collective agreements, by or in pursuance of national laws or regulations, where applicable, or by custom, including cost‑of‑living allowances if any; where such rates differ by region but paragraph 8 of this Article is not applied, the median rate shall be taken.

10.           The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

Note: The information asked for below, in Titles I to VI, is required to furnish evidence, in accordance with paragraph 1 (b) of Article 74 of compliance with the statistical conditions specified in Article 65, and should be given, for each Part accepted, as indicated under the corresponding Article of each Part.


TITLE I

(Articles 16, paragraph 1; 22, paragraph 1; 28; 36, paragraph 1; 50; 56 (a) and 62(a))

Los artículos 22 y 62 corresponden a partes no suscritas por España

A.            Please summarise the rules for the calculation of the benefit and the computation of the previous earnings. Please state whether recourse is had to the provisions of paragraph 3 of Article 65, and if so, please indicate the maximum amount prescribed for the benefit or for the earnings taken into account for the computation of the benefit.

B.            Please state to which of the provisions of paragraph 6 and following of Article 65 recourse is had for selecting the skilled manual male employee to whose wage paragraph 3 of Article 65 refers.

1. Please specify more particularly:

(a) if recourse is had to sub‑paragraph (b) of paragraph 6:

i. how the division and the major group of economic activity to which the typical skilled employee belongs are determined with reference to paragraph 7; and

ii. how the typical skilled employee in the major group is chosen; or

(b) if recourse is had to sub‑paragraph (c) of paragraph 6, how the average earnings of all the persons protected are computed.

2. Please indicate, in any event, the time basis on which the wage of the typical skilled employee is calculated, with reference to the provisions of paragraph 9 of Article 65. Please confirm that, in accordance with the provisions of paragraph 4 of that Article, the same time basis is used for calculating the benefit and the family allowances.

C.            Please indicate the amount of the wage of the skilled manual male employee selected as shown under B (standard wage):

1. Where the rate of benefit under the scheme concerned varies by region please state whether recourse is had to the provisions of paragraph 8 of Article 65 and, if so, please give the amount of the wage of the skilled employee selected for each region concerned.

2. Where the wage varies by region and paragraph 8 if Article 65 is not applicable, please give the amount of the median wage.

TITLE II

(Articles 16, paragraph 1; 22, paragraph 1; 36, paragraph[3]  and 56 (a))

The standard beneficiary for whom the following information should be given, for each scheme concerned, is a man with a wife and two children where the previous earnings serving for the calculation of the benefit are equal to the wage of the skilled manual male employee shown in Title I, under C, above.

D.            Amount of benefit granted during the time basis.[4]

E.             Amount of family allowances, if any, payable during employment for a period equal to the time basis.

F.             Amount of family allowances, if any, payable during the contingency for a period equal to the time basis.

G.            Sum of benefit and family allowances payable during the contingency (D + F)per cent of sum of the standard wage and family allowances payable during employment (C + E).

If recourse is had to paragraph 8 of Article 65 please furnish the same information for each region concerned.


TITLE III

(Article 28)

The standard beneficiary for whom the following information should be given, for each scheme concerned, is a man with a wife of pensionable age where the previous earnings of the husband serving for calculation of the benefit are equal to the wage of the skilled manual male employee shown in Title I, under C, above.

D.            Amount of benefit granted during the time basis.1

E.             Amount of family allowances, if any, payable in respect of the wife during employment for a period equal to the time basis.,

F.             Amount of family allowances, if any, payable in respect of the wife during the contingency, for a period equal to the time basis.

G.            Sum of benefit and family allowances payable during the contingency (D + E) per cent of sum of the standard wage and family allowances payable during employment (C + E).

If recourse is had to paragraph 8 of Article 65 please furnish the same information for each region concerned.

TITLE 1V

(Articles 36, paragraph 12; and 62(a))

The standard beneficiary for whom the following information should be given, for each scheme concerned, is a widow with two children where the previous earnings of the late breadwinner serving for the calculation of the benefit are equal to the wage of the skilled manual male employee shown in Title I, under C, above.

D.            Amount of benefit granted during the time basis.3

E.             Amount of family allowances, if any, payable during employmen4t for a period equal to the time basis.

F.             Amount of family allowances, if any, payable during the contingency, for a period equal to the time basis.

G.            Sum of benefit and family allowances payable during the contingency (D + F) per cent of sum of the standard wage and family allowances payable during employment (C + E).

If recourse is had to paragraph 8 of Article 65 please furnish the same information for each region concerned.

TITLE V

(Articles 16, paragraph 1; 22, paragraph 1; 28, paragraph 1; 36, paragraph 1;

50; 56 (a) and 62 (a))

The beneficiary for whom the following information should be given, for each scheme concerned, is a woman employee5 whose previous earnings serving for the calculation of benefit were equal to the wage of the skilled manual male employee shown in Title I, under C, above.

D.            Amount of benefit granted during the time basis6.

G.            Amount of benefit (D)per cent of the standard wage (C)

If recourse is had to paragraph 8 of Article 65 please furnish the same information for each region.

TITLE VI

(Article 28; 36[11]; 56 and 62)

1. Please state the methods adopted for giving effect, where necessary, to the provisions of paragraph 10 of Article 65 or of paragraph 8 of Article 66.

2. Please give the following information:

Period under review

Cost‑of‑living index

Index of earnings*

A. Beginning of period**      

B. End of period**

C. Percentage  A    

                           B

               

               

               

               

               

               

* The index of earnings should correspond to the classes of employees or economically active persons shown under the Article dealing with persons protected (Articles 27, 33, 55 or 61). If no index of earnings is available, the index of money wages may be substituted.

** The indices at the beginning and end of each period should refer to the same base.

3. Please state whether the amount of the periodical payments has been reviewed during the period of reference. If so, please indicate the changes made in the level of benefits and furnish the following information:

Period under review*

Benefit

Average per

Beneficiary

I**

Benefit for

Standard beneficiary

II**

Other estimates

Of benefit level

III**

A. Beginning of period          

B. End of period     

C. Percentage  A    

                           B

               

               

               

               

               

               

               

               

               

* This period should, as far as possible, coincide with the period referred to in the table under paragraph 2.

** Please give such data in columns I, II and III as will show the percentage variation of the benefit.

Article 66

1.             In the case of a periodical payment to which this Article applies, the rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, in respect of the contingency in question, for the standard beneficiary indicated in the schedule appended to this Part, at least the percentage indicated therein of the total of the wage of an ordinary adult male labourer and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary.

2.             The wage of the ordinary adult male labourer, the benefit and any family allowances shall be calculated on the same time basis.

3.             For the other beneficiaries, the benefit shall bear a reasonable relation to the benefit for the standard beneficiary.

4.             For the purpose of this Article, the ordinary adult male labourer shall be:

(a) a person deemed typical of unskilled labour in the manufacture of machinery other than electrical machinery; or

(b) a person deemed typical of unskilled labour selected in accordance with the provisions of the following paragraph.

5.             The person deemed typical of unskilled labour for the purpose of paragraph 4 (b) of this Article shall be a person employed in the major group of economic activities with the largest number of economically active male persons protected in the contingency in question, or of the breadwinners of the persons protected, as the case may be, in the division comprising the largest number of such persons or breadwinners; for this purpose the international standard industrial classification of all economic activities, adopted by the Economic and Social Council of the United Nations at its Seventh Session on 27th August 1948, and reproduced in Addendum 1 to this Code, or such classification as at any time amended, shall be used.

