Benefit for caring for minors suffering from cancer or other serious diseases

Published on: 30/09/2015

This benefit aims to compensate the loss of income suffered by individuals that have to reduce their working hours, with the consequent decrease in salary, due to the need to take direct, continuous and permanent care of their children or minors in foster care during the time of hospitalisation and subsequent treatment of the illness.


What protects and who does it protect?

It is set aside for the hard-working people of all regimes of the Social Security System (as an employee or on a self-employed basis and assimilated) that they must reduce its work day for the care of the minor to its charge, affected by cancer or another severe illness, that it requires hospital admission and continued treatment of the illness.

When considering critical illnesses/cancer, we will be taken into account the list of illnesses in the Order TMS/103/2019, of 6 February, amending the annex of the Royal Decree 1148/2011, of July 29, for the application and processing, in the Social Security system, of financial assistance for the care of minors suffering from cancer or other serious illnesses.


Requirements for access to the benefit

  • Progenitors, adoptantes or welcoming are owed to find members and in registration in some regime of the Social Security System and they must prove minimum contribution periods demandables in each case. (you can consult requirements of contribution in the article 5, paragraph 2nd of the Royal Decree 1148/2011.
  • Progenitors, adoptantes or welcoming must reduce its work day, at least, by 50% of its duration, and at the most 99.99%.
  • The son or smaller pursuant to charge of the payee must be person under 18 years old.
  • The son or smaller welcomed must suffer any severe illness of the classed ones in the Order TMS/103/2019 that it has required at some point a hospital admission (is not necessary that in the current moment the son or smaller is hospitalised)
  • The illness corresponding to the application for the benefit must require direct, continous and permanent care by the progenitors, adoptive or foster parents.

Other considerations

  • Part-time workers will have the right to the benefit for caring for minors suffering from cancer or another serious disease when their effective work day is higher than 25%. If there is more than one part-time contract, the percentages of each work day are added together when examining the application.
  • In situations of multiactivity, the benefit can be received in all of the Social Security regimes that meet the necessary requirements.
  • Only one progenitor can receive the benefit, although there is the possibility of alternating the benefit when this is agreed between the progenitors, adoptive or foster parents and the company.
  • It is essential for the examination and payment of the benefit that the people responsible for paying the fees are up to date with the payment of fees/contributions to the Social Security Institute.
  • In the cases of judicial separation, invalidity or divorce, for the access to the provision is necessary that both progenitors are registered in some regime of the Social Security Institute.
  • The provision for taken care of minors affected by severe illness is an income exempt from agreement with that established in the article 7.z) of the Act 35/2006 of November 28 of the Income Tax of Individuals and of partial modification of Laws of the Corporation taxes, on the income of not Residents and on the Heritage (BOE of 29 November)
  • It is a grant in which there is no obligation of quoting during its perception with regard to the part of reduced working day (for not coming imposed in the regulations of the Social Security Institute) which is why the company of the worker nor the company that it is the person responsible for the payment of the financial assistance must enter nor the business contribution nor the fee corresponding to the worker.

Duration

The grant will be recognised for an initial period of a month (provided that it estimates in the contributed medical report), extendible because of periods of two months (provided that is estimated in the contributed medical report) when it subsists the need of the direct care, constant and permanent of the minor, that will be proved through statement of the physician of the public health service responsible for the medical care of the minor.


Amount

The benefit is equivalent to 100% of the regulatory base derived from professional contingencies according to the percentage of reduction in the work day. When the worker does not have coverage for professional risks, the managing entity or the mutual society that undertakes the coverage of the temporary incapacity for non work-related continencies will be responsible for managing the benefit.


Suspension and termination

This benefit will be suspended:

  • In the situations of temporary disability.
  • During the periods resting because of maternity and paternity.
  • In cases of risk during pregnancy and risk during the natural breastfeeding.
  • In the event of alternation for the receipt of the benefit between progenitors, adoptive or foster parents.

General, when the reduction of working time arises with any suspension cause of the working relationship.

The perception of the grant will be extinguished:

  • For the full return to work or total resumption of the work activity by the beneficiary.
  • When there is no need for the direct, continuous and permanent care of the minor.
  • When one of the progenitors, adoptive or foster parents cease their work activity.
  • When the minor reaches 18 years of age.
  • For the death of the minor.
  • For the death of the beneficiary of the benefit.

Decision and notification of the benefit

The corresponding managing entity will make the decision within thirty days, counting from the receipt of the application. After this period, when there has been no express notification of the decision, the application will be considered to have been rejected.

How is this benefit processed?