2023-04-20 00:17:24
Thursday, April 20, 2023, 00:17
The widow’s pension is a Social Security contributory benefit to which a person is entitled when their partner has died. To collect it, a series of requirements must be met, related both to the deceased person’s career and the specific situation of the couple.
For example, the deceased receives a widow’s pension if he was registered in the general Social Security scheme, provided that he had contributed at least 500 days in the previous five years. If he was no longer registered, he would have to prove a minimum contribution period of 15 years. This requirement will not be required if the death is due to an accident -whether or not at work- or due to an occupational disease. A widow’s pension is also generated when the deceased person received a contributory retirement pension, or one for permanent disability.
Finally, if at the time of death you were entitled to the subsidy for temporary disability, risk during pregnancy, maternity, paternity or risk during lactation and you completed the necessary contribution period in those cases.
In addition, the couple has to meet their own requirements to be entitled to a widow’s pension. For example, if you were the spouse of the deceased person and there are common children. Or, if there were none, if the marriage had been celebrated at least one year before the death.
Also when the surviving person was divorced or legally separated from the deceased and was receiving a compensatory pension that expires upon death. As of January 1, 2021, people over 65 years of age without the right to another pension, and whose marriage has lasted more than 15 years, are also entitled to a widow’s pension, without the need to be a recipient of a complementary pension.
Finally, the widow’s benefit can be collected by the common-law partner of the deceased registered in the specific register of the corresponding autonomous community or town hall at least two years before the death. Of course, it is necessary to prove a stable coexistence during the five years prior to the death. And that, during that time, neither of them was married or separated from another person.
Causes of extinction
As a general rule, the widow’s pension is extinguished when the surviving spouse remarries or forms a common-law relationship. However, it is possible to keep the widow’s pension in some assumptions:
– Be over 61 years of age, or under, and also have a recognized absolute permanent disability or severe disability pension, or prove a degree of disability of more than 65%.
– When the widow’s pension is the pensioner’s main or only source of income. Its amount must represent, at least, 75% of the total income in annual calculation.
– If the married couple or common-law couple has an annual income – of any nature, including the widow’s pension – that does not exceed twice the amount -on an annual basis- of the Minimum Professional Salary (SMI) in force at any given time.
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