6.             Where the rate of benefit varies by region, the ordinary adult male labourer may be determined for each region in accordance with paragraphs 4 and 5 of this Article.

7.             The wage o f the ordinary adult male labourer shall be determined on the basis of the rates of wages for normal hours of work fixed by collective agreements, by or in pursuance of national laws or regulations, where applicable, or by custom, including cost-of-living allowances if any; where such rates differ by region but paragraph 6 of this Article is not applied, the median rate shall be taken.

8.             The rates of current periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

Note: The information asked for below, in Titles 1 to V, is required to furnish evidence, in accordance with paragraph 1 (b) of Article 74 of compliance with the statistical conditions specified in Article 66, and should be given for each Part accepted, as indicated under the corresponding Article of each Part.

TITLE I

A.            Please state to which of the provisions of paragraph 4 and following of Article 66 recourse is had for selection of the ordinary adult male labourer to whose wage paragraph 1 of Article 66 refers.

1. Please specify, more particularly, whether recourse is had to sub-paragraph (b) of paragraph 4; if so, please state:

i. how the division and the major group of economic activity to which the ordinary labourer belongs are determined, with reference to paragraph 5; and

ii. how the typical ordinary labourer in the major group is chosen.

2. Please indicate, in any event, the time basis on which the wage of the ordinary adult labourer is calculated, with reference to the provisions of paragraph 7 of Article 66. Please confirm that, in accordance with the provisions of paragraph 2 of that Article, the same time basis is used for calculating the benefit and the family allowances.

B.            Please state the amount of the wage of the ordinary adult labourer selected (standard wage).

1. Where the rate of benefit under the scheme concerned varies by region, please state whether recourse is had to the provisions of paragraph 6 of Article 66, and if so, please give the amount of the wage of the ordinary adult labourer for each region concerned.

2. Where the wage varies by region and paragraph 6 of Article 66 is not applicable, please give the amount of the median wage.


TITLE II

(Articles 16, paragraph 1; 22, paragraph 1; 36, paragraph 1[12] and 56 (a))

The standard beneficiary for whom the following information should be given, for e ach scheme concerned, is a man with a dependent wife and two children.

C.            Amount of benefit granted during the time basis.[13]

D.            Amount of family allowances, if any, payable during employment, for a period equal to the time basis.

E.             Amount of family allowances, if any, payable during the contingency, for a period equal to the time basis.

F.             Sum of benefit and family allowances payable during the contingency (C + E) per cent of sum of the standard wage and family allowances payable during employment (B + D).

If recourse is had to paragraph 6 of Article 66 please furnish the same information for each region concerned.

Please summarise the rules for the calculation of the benefit.

TITLE III

(Article 28)

The standard beneficiary for whom the following information should be given, for each scheme concerned, is a man with a wife of pensionable age.

C.            Amount of benefit granted during the time basis.[14]

D.            Amount of family allowances, if any, payable in respect of the wife during employment, for a period equal to the time basis.

E.             Amount of family allowances, if any, payable in respect of the wife during the contingency, for a period equal to the time basis.

F.             Sum of benefit and family allowances payable during the contingency (C + E) per cent of sum of the standard wage and family allowances payable during employment (B + D).

If recourse is had to paragraph 6 of Article 66, please furnish the same information for each region concerned.

Please summarise the rules for the calculation of the benefit.

TITLE IV

(Articles 36, paragraph 1[15]; and 62 (a))

The standard beneficiary for whom the following information should be given, for each scheme concerned, is a widow with two children.

C.            Amount of benefit granted during the time basis.[16]

D.            Amount of family allowances, if any, payable during employment[17] for a period equal to the time basis.

E.             Amount of family allowances, if any, payable during the contingency for a period equal to the time basis.


F.             Sum of benefit and family allowances payable during the contingency (C + E)per cent of sum of the standard wage and family allowances payable during employment (B + D).

If recourse is had to paragraph 6 of Article 66 please furnish the same information for each region concerned.

Please summarise the rules for the calculation of the benefit.

TITLE V

(Articles 16, paragraph 1; 22, paragraph 1; 28, paragraph 1; 36, paragraph 1; 50;

56 (a) and 62 (a))

The beneficiary for whom the following information should be given, for each scheme concerned, is a woman employee.[18]

C.            Amount of benefit granted during the time basis.

F.             Amount of benefit (C) per cent of the standard wage (B).

If recourse is had to paragraph 6 of Article 66 please furnish the same information for each region concerned.

Please summarise the rules for the calculation of the benefit.

Article 67

In the case of a periodical payment to which this Article applies:

(a) the rate of the benefit shall be determined according to a prescribed scale or a scale fixed by the competent public authority in conformity with prescribed rules;

(b) such rate may be reduced only to the extent by which the other means of the family of the beneficiary exceed prescribed substantial amounts or substantial amounts fixed by the competent public authority in conformity with prescribed rules;

(c) the total of the benefit and any other means, after deduction of the substantial amounts referred to in subparagraph (b) of this Article, shall be sufficient to maintain the family of the beneficiary in health and decency, and shall be not less than the corresponding benefit calculated in accordance with the requirements of Article 66;

(d) the provisions of sub‑paragraph (c) of this Article shall be deemed to be satisfied if the total amount of benefits paid under the Part concerned exceeds, by at least 30 per cent, the total amount of benefits which would be obtained by applying the provisions of Article 66 and the provisions of:

i. Article 15 (b) for Part III

ii. Article 27 (b) for Part V;

iii. Article 55 (b) for Part IX

iv. Article 61 (b) for Part X.

NOTE: The information asked for below, in Titles I to V, is required to furnish evidence, in accordance with paragraph 1 (b) of Article 74 of compliance with the statistical conditions specified in Article 67, and should be given for each Part accepted, as indicated under the corresponding Article of each Part.

TITLE I

(Articles 16, paragraph 2; 22, paragraph 2; 28 (b); 56 (b) and 62 (b))

A.            Please state how the scale determining the rate of benefit is prescribed or fixed. Please include a copy of such scale with this report.

B.            Please state whether recourse is had to the provisions of sub‑paragraph (b) of Article 67 and, if so, indicate the reductions made in the rate of benefit according to the amount of the other means of the family of the beneficiary.


TITLE II

(Articles 16, paragraph 2; 22, paragraph 2; and 56 (b))

The standard beneficiary for whom the following information should be given, for each scheme concerned, is a man with a wife and two children whose means during the contingency are lower than or equal to the substantial amounts shown above.[19]

C.            Amount of benefit granted during the time basis.[20]

D.            Amount of family allowances, if any, payable during employment for a period equal to the time basis.

E.             Amount of family allowances, if any, payable during the contingency for a period equal to the time basis.

F.             Sum of benefit and family allowances payable during the contingency (C + E) per cent of sum of the standard wage[21] and family allowances payable during employment (B66 + D).

TITLE III

(Article 28)

The standard beneficiary for whom the following information should be given, for each scheme concerned, is a man with a wife of pensionable age whose means during the contingency are lower than or equal to the substantial amounts shown under Article 27 above.

