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

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

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 owe reduce its work day for the care of minors to its charge, affected by cancer or another severe illness, that they require hospital admission and continued treatment of the illness.

For the consideration of severe illnesses/cancer the annexe will be taken into account 1 that figure in the Order TMS/103/2019, of 6 February, through which the annexe of the Royal Decree is modified 1148/2011, of 29 July, for the application and development, in the Social Security System, of the financial assistance for care for minors suffering from cancer or another serious disease.

The Final disposition twenty-second of the Act 22/2021 of General Budgets of the State for the year 2022 modifies the Royal Decree 1148/2011, of 29 July, for the application and development, in the Social Security System, of the financial assistance for care for minors suffering from cancer or another serious disease. New draft is given to the article 7 of the Royal Decree 1148/2011, of 29 July.

Later, the Royal Decree 677/2023, of 18 July 2023 through which is modified in a partial way the Royal Decree 1148/2011, of 29 July, for the application and development, in the Social Security System, of the financial assistance for care for minors suffering from cancer or another serious disease, introduces novelties in the legal system of the provision and the various further changes to the publication of the Royal Decree 1148/2011, of 29 July 2011.

• The people 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.
• The people progenitors, adoptantes or welcoming must reduce its work day, at least, by 50% of its duration and at the most 99.99%.
• The sick person owes suffer any severe illness of the list annex I of the Order TMS/103/2019, that it has required at some point a hospital admission (is not necessary that in the current moment the sick person is hospitalised).
• The illness that gives rise to the application for the benefit for serious illness must require direct, continuous and permanent care by the applicant for the benefit.
• For the initial recognition of the benefit, the sick individual must be under 18 years old.

Exceptions for the recognition of people over 18 years old:

• Sick individuals over 18 years old and up to 23 years old whose illness has resulted in a hospital admission before the age of 18 due to one of the diagnoses in the list in Annex 1 to Order TMS 103/2019.
• Sick individuals whose severe illness benefit has expired due to having reached the age of 23, but who can prove a degree of disability of more than 65%. In this situation, the benefit can be recognised up to the age of 26, provided that the disability requirement can be proven.

• 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 will be able to enjoy the provision one of the two people progenitors, existing the possibility of alternating the provision through agreement among people progenitors, adoptantes or welcoming 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 separation or divorce the right will be recognised to the person progenitor, guardadora or welcoming with who coexists the sick person.
• When for process of temporary disability or maternity leave the person applicant of the provision can not take over of the person smaller sick it is possible to recognise a new grant for care of minors to the other person progenitor, guardadora or welcoming, provided that the same one gathers requirements to have right to the grant.
• When the person applicant contracts marriage or constitutes a couple in fact, will have right to the provision who its spouse or couple is in fact, provided that it proves conditions to be payee. 
• The benefit for the 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 partially amends laws on Corporate Tax, on the Income of Non-Residents and on Wealth (Official State Gazette of 29 November)
• It is a grant in which there is no obligation of paying contributions during its perception with regard to the part of reduced working day (for not coming imposed in the standard of the Social Security Institute) which is why nor the company of the person worker, nor the company that it is the person responsible for the payment of the financial assistance owes enter nor the business contribution nor the fee corresponding to the hard-working person.

Recipients will be entitled to the subsidy to care for minors affected by cancer or another serious illness starting on the same day that the corresponding reduction of working hours begins, provided that the application is made within three months of the date on which said reduction occurred.

After this period, the economic provisions of the subsidy will have a maximum retroactivity of three months.

The subsidy will be received for a period of one month, initially extendible for periods of two months and from 20 July 2023, successive 4-four month periods (previously 2 months) when the need for direct, constant and permanent care of the originator continues, which shall be certified by means of a statement from a doctor of the public health service or administrative health agency of the relevant autonomous community responsible for the medical care of the minor until he/she turns 23, or 26 if a degree of disability in excess of 65 per cent is certified.

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.

This benefit will be suspended:

• In situations of temporary disability, during rest periods for maternity and care of the minor, and in cases of risk during pregnancy and risk during breastfeeding and, in general, when the reduction in the work day to care for minors affected by cancer or another serious illness, coincides with any other cause requiring suspension of the work relationship.

  Nonetheless, when, because of health, the person that it took over of the cause can not attend him and is found in situation of temporary disability or in period resting compulsory because of birth and care of the minor in the event of birth of a new son/daughter will be able to recognise a new grant for care of minors to the other person progenitor, guardadora or welcoming, provided that the same one gathers requirements to have right to the grant. When the person responsible for contracts marriage or constitutes a couple in fact, will have right to the provision who its spouse or couple is in fact, provided that it proves conditions to be payee.

• In the event of alternation for the receipt of the benefit between parents, caregivers or foster parents.

• For the not presentation of the medical statement of the staff physician of the Public Health service or health administrative body of the autonomous community corresponding, person responsible for the medical care of the person cause.

The benefit will be suspended:

• Due to the full return to work or the total resumption of the beneficiary's work activity, once the reduction of working hours to care for minors affected by cancer or another serious illness stops, regardless of the reason.
• For not existing the need of the direct care, constant and permanent of the minor, because of the improvement of its state or to hospital admission for healing, according to report of the staff physician of the Public Health service or health administrative body of the Autonomous Community corresponding person responsible for the healthcare of the cause.
• When one of the progenitors, adoptive or foster parents or the common-law partner (over 18) of the minor ceases their work activity.
• Due to the originator turning 23 and not certifying a disability in excess of 65% before reaching that age.
• Due to the death of the sick individual.
• For the death of the beneficiary of the benefit.
• Due to no longer certifying the degree of disability required or, in any case, when the originator reaches 26 years of age.
• Due to the completion of the coverage for work-related contingencies with the management entity.
• When the originator turns 26.

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.