Orphan's benefit

Published on: 23/11/2015

1. Beneficiares

Each of the children of the deceased, irrespective of the nature or kinship

Starting from 2 August 2011:

  • People under 21 years of age or unable to work at a degree of API or SD.
  • People over 21 years of age provided that they do not work or receive an annual income below the annual minimum salary. They will be paid until they reach 25 years of age

2. Benefit

Amount of the pension: 20% of the regulatory base.

In cases of absoluteorphanhood, the orphan's benefits will be increased in accordance with the terms and conditions of Royal Decree 296/2006 of 6 March, which added a new Article 38 to Decree 3158/1966, of 23 December (General Regulation that determines the amount of the Social Security general scheme's cash benefits)

In cases of gender-based violence, when the surviving parent has lost the condition of beneficiary of the widow/er's pension, the orphan will have the right to the amounts indicated for cases of absolute orphanhood.

Similarly, an orphan of only one known progenitor is considered to be an absolute orphan.

Lump-sum compensation for a work-related injury or occupational disease. In the event of a work-related accident or occupational disease, in addition to the pension, a lump sum compensation equivalant to 1 monthly payment of the regulatory base is granted.

3. Termination

  • When the person reaches 21 years of age (except when at this time they suffer API or SD) or, where applicable, the new age limits referred to in the beneficiaries section.
  • Upon marriage or constituting an unmarried partnership, except when they suffer API or SD
  • Upon termination of the incapacity that gave them the right to the pension.                     
  • Due to death.
  • Upon proof that the worker disappeared in the accident did not pass away.