C.            Amount of benefit granted during the time basis.[22]

D.            Amount of family allowances, if any, payable in respect of the wife during employment, for a period equal to the time basis.

E.             Amount of family allowances, if any, payable in respect of the wife during the contingency, for a period equal to the time basis.

F.             Sum of benefit and family allowances payable during the contingency (C + E)per cent of sum of the standard

wage 3 and the family allowances payable during employment (B66 + D).

TITLE IV

(Article 62 (b))

The standard beneficiary for whom the following information should be given, for each scheme concerned, is a widow with two children whose means during the contingency are lower than or equal to the substantial amounts

shown under Article 61 above.

C.            Amount of benefit granted during the time basis.[23]

D.            Amount of family allowances, if any, payable during employment[24] for a period equal to the time basis.

E.             Amount of allowances, if any, payable during the contingency for a period equal to the time basis.

F.             Sum of benefit and family  v allowances payable during the contingency (C + E)per cent of sum of the standard

Wage1 and the family allowances payable during employment(B66 + D).


TITLE V

(Articles 16, paragraph 2; 28 (b); 56 (b); and 62 (b))

Note: If recourse is had to sub‑paragraph (d) of Article 67, please give the information requested in Title I under Article 66 and, in addition, the information requested below.

A.            Total amount of benefits paid under the schemes concerned during the period covered by the report.

B.            Total number of residents.[25]

C.            Twenty per cent of the total number of residents.

Part III

Parts V, IX and X

D.            Estimated annual number of days of sickness per insured person.

E.             Estimated annual number of days of sickness in respect of which benefit would have been paid (C x D).

D.            Presumed ratio “beneficiaries/insured persons”.

E.             Presumed number of beneficiaries (C x D).

F.             Total amount of benefit that would be payable according to Article 66 = percentage shown in the Schedule to Part XI multiplied by standard wage calculated as shown under Title I under Article 66 multiplied by E[26].

SCHEDULE TO PART XI

PERIODICAL PAYMENTS TO STANDARD BENEFICIARIES

Part

Contingency

Standard beneficiary

Percentage

III

IV

V

VI

VIII

IX

X

Sickness 

Unemployment       

Old age   

Employment injury:

   Incapacity for work             

   Total loss of earning capacity              

   Survivors            

Maternity

Invalidity

Survivors

Man with wife and two children            

Man with wife and two children            

Man with wife of pensionable age         

Man with wife and two children            

Man with wife and two children            

Widow with two children       

Woman   

Man with wife and two children            

Widow with two children       

45

45

40

50

50

40

45

40

40



PART XI

Spain has ratified the following parts of the Code:

 Part II:

Health care

 Part III:

Sickness compensation

 Part IV:

Unemployment benefits

 Part V:

Old-age benefits

 Part VI:

Occupational Accidents and Occupational Diseases Benefits

 Part VIII:

Maternity benefits

 Part IX:

Invalidity benefits

In order to respond to the questions included in this paragraph, a scheme in accordance with those parties ratified by Spain will be followed.

PART II

HEALTH CARE

Article 9

A.   Subparagraph (c) is chosen from prescribed categories of residents, which make up at least 50 per cent of the total number of residents.

B.   All residents of Spain are protected, in accordance with the provisions of Royal Decree-Law 7/2018. ..

C.III. Article 74. Title III.

A.  Number of protected residents (including holders and beneficiaries)................................................................................................................................................................................................

47.121.580*

B.  Total number of residents (including children and seniors)...............................................................................................................................................................................

47.351.567

C.  Percentage representing the number of protected residents in relation to the total residents........................................

99,5 %

Source: Protected PopulationDatabase of the National Health System. Includes 609,366 mutualists from ISFAS and MUGEJU (private option) whose data are in the process of being incorporated into this database

                Source: National Institute of Statistics. Provisional population figures at 1.07.2020

The figure for paragraph A indicates the residents whose health care is publicly funded, including mutual societies of officials and regardless of whether their service provider is public or private.

PART III

SICKNESS COMPENSATION

Article 15

A.  Subparagraph (a) is used for protected persons, in the prescribed category of employees, who make up at least 50 per cent of all employees.

B.  All salaried workers who are covered by the relevant (General or Special) Social Security System (General or Special) Scheme are protected by this benefit.

C.  Article 74. Title I.

A.  Protected employees:

                     i.     Under the General Regime....

..........................................

15.548.654

                   ii.     Under Special Regimes:

61.748

­    Special Regime of the Sea Accounts Ajena............

60.673

­    Special Regime of Coal Mining....

1.075

                                                                                                                               iii.     TOTAL.........................................................

15.610.402

B.  Total number of employees....

.........................................................................................................................................................

15.610.402

C.  Percentage representing the total number of employees (A.iii) in relation to the total number of employees (B)

100 %

Source: Ministry of Inclusion, Social Security and Migration

Statistical information, middle affiliates March 2021

Article 16

A. Article 65 has been used for the calculation of the benefit.

Article 65 Title I

A.   The calculation of the benefit is made on a daily contribution basis, which is the result of dividing the basis of the previous month by the number of days to which that contribution corresponds. For this basis of daily calculation, in the case of common illness and non-work accident, a percentage of 60 % is applied, which is the daily amount of the benefit from day 4 to day 20. From day 21 the percentage applied is 75 %.

B.   The qualified worker who has been taken as a reference has been that of article 65, paragraph 6 (c), i.e. a qualified male worker who earns a wage equal to 125 per cent of the average earnings of all protected persons. The social security contribution base coincides with this salary.

                                 B. 1     The average gain of protected persons has been obtained through the Labour Cost Survey conducted by the National Statistical Institute, which includes the amounts corresponding to regular payments, which relate to monthly payments, including extraordinary payments that are assessed.

                                 B. 2     The base time referred to the previous earnings that determines the salary of qualified workers corresponds to the average wage for 2019 (last annual labour cost survey published by the National Statistics Institute in July 2020).

C.   Amount of the average wage of the qualified male worker who has been chosen: EUR 2635.98 per month, representing an annual amount of EUR 31631.82 and a daily amount of EUR 87.86 (gross salary, twelve payments).

The net salary of the presumption without children is EUR 65.62/day or EUR 1968.81/month (18.96 % retention Tax on the Income of Physical Persons -IRPF- and 6.35 % of Social Security contributions) which represent an annual amount of EUR 23625.80.

The net salary of the assumption with 2 children is EUR 68.44/day or EUR 2053.43/month (15.75 % retention Tax on the Income of Physical Persons (IRPF) and 6.35 % of social security contributions) which represent an annual amount of EUR 24641.18.

       Article 65.  Title II.

               Type beneficiary: Man with a wife and two children with a salary prior to that of point C of the previous Title.

D.   Amount of allowance allocated at the base time.

                              Basis for calculation: EUR 87,86/day (gross) and EUR 68,44/day (net).

The daily amounts of the benefit in gross and net terms, taking into account the withholdings by I.R.P.F (for a man married to a non-working woman and two children, is 15.75 %) and 6.35 % for social security contributions paid by the worker (corresponding to 4.7 % for common contingencies, 1.55 % for unemployment and 0.1 % for vocational training) are as follows:

Payment period

 Gross amount EUR/day

Net­amount EUR/day

Payments day 4-20

 20:

52.71

41.06

Payments from day 21:

65.89

51.33

E.   He is not entitled to family benefits as it exceeds the income limit which gives entitlement to such benefit.

F.He is not entitled to family benefits as he exceeds the income limit which gives entitlement to the benefit.

