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.
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, 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.
The Final disposition twenty-second of the Act 22/2021 of General State budgets 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.
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 son or smaller pursuant to charge of the payee must be person under 23 years old.
- 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 separation or divorce the right will be recognised to the progenitor, guardador or welcoming with who coexists the sick person.
- When for process of TEMPORARY DISABILITY, or maternity leave the applicant of the provision can not take over of the smaller sick person, 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 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 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.
Right will be had to the grant for care for minors suffering from cancer or another serious disease starting from on the same day that it begins the corresponding reduction in working hours, provided that the application is formulated within three months from the date in which this reduction was produced.
Elapsed the above-mentioned term, economic effects of the grant will have a maximum retroactivity of three months.
The grant will be recognised for an initial period of a month, extendible because of periods of two months when it subsists the need of the direct care, constant and permanent of the cause, that will be proved through statement of the physician of the Public Health service or health administrative body of the autonomous community corresponding, person responsible for the medical care of the cause, and, at the most, until this fulfills 23 years.
When the direct serious need, constant and permanent of the cause, according to is proved in the issued medical statement to this end, be lower than two months, the grant will be recognised for the specific period that it appears in the report.
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 birth and care of the minor and in cases of risk during pregnancy and risk during the natural breastfeeding and, general, when the reduction of working time for care for minors suffering from cancer or another serious disease arises with any suspension cause of the working 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 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 cause 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 in receive the of the grant among people progenitors, guardadoras or welcoming.
For the not presentation of the medical statement of the physician of the Public Health service or health administrative body of the autonomous community corresponding, person responsible for the medical care of the cause.
The benefit will be suspended:
- For the full return to the work or total resumption of the work activity of the person payee stopping the reduction in working hours for care for minors suffering from cancer or another serious disease, anyone that it is the cause that it determines the above-mentioned cessation.
- 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 the report of the Public Health service's physician 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 cease their work activity.
- For fulfilling the cause 23 years.
- For death of the cause.
- 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?