Benefit for caring for minors suffering from cancer or other serious diseases
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 intended for workers in all regimes of the Social Security System (on an employee basis or self-employed and assimilated) that must reduce their work day to care for the minor in their custody, affected by cancer or another serious illness, who 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
- Parents, adoptive parents and foster parents must be affiliated members and registered in a Social Security regime, being able to accredit the minimum contribution periods required in each case. (you can view the contribution requirements in article 5, paragraph 2 of the Royal Decree 1148/2011.
- Parents, adoptive parents and foster parents must reduce their work day by at least 50%, and at the most 99.99%.
- The child or minor in the custody of the beneficiary must be under 18 years of age.
- The child or minor in the custody of the beneficiary must suffer from a serious illness of those listed in the Order TMS/103/2019 that has required hospital admission at some point (it is not necessary that the child or minor is hospitalized at the moment)
- The illness corresponding to the application for the benefit must require direct, continous and permanent care by the progenitors, adoptive or foster parents.
- 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 cases of legal separation, annulment or divorce, both parents must be registered in a Social Security regime in order to be eligible for this benefit.
- The benefit for care of minors affected by serious illness is an income exempt from the provisions of article 7.z) of Act 35/2006 of 28 November on Personal Income Tax and partial modification of Corporation Tax Laws, on the Income of Non-Residents and on Wealth (Official State Gazette of 29 November)
- This is a benefit in which there is no obligation to pay contributions during the collection of the same regarding the reduced part of the working day (by not being imposed in the Social Security regulations), so neither the worker's company or the entity responsible for paying the financial benefit must pay either the employer's fee or the worker's fee.
The benefit will be received for an initial period of one month, (always according to the estimation in the medical report), which is extendible for two-month periods (always according to the estimation in the medical report), when the need for direct, continuous and permanent care of the minor continues, which will be certified by means of a statement from the public health service physician responsible for the medical care of the minor.
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 situations of temporary disability.
- During periods of maternity and paternity leave.
- In cases of risk during pregnancy and risk during breastfeeding.
- In the event of alternation for the receipt of the benefit between progenitors, adoptive or foster parents.
In general, when the reduction of working hours concurs with any cause of suspension of the employment relationship.
The benefit will be suspended:
- 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?