G.   Percentage (D)/(C).

Payment period

In gross terms

In net terms

Days 4 to 20:

60,0 %

60,0 %

From day 21:

75,0 %

75,0 %


PART IV

UNEMPLOYMENT BENEFITS

Article 20

      Unemployment benefit protects the situation of workers who, if they are able and willing to work, lose their employment temporarily or permanently, or temporarily reduce their daily working hours between a minimum of 10 % and a maximum of 70 %, with a corresponding reduction in wages.

Article 21

A.     Subparagraph (a) of this article is chosen.

B.     Workers who are in the situation described in article 20 are protected by unemployment benefit.

C.    Article 74. Title I.

A. EMPLOYEES PROTECTED BY UNEMPLOYMENT BENEFIT:

TOTAL GENERAL REGIME

14.494.611

General scheme

14.137.886

S.Especial Agrarian (Actives)

356.725

SPECIAL REGIMES:

S.S.Special of the Sea account

52.349

Special Coal Mining Scheme

1.072

TOTAL

14.548.032

B. TOTAL NUMBER OF EMPLOYEES:

16.212.122

C. Percentage of the total number of employees protected by unemployment in the total number of employees

89,74%

Source: Ministry of Inclusion, Social Security and Migration

Date of information: July 2021.


Article 22

A.   The rules of Article 65 have been used.

Article 65. Title I.

A.     The amount of the benefit is calculated on a basis which is equal to the average of the contribution bases of the 180 days preceding the unemployment situation. The base applies 70 per cent for benefits paid between 1 and 180 and 50 per cent for benefits paid from day 181 onwards. There is a maximum ceiling on the benefit, which in the event that the worker does not have dependent children is 175 % of the monthly Public Multi-Effect Income Indicator (IPREM), increased by one sixth of the extra pay. This amount  is EUR 1098,09/month, in 2020 and EUR 1153,33/month in 2021.

  For a worker with a child under the age of 26, the ceiling is 200 % of IPREM increased by a sixth, i.e. EUR 1254.96/month in 2020 and EUR 1318.10/month in 2021.

  For a worker with two children under the age of 26, the ceiling is 225 % of IPREM increased by a sixth, i.e. EUR 1411.83/month in 2020 and EUR 1482.86/month in 2021.

  For a worker with two children under 26 years of age, in 2019, the ceiling is 225 % of IPREM increased by one exto, i.e. EUR 1411.83/month.

  The duration of the benefit is based on previous periods of contribution and ranges from 120 days to 720 days maximum.

B.   The qualified worker who has been taken as a reference has been that of Article 65(6)(c), that is, the one who earns a salary equal to 125 percent of the average profit of all protected persons.

The average earnings of protected persons have been obtained through the Annual Labour Cost Survey conducted by the National Statistical Institute, which collects the amounts corresponding to total wage payments, which includes monthly payments, extraordinary payments that are prorated, payments exceeding the month without assessment, and arrears.

The base time for calculating the previous gain of the skilled worker corresponds to the average wage for 2019.

C.  

Amount of the average wage of the qualified male worker who has been elected: EUR 2635.98 per month, representing an annual amount of EUR 31 631.82 and a daily amount of EUR 87.86 (gross salary, 12 payments).

The net salary of the case without children is EUR 65.62/day or EUR 1968.81/month (18.96 % withholding tax on personal income (IRPF) and 6.35 % of social security contributions) which represent an annual amount of EUR 23625.80.

The net salary of the case with 2 children is EUR 68.44/day or EUR 2053.43/month (15.75 % withholding tax on personal income (IRPF) and 6.35 % of social security contributions) which represent an annual amount of EUR 24641.18

These data correspond to the average wage for 2019, last annual labour cost survey, published by the National Institute of Statistics in July 2020.

      Article 65. Title II.

D.      Monthly amount of benefit for the type beneficiary with wife and two children.

Amount of the gross wage of the chosen type worker: EUR 2,442.73 2,635.98 per month.

Amount of the net wage of the chosen type worker: 1,973.00 EUR 2,053.43 per month.

The gross benefit would be 70 % of the basis of calculation for the first 180 days, and 50 % of that base from day181,  i.e. EUR 1709.91 1845.06/month and  EUR 1221.37 1317.90/month respectively. However, the gross amount received during the first 180 days is 1,411.83 EUR 1482.86 per month, as a result of the ceiling indicated above (225 % of IPREM).

In order to obtain the net benefit, the social security contributions payable by the unemployed person (4.7 per cent of the worker) and the percentage of personal income tax (0 per cent for this unemployed worker with a wife who does not work and have two children) are deducted.

Payment period

Gross amount EUR/month

How net­aunt euros/month

Day 1 to 180 payments:

1482,86

1358,98

Payments from day 181:

1317,90

1194,02

E.   He is not entitled to family benefits as he exceeds the income limit which gives entitlement to the benefit.

F.   He is not entitled to family benefits as he exceeds the income limit which gives entitlement to the benefit.

G.  Percentage of the amount of the benefit in relation to the standard salary.

Payment period

Gross percentage

Net percentage

Payments day 1 to 180:

57,80 %

65,74 %

Payments from day 181:

50,00 %

56,09 %

 Article 24

2.   In social security schemes which provide for this contingency, the duration of the benefit is based on the period of employment paid in the last six years prior to the legal situation of unemployment or the time at which the obligation to contribute ceased, or, where applicable, from the birth of the right to the previous unemployment benefit, on the following scale:

Period of employment quoted in the last 6 years

Duration of benefit

From 360 to 539 days

120 days

From 540 to 719 days

180 days

From 720 to 899 days

240 days

From 900 to 1,079 days

300 days

From 1,080 to 1,259 days

360 days

From 1,260 to 1,439 days

420 days

From 1,440 to 1,619 days

480 days

From 1,620 to 1,799 days

540 days

From 1,800 to 1,979 days

600 days

From 1,980 to 2,159 days

660 days

From 2,160 days

720 days

     


PART V

OLD-AGE BENEFITS

Article 26

2.  Law 27/2011 of 1 August establishes the ordinary retirement age at 67 years (65 years, if at least 38 and a half years have been paid), from 2027 onwards, although a transitional period of increase is applied from 65 to 67 years, beginning on 1 January 2013.

Law 27/2011, as subsequently amended by Royal Decree-Law 5/2013, has also changed the early retirement scheme, providing for the possibility of early retirement depending on the worker’s mutual status, the voluntary or involuntary dismissal, etc., in accordance with the following rules:

·       From the age of 60, with reduction coefficients in the amount of the pension, for workers who had contributed to Labour Mutualism prior to 1 January 1967.

·       Up to four years before the ordinary retirement age, in the case of contributions at least 33 years and involuntary unemployment and registered as an employment claimant 6 months prior to the application for the retirement pension.

·       Up to two years before the ordinary retirement age, in the event of voluntary cessation and at least 35 years of contribution.

Article 26.2 of the Code allows for an increase in the retirement age from 65 years if the number of residents who have reached the increased age is at least 10 per cent of the number of residents up to that age and over 15 years of age. According to data from the population resident in Spain, as of July 2020, it is concluded that the proportion of older persons (residents having the increased age) aged 65 years (9.303.070) among the population aged 15 to 64 years (under that age but over 15 years), both inclusive (31.231.299), amounts to 29.78 %, thus far exceeding the alluded percentage of 10 % (Source: National Institute of Statistics).

