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?
This is for workers in any of the Social Security schemes that need to reduce their working hours to look after a minor in their charge who is suffering from cancer or another serious illness, has to go into hospital and requires ongoing treatment for 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 Spanish Royal Decree 1148/2011, of 29 July, for the application and processing, in the Social Security system, of financial assistance for the care of minors suffering from cancer or other critical illnesses.
Requirements for access to the benefit
- Beneficiaries are affiliated members and are registered in some regime of the Social Security regimes, and they can accredit the minimum contribution periods required in each case. Requirements of contribution: Royal Decree 1148/2011 - Article 5, Paragraph 2.
- They reduce their work day by at least 50% of its duration, and at the most 99,9%.
- Children or minors in the custody of the beneficiary must be under 18 years of age.
- The children or minors in foster care must suffer cancer or any serious illness that has required hospitalisation at some point.
- 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, nullity or divorce, it is necessary that both parents are registered in some regime of the Social Security in order to access this benefit. In these cases, the benefit is received by the progenitor that has custody of the minor, and in cases of shared custody, by the progenitor that requests the benefit in the first place.
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.
The benefit will be received for an initial period of one month, which is extendible for periods of two months when the need for direct, continuous and permanent care of the minor continues, which will be proven through a statement from the public health service physician responsible for the medical care of the minor.
Suspension and termination
This benefit will be suspended:
- In situations of temporary incapacity, during rest periods for maternity and paternity leave, and in cases of risk during pregnancy and risk during breastfeeding and, in general, when the reduction in the work day coincides with any other cause of suspension of the work relationship.
- In the event of alternation for the receipt of the benefit between progenitors, adoptive or foster parents.
- 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?