Pension for relatives
Grandchildren and siblings, Orphans of father and mother, provided that on the date of death they are:
People under 18 years or incapacitated for any work.
People under 22 years, when they are not in gainful employment or when, if they are, their annual income does not exceed 75% of the interprofessional minimum wage that is established at all times, also on an annual basis.
Mothers and grandmothers. Widows, single, married whose husband is over 60 years of age or unable to work, legally separated or divorced.
Fathers and grandfathers. People who are at least 60 years of age or incapacitated for work.
Children and siblings. Retirement or permanent incapacity pensioners, people over 45 years old, that are unmarried, widow/ers, legally separated or divorced, provided that they can prove the long-term care of the deceased.
Similarly, all beneficiaries should fulfill the requirements provided in sections c), d) and e) of the first point of Art.22.2 of the Order of 13 February 1967, with regard to article 176 of the General Social Security Act, approved by Spanish Legislative Royal Decree 1/1994 of 20 June (B.O.E Official State Bulletin 29/6/1994):
Have cohabited with the deceased and at their own expense for 2 years prior to their death or since the death of the family member that they cohabited with, if that occurred during this period.
Have no right to the state pension. Theexamination of the pension will be conditioned to the option of those beneficiaries that receive another pension.
Lacking in means of subsistence, as their financial income is equal to or lower than the interprofessional minimum wage, and of family members with obligation and the possibility of providing them food.
Spouses, parents and children are obliged to provide food, according to the provisions established in articles 142 and 143 of the Civil Code; siblings only have to provide the "assistance necessary for life", which is why they are excluded from the obligation of providing food.
The 20% of the regulatory base
If, at the time of death, there is no surviving spouse or children with the right to the orphan's pension, or when the surviving spouse with a right to a widow/er's pension has passed away having received this pension with no beneficiary orphans, the pension for the corresponding relatives can be increased to the widow/er's pension percentage (52%).
It is compatible with the widow/er'sand orphan's pensions for the same individual.
It is incompatible when the beneficiary receives other state pensions, as well as when they have any type of annual income that exceeds the international minimum wage, also computed on an annual basis.
Grandchildren and siblings: for the same causes as the orphan's pension.
Parents and children and siblings:
- Upon marriage.
- Due to death.
- Upon proof that the worker disappeared in the accident did not pass away.