3. There is the possibility of reconciling (flexible retirement) the receipt of a retirement pension, after the pension has been caused, and the completion by the pensioner of a part-time job of between 75 % and 50 % of the full day (from 17/3/2013), reducing the amount of the pension in an inverse proportion to the reduction of the working day. The retirement pension (part-retirement) may also be reconciled with part-time work, with or without a supplementary relief contract, from the age of 60 (mutualists) or 61 years (which gradually increases until 63, according to a transitional period until 2027), provided that they meet the conditions for access to retirement pension with the exception of age.

     Royal Decree-Law 5/2013 of 15 March, on measures to promote the continuity of working life of older workers and promote active ageing, also provides for the compatibility of retirement pensions with self-employed or self-employed persons, once the legal retirement age is reached, for workers with long-term contributory careers, with the possibility of reconciling full-time or part-time employment (with reduced social contributions due to temporary incapacity and occupational contingencies, as well as a special contribution of 50 per cent).

Article 27

A.      Option (a)

B.      Employed and self-employed persons who cease their work and fulfil the following conditions may be entitled to retirement pensions:

­Have completed 15 years of contributions, of which at least 2 must be covered in the last 15 years prior to the date of retirement.

­Have reached the age of 65 and 10 months or 65 years with 37 years of contributions, in 2020, and have reached 66 years or 65 years of age with 37 years and 3 months contributed, in 2021.

C.      Article 74. Title I.

0

A.     Protected employees:

                  iv.     Under the Ggeneral Regime............

..................................

15.548.654

                    v.     Under Special Regimes:

61.748

­    Special Regime of the Sea Accounts Ajena............

60.673

­    Special Regime of Coal Mining....

1.075

                                                                                                                  vi.     TOTAL.........................................................

15.610.402

B.     Total number of employees.............

................................................................................................................................................

15.610.402

C.    Percentage representing the total number of employees (A.iii) in relation to the total number of employees (B)

100 %

Source: Ministry of Inclusion, Social Security and Migration

Statistical information, middle affiliates March 2021

      Article 28

A.     Article 65 is made use of.

Article 65. Title I.

A.          The basis of calculation for 2021 is the average of the employee’s contribution bases in the 24 years preceding the month preceding the date of the causation. These bases are updated except in the last two years, depending on the evolution of the Consumer Price Index.

The amount of the pension is calculated by applying to the calculation basis, a percentage based on the number of years contributed. With 37 years and 3 months of contribution, 100 % is obtained. The percentage is variable according to the following scale:

YEARS

PERCENTAGE OF THE REGULATORY BASE

For 15 contributions

50 %

During the years 2013 to 2019

For each additional month of contribution between the months 1 and 163, 0.21 % and for the following 83 months 0.19 %

During the years 2020 to 2022

For each additional month of contribution between the months 1 and 106, 0.21 % and for the following 146 months 0.19 %

During the years 2023 to 2026

For each additional month of contribution between the months 1 and 49, 0.21 % and for the following 209 months 0.19 %

From the year 2027

For each additional month of contribution between the months 1 and 248, 0.19 % and for the following 16 months 0.18 %

At 65 years of age, the amount of pension calculated at the age of 37 and 3 months is 100 per cent.

The possibility of early retirement from 60/61 years (in the year 2021) means that the amount of the pension is reduced by 6.5 to 8 percentage points (depending on years of contributions and voluntary or unwillingness of early retirement) for each year that fails to meet the legal retirement age that is applicable in each case.

B. The qualified male worker who has been taken as a reference has been that of article 65, paragraph 6 (c), i.e. earning a salary equal to 125 per cent of the average earnings of all protected persons.

B.1.The average gain of protected persons has been obtained through the Labour Cost Survey carried out by the National Statistical Institute, which reflects the amount corresponding to ordinary payments, which refer to payments of a monthly amount, including extraordinary payments that are prorated.

B.2. The base time for calculating the previous gain of the skilled worker corresponds to the average wage for 2019.

C. Amount of the average wage of the qualified male worker who has been chosen: EUR 2259.41 per month, representing an annual amount of EUR 31631.82 (gross salary, fourteen payments).

     The net salary of the presumption without children is EUR 65.62/day or EUR 1968.81/month (18.96 % retention Tax on the Income of Physical Persons -IRPF- and 6.35 % of Social Security contributions) which represent an annual amount of EUR 23625.80.

Article 65. Title III.

D. Use of Article 29.1 is made. The beneficiary is a worker who has paid contributions for 30 years and has reached the age of 65. In accordance with the provisions of Law 27/2011 and Royal Decree-Law 5/2013, you could not retire at the age of 65 and 30 years, but with 65 years and 10 months (30 contributions), so the amount of the retirement pension will be 86.32 % of the regulatory base.

The regulatory basis for the calculation of the pension has been obtained as an average of the contributions for the last applicable in 2021 and the amount for the reference beneficiary is EUR 2115.34.

The amount of the pension is EUR 1825.96/month, which in 14 amounts to EUR 25563.49 per year for a pension which occurs on 31 December 2020.

The net amount of the pension is EUR 21383.85/year. (Retention I.R.P.F. for pensioner with wife: 16.35 %).

E.  He is not entitled to family benefits because he exceeds the income limit.

F. He is not entitled to family benefits because he exceeds the income limit.

G.  Percentage of pension compared to base salary:

65 years and 10 months

In gross terms

In net terms

80.81

90.51

Article 65. Title V.

D.      Beneficiary: A woman with an income equal to that of the male worker, who has worked for 30 years and has reached 65 years and 10 months of age, since, as indicated above, she would be able to retire only at 65 years and 10 months (30 contributors). For the purpose of calculating the pension in this situation, it is considered that for the purpose of withholding tax on income tax, it is a beneficiary without children.

        Average wage EUR 2259.41 per month or EUR 31631.82 per year (gross salary, 14 pay).

        Net amount of average wage: EUR 23625,80 per year.

        Gross annual pension amount EUR 25563,49.

                        Net annual pension amount of EUR 21383,85. (IRPF retention: 16.35 %)

G.      Percentage of pension compared to base salary:

65 years and 10 months

In gross terms

In net terms

80.81

90.51

         B. No use has been made of this subparagraph.

C. Article 65 is used for the revaluation of retirement benefits.

Article 65. Title VI.

 

1.      In accordance with article 58 of the TRLGSS, the pensions of the social security system in their contribution form shall be increased at the beginning of each year, depending on the revaluation index provided for in the corresponding General State Budget Act. For the year 2020, Royal Decree-Law 1/2020 of 14 January, which provides for the revaluation and maintenance of public pensions and benefits under the Social Security system, provides for a revaluation of pensions and other benefits paid by the social security system, in its contributory and non-contributory form of 0.9 per cent, the provisions of Article 58 of the TRLGSS being not applicable.

Similarly, Royal Decree 46/2021 of 26 January provides that pensions for permanent incapacity, retirement, widowhood, orphans and for family members of the social security system in their contribution form, provided that they have been incurred prior to 1 January 2021, shall be increased by 0.9 per cent.

2. 

Period considered

Index of

prices (1)

A.

 31-12-2019

105.2

B.

 31-12-2020

104.7

C.

Percentage B/A

—0.5

(1) Base 2016.

                   3.

Period considered

Retirement pension

 Of the reference beneficiary

A. Pension at 31.12.2019

1.825,96

B. Pension at 31.12.2020

1.842,39

C. Percentage B/A

0.9 %

Article 29

2.     Paragraphs 1 and 2 of this Article are used.

Reference beneficiary with a retirement pension regulatory base of EUR 2056,80.

-    For 30 years of contribution and 65 years and 10 months of age corresponds to a percentage of the regulatory base of 86.32 %.

Amount of pension: EUR 1825,96/month.

-    For 15 years of contribution and 65 years and 10 months of age corresponds to a percentage of the regulatory base of 50 %.

Amount of pension: EUR 1057,67/month.


PART IV

OCCUPATIONAL ACCIDENT AND OCCUPATIONAL DISEASE BENEFIT

Article 32

Types of permanent disability due to accidents at work and occupational illness which may generate entitlement to benefits:

-   Partial permanent disability for the usual profession. It is an incapacity that, without reaching the degree of totality, leads the worker to a decrease of not less than 33 % in the normal performance for his profession, without preventing him from performing his fundamental tasks.

-   Total permanent disability for the usual profession. It is an incapacity that disqualifies the worker from performing the fundamental tasks of his profession, provided that he can engage in a different one. There is a total qualified invalidity when the worker is 55 years old and does not find work compatible with his or her physical condition.

-   Absolute permanent incapacity for all work. It is that incapacity that completely disqualifies the worker from any profession or trade.

-   Great Invalidity. It is the situation of a worker affected by a permanent disability which, as a result of anatomical or functional losses, requires another person to carry out the essential acts of life.

With regard to survivor’s benefits, the widow’s pension is recognised regardless of whether the widow works or has her own financial resources.

Article 33

A.  All salaried workers who are covered by the relevant scheme (General or Special) of the social security system are protected by this benefit.

B.      Article 74. Title I.

A.     Protected employees:

                 vii.     Under the General Regime.......

.......................................

15.548.654

               viii.     Under Special Regimes:

61.748

­    Special Regime of the Sea Accounts Ajena............

60.673

­    Special Regime of Coal Mining....

1.075

                                                                                                                         ix.     TOTAL.........................................................

15.610.402

B.     Total number of employees........

.....................................................................................................................................................

15.610.402

C.    Percentage representing the total number of employees (A.iii) in relation to the total number of employees (B)

100 %

Source: Ministry of Inclusion, Social Security and Migration

Statistical information, middle affiliates March 2021

Article 34

   A.  Health benefits are the same as those previously indicated in Part II.

   B.  Health and pharmaceutical benefits are free of charge for recipients of benefits arising from accidents at work and occupational diseases.

   C. In cases of accidents at work and occupational illness, the health care provided by the Social Security pays special attention to physical rehabilitation in order to achieve a full professional recovery of the worker.

Article 35

The National Health System and Mutual Occupational Accidents and Occupational Diseases of Social Security carry out the professional rehabilitation of the worker in order to readapt for appropriate work persons who have suffered from work accidents or occupational illnesses.

Article 36

A. Article 65 has been used for the calculation of the benefit.

B.i.

Article 65. Title I.

A.    The regulatory basis for the pension in cases of total permanent disability for the usual profession, absolute permanent disability for all work and Great Invalidity, is calculated on the full daily salary of the day of the accident (including ordinary payments, and the apportionment of other concepts such as extraordinary payments, seniority, benefits or participation in income, bonuses and additional remunerations).

B.    The qualified worker who has been taken as a reference has been that of Article 65(6)(c), that is, the one who earns a salary equal to 125 percent of the average profit of all protected persons.

B.1.b.   The average gain of protected persons has been obtained through the Labour Cost Survey conducted by the National Institute of Statistics, which collects the amounts corresponding to total payments, which includes monthly payments, extraordinary payments that are prorated, payments of more than one month’s maturity, unprorated payments and arrears.

B.2.  The base time for calculating the previous gain of the skilled worker corresponds to the average wage for 2019.

C.      Amount of the average wage of the qualified male worker who has been chosen: EUR 2635,98 gross per month, representing an annual amount of EUR 31631,82.

The net salary of the assumption with 2 children is EUR 68.44/day or EUR 2053.43/month (15.75 % retention Tax on the Income of Physical Persons (IRPF) and 6.35 % of social security contributions) which represent an annual amount of EUR 24641.18.

                Article 65. Title II.

                        

          Type beneficiary: Male with wife and 2 children.

                D.    Amount of benefit at the base time.

                         Regulatory base EUR 2635,98/month.

Degree of disability

Amount

Gross

IRPF retention %

Amount

neta

Total disability (55 % BR)

1.449,77

0

1.449,77

Total disability (75 % BR)

1.976,98

11

1.759,51

Absolute Incapacity

2.635,98

Exempt

2.635,98

Great Invalidity

3.822,17

Exempt

3.822,17

Article 57(1) has been used.

Permanent disability pensions in the degree of Absolute or Great Invalidity are not subject to taxation.

E. You are not entitled to family benefits because you exceed the income limit.

                F.       He is not entitled to family benefits because he exceeds the income limit.

G.    Percentage representing the wage benefit.

Degree of disability

In gross terms

In net terms

Total disability (55 % BR)

55,00 %

70,60 %

Total disability (75 % BR)

75,00 %

85,68 %

Absolute Incapacity

100,00 %

128,36 %

Great Invalidity

145,00 %

186,13 %

                Article 65. Title IV.

                Beneficiary: Widow with two children.

D.    Amount of benefit during the base time: Fifty-two percent of the cause’s regulatory base.

Regulatory basis of the type causative: EUR 2635,98/month.

Gross amount of widow’s pension: EUR 1370,70/month.

E. You are not entitled to family benefits because you exceed the income limit.

F. He is not entitled to family benefits because he exceeds the income limit.

             G. Percentage of the widow’s allowance, relative to salary.

In gross terms

In net terms

52,00 %

66,75 %

             Article 65. Title V.

             Beneficiary: Female wage earnings equal to that of the male skilled worker.

For the purpose of calculating the benefit in this situation, it is considered that for the purpose of withholding tax on income tax, this is a beneficiary without children. Gross salary EUR 2635,98/month.

The net salary of the presumption without children is EUR 65.62/day or EUR 1968.81/month (18.96 % retention Tax on the Income of Physical Persons -IRPF- and 6.35 % of Social Security contributions) which represent an annual amount of EUR 23625.80.

             Regulatory basis: EUR 2635,98/month.

D.      Amount of benefit.

Degree of disability

Amount

Gross

IRPF retention %

Amount

neta

Total disability (55 % BR)

1.449,77

4.79

1.380,32

Total disability (75 % BR)

1.976,98

15.29

1.674,69

Absolute Incapacity

2.635,98

Exempt

2.354,77

Great Invalidity

3.822,17

Exempt

3.822,17

H.    Percentage of pension amount compared to salary.

Degree of disability

In gross terms

In net terms

Total disability (55 % BR)

55,00 %

70,10 %

Total disability (75 % BR)

75,00 %

85,06 %

Absolute Incapacity

100,00 %

133,88 %

Great Invalidity

145,00 %

194,13 %

Article 65. Title VI.

1.  In accordance with article 58 of the TRLGSS, the pensions of the social security system in their contribution form shall be increased at the beginning of each year, depending on the revaluation index provided for in the corresponding General State Budget Act. For the year 2020, Royal Decree-Law 1/2020 of 14 January, which provides for the revaluation and maintenance of public pensions and benefits under the Social Security system, provides for a revaluation of pensions and other benefits paid by the social security system, in its contributory and non-contributory form of 0.9 per cent, the provisions of Article 58 of the TRLGSS being not applicable.

Similarly, Royal Decree 46/2021 of 26 January provides that pensions for permanent incapacity, retirement, widowhood, orphans and for family members of the social security system in their contribution form, provided that they have been incurred prior to 1 January 2021, shall be increased by 0.9 per cent.

2. 

Period considered

Index of

prices (1)

A.

 31-12-2019

105.2

B.

 31-12-2020

104.7

C.

Percentage B/A

—0.5

(1) Base 2016.

                           3.

Period considered

Pension of Absolute Invalidity (A.T. and E.P.)

A. Pension at 31.12.2013

2.635,98

B. Pension at 31.12.2014

2.873,21

C. Percentage B/A

0,9 %

C.   Partial permanent incapacity for the usual profession does not qualify for periodic benefit. The benefit consists of a one-time payment in the amount of 24 monthly payments from the basis governing the temporary incapacity from which it derives.

D.    In addition to the compensation for one-time partial incapacity, in the case of disability in the degree of total, the periodic benefit may exceptionally be replaced by a one-time payment, provided that the worker, among other requirements, is under the age of 60 and applies for it within three years of the date of the decision, in accordance with the following scale:

— Invalid under 54 years of age: 84 monthly allowances.

— Invalid aged 54 years or more: From 72 monthly payments at the age of 54 to 12 monthly allowances at the age of 59, on a downward scale of 12 monthly allowances per year.


PART VIII

MATERNITY BENEFITS

Article 48

A.      Option (a)

B.      The former so-called maternity benefit, which included health care for such contingency (as insured or as a beneficiary) and the economic benefit, has been replaced in terms of rest periods and their corresponding financial benefit by the so-called “birth and childcare allowance” (Royal Decree-Law 6/2019 of 1 March, on urgent measures to guarantee equal treatment and opportunities for women and men in employment and occupation).

Persons employed or self-employed, regardless of their sex, shall be entitled to this benefit on the basis of birth and childcare, provided that they are in a situation of discharge or assimilated to discharge, enjoy periods of rest/permit for birth and care of minors and attest to the minimum periods of contribution payable in each case:

1. If the worker is less than 21 yearsof age on the date of delivery or on the date of the administrative or judicial decision on placement or the court decision establishing the adoption, no minimum contribution period shall be required.

2. If the worker is 21 years of age and is under 26 years of age on the date of delivery or on the date of the administrative or judicial decision on placement or the court decision establishing the adoption, the minimum contribution period required shall be 90 days paid within the seven years immediately preceding the beginning of the rest. The above-mentioned requirement shall be deemed to be fulfilled if, alternatively, it credits 180 days paid during their working life, prior to the latter date. This age group is 21 years old and not yet 26 years old.

3. If the worker is 26 years of age on the date of confinement or on the date of the administrative or judicial decision on placement or the court decision establishing the adoption, the minimum period of contribution required shall be 180 days within the seven years immediately preceding the beginning of the rest. The above-mentioned requirement shall be deemed to be fulfilled if, alternatively, it credits 360 days paid during their working life, prior to the latter date.

Women workers are entitled to health care because of this contingency; And also, as beneficiaries, their spouses or persons with similar affectivity relationship, provided that they are not entitled to it by title of their own. In this regard, we must recall that, although the concept of beneficiary and insured person in the management of social security files is still in force until the regulatory development provided for in Royal Decree 7/2018 is implemented, the right to health care has been extended de facto, in accordance with the amendments made in articles 3 and 3ter of Law 16/2003 of 28 May on cohesion and quality of the National Health System.

               C. (i) Article 74. Title I.

A.     Protected employees:

                    x.     Under the General Regime..............................................

15.548.654

                  xi.     Under Special Regimes:

61.748

­    Special Regime of the Sea Accounts Ajena............

60.673

­    Special Regime of Coal Mining....

1.075

                                                                                                                                                            xii.     TOTAL.........................................................

15.610.402

B.     Total number of employees.............................................................................................................................................................

15.610.402

C.    Percentage representing the total number of employees (A.iii) in relation to the total number of employees (B)

100 %

Source: Ministry of Inclusion, Social Security and Migration

Statistical information, middle affiliates March 2021

Article 50

A. Article 65 has been used for the calculation of the benefit.

B.i.

Article 65. Title I.

A.   The calculation of the benefit is made on a daily basis, which is the result of dividing the contribution base for the previous month by the number of days to which that contribution corresponds. To this basis of calculation a percentage of 100 % is applied to obtain the amount of the benefit.

B.   The qualified worker who has been taken as a reference has been that of article 65, paragraph 6 (c), i.e. earning a salary equal to 125 per cent of the average earnings of all protected persons.

B.1.b)   The average gain of protected persons has been obtained through the Annual Labour Cost Survey carried out by the National Statistical Institute, which shows the amount corresponding to ordinary payments, referring to monthly amounts, including extraordinary payments that are prorated.

B.2.      The base time for calculating the previous gain of the skilled worker corresponds to the average wage for 2019.

C.Quantity of the average wage of qualified male workers who have been elected: EUR 2635.98 per month, representing an annual amount of EUR 31631.82 and a daily amount of EUR 87.86 (gross salary).

The net salary of the assumption with 2 children is EUR 68.44/day or EUR 2053.43/month (15.75 % retention Tax on the Income of Physical Persons (IRPF) and 6.35 % of social security contributions) which represent an annual amount of EUR 24641.18.

            

                Article 65. Title V.

Beneficiary: Woman employed with two children, with income equal to that of the male worker.

C. Quantity of benefit.

Gross amount

Net amount

EUR 87,86/day

EUR 68,44/day

F. Percentage of gross and net benefit in respect of salary:

The benefit is not taxed by IRPF.

In gross terms

In net terms

100 %

100 %

Article 51

As a general rule, and except for children under 21 years of age, it is necessary to have a minimum contribution period of 180 days within the seven years immediately prior to childbirth. If this contribution period is not reached, a non-contributory benefit of 42 days is recognised.

Article 52

1.     The medical benefits referred to in Article 49 shall be granted throughout the period of the contingency; Specifically, with regard to the biological mother, health care provided by centres, establishments and services of the National Health System, own or concerted (except in life-threatening situations, where it is justified that the latter ' s means could not be used) during pre-partum, childbirth and postpartum does not imply any participation of the beneficiary in their cost, nor does it require a certain lack. We mean health care for this purpose as provided for in article 10.1(b) of the Code.

Being a contingency that is flexible in its distribution among the child’s caregivers, it is necessary to specify:

             duration of the allowance:

Biological mother: In the case of childbirth, the childbirth and care allowance may have a total duration of 16 weeks (extendable in certain circumstances) to enjoy as follows:

oA compulsory part of 6 weeks compulsory and uninterrupted, full-time, immediate after childbirth. The biological mother can anticipate up to 4 weeks before the expected date of delivery.

oA voluntary portion of 10 weeks, continued to the mandatory period, or interrupted, in weekly periods, full-time or part-time from the end of the compulsory period to 12 months of the child.

-         Another parent: The duration is equal to that of the biological mother as of 1 January 2021.

— In the case of adoption, care or placement: The total duration for each parent shall be 16 weeks (extendable according to assumptions*), 6 weeks mandatory, uninterrupted and full-time, immediately after the date of the court decision or administrative decision. The remaining 10 weeks, in weekly periods, cumulatively or interrupted, within 12 months of the judicial decision or administrative decision.

             b)   The duration of the child ' s birth and care leave coincides with that of the allowance.

2.   The benefit may be suspended if it has been fraudulently obtained (Article 68,d).


PART IX

INVALIDITY BENEFITS   

Article 54

Types of permanent disability that may generate entitlement to periodic benefit:

-        Total permanent incapacity for all work. It is an incapacity that disqualifies the worker from performing the fundamental tasks of his profession, provided that he can engage in a different one. There is a total qualified invalidity when the worker is 55 years old and does not find work compatible with his or her physical condition, an increase of 20 % on the regulatory basis.

-        Absolute permanent incapacity for all work. It is that incapacity that completely disqualifies the worker from any profession or trade.

-        Great disability. The situation of a worker affected by permanent disability who, as a result of anatomical or functional losses, requires another person to carry out the essential acts of life.

Article 55

   A.   Subparagraph (a) is used for protected persons in the prescribed category of employees, who make up at least 50 per cent of all employees.

   B. All salaried workers who are covered by the relevant general or special scheme of the Social Security System are protected by this benefit.

   C.        Article 74. Title I.

D. Protected employees:

               xiii.     Under the General Regime....

..........................................

15.548.654

                xiv.     Under Special Regimes:

61.748

­    Special Regime of the Sea Accounts Ajena............

60.673

­    Special Regime of Coal Mining....

1.075

                                                                                                                 xv.     TOTAL.........................................................

15.610.402

E.  Total number of employees.............

................................................................................................................................................

15.610.402

F.  Percentage representing the total number of employees (A.iii) in relation to the total number of employees (B)

100 %

Source: Ministry of Inclusion, Social Security and Migration

Statistical information, middle affiliates March 2021

Article 56

A.   Article 65 has been used for the calculation of the benefit.

Article 65. Title I.

A.   The basis for calculating the permanent disability benefit is obtained in different ways depending on the origin of the disability:

— Inability due to common disease. The basis of calculation is the quotient that results from dividing the data subject’s contribution bases by 112 during the 96 months immediately prior to the month prior to the occurrence of the causation. If the required contribution period is less than 8 years, that base is obtained by dividing the sum of the monthly contribution bases corresponding under the minimum period payable by the number of months to which those bases refer and by multiplying the divisor by the coefficient 1,1666.

Disability due to non-work accident. The regulatory basis shall be the quotient of dividing by 28 the sum of the employee’s contribution bases, for an uninterrupted period of 24 calendar months, chosen by the person concerned within the 7 years immediately preceding the date on which the entitlement is claimed.

For the calculation of the benefit, different percentages are applied to the regulatory basis depending on the degree of disability recognised:

·  For total permanent disability, 55 per cent, which increases by 20 percentage points for non-working persons over 55 years of age.

·  For absolute permanent incapacity 100 %.

·  For large invalidity there is an additional supplement to the amount of the permanent disability pension, resulting from the sum of 45 % of the minimum contribution base under the General Scheme and 30 % of the worker’s last contribution base (the minimum ceiling for this supplement is 45 % of the permanent disability pension).

B. The qualified worker who has been taken as a reference has been that of article 65, paragraph 6 (c), i.e. earning a salary equal to 125 per cent of the average earnings of all protected persons.

B.1.b.      The average gain of protected persons has been obtained from the Labour Cost Survey of the National Institute of Statistics, which collects the amounts corresponding to regular payments that relate to monthly payments, including extraordinary payments that are assessed.

B.2. The base time for calculating the previous gain of the skilled worker corresponds to the average wage for 2019.

C.         Amount of the average wage of the qualified male worker who has been chosen: EUR 2635.98 per month, representing an annual amount of EUR 31631.82 and a daily amount of EUR 87.86 (gross salary).

The net salary of the presumption without children is EUR 65.62/day or EUR 1968.81/month (18.96 % retention Tax on the Income of Physical Persons -IRPF- and 6.35 % of Social Security contributions) which represent an annual amount of EUR 23625.80.

The net salary of the assumption with 2 children is EUR 68.44/day or EUR 2053.43/month (15.75 % retention Tax on the Income of Physical Persons (IRPF) and 6.35 % of social security contributions) which represent an annual amount of EUR 24641.18.

      Article 65. Title II.

Type beneficiary: Male with wife and two children.

D.  Amount of allowance allocated at the base time. For the purpose of determining the net pension, disability pensions in the degree of Absoluta or Great Invalidity must be considered not subject to taxation.

For common disease. Regulatory base EUR 2259,41/month.       

Degree of disability

Amount

gross

IRPF retention %

Amount

neta

Total disability (55 % BR)

1.242,67

0

1.242,67

Total disability (75 % BR)

1.694,55

5.71

1.597,79

Absolute Incapacity

2.259,41

Exempt

2.259,41

Great Invalidity

3.276,14

Exempt

3.276,14

 

By accident not at work. Regulatory base EUR 2259,41/month. 

Degree of disability

Amount

gross

IRPF retention %

Amount

neta

Total disability (55 % BR)

1.242,67

0

1.242,67

Total disability (75 % BR)

1.694,55

5.71

1.597,79

Absolute Incapacity

2.259,41

Exempt

2.259,41

Great Invalidity

3.276,14

Exempt

3.276,14

E.   He is not entitled to family benefits because he exceeds the income limit.

F.   He is not entitled to family benefits because he exceeds the income limit.

G.   

      — Percentage of the amount of the benefit in respect of the basic salary, in the case of common illness:

Degree of disability

In gross terms

In net terms

Total disability (55 % BR)

55

60.51

Total disability (75 % BR)

75

77.81

Absolute Incapacity

100

110.03

Great Invalidity

145

159.54

      — Percentage representing the benefit in the case of a non-working accident:

Degree of disability

In gross terms

In net terms

Total disability (55 % BR)

55

60.51

Total disability (75 % BR)

75

77.81

Absolute Incapacity

100

110.03

Great Invalidity

145

159.54

      Article 65. Title V.

Beneficiary: Employed woman with income equal to that of the male worker.

For the purpose of calculating the benefit in this situation, it is considered that for the purpose of withholding tax on income, this is a beneficiary without children.

Gross salary amount EUR 2635.98 per month, or EUR 31631.82 per year.

Amount of net salary (assumed without children): EUR 1968,81/month or EUR 23625,80/year.

   D. Quantity of benefit.

        For common disease. Regulatory basis: EUR 2259,41/month.

Degree of disability

Amount

gross

IRPF retention %

Amount

neta

Total disability (55 % BR)

1.242,67

0

1.242,67

Total disability (75 % BR)

1.694,