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The Spanish Constitution stipulates that every citizen has the right to receive assistance and social services in case of need. The Social Security System is responsible for guaranteeing these rights to all citizens and their relatives.
If you have worked in more than one EU Member State or in countries that have signed agreements with the EU, the different periods of retirement pension insurance will be added up in order to meet the minimum contribution period. If you are already entitled to retirement benefits and would like to submit your application, you can do this in your home country, in Spain, or in any other country, including non-EU countries, provided they have signed an agreement with the EU. The benefits paid by each insurance organisation will depend on the duration of the insurance period. This also applies to the payment of survivor pensions.
If you are residing in Spain and continue to be registered with the insurance system of your home country or any other Member State, you must continue to pay contributions in the third country. When you have reached the required age to receive a retirement pension, you can submit your application in Spain to the competent insurance organisation. The payment of non-contributory disability and retirement pensions has been transferred to the Autonomous Regions. Please contact the service and information centres of the Social Security, the Social Services of your City Council or the Ministries of Social Welfare of your Autonomous Region of residence. To locate your nearest centre, please visit the web page www.igerontologico.com/s_sociales/imserso.htm. You can also contact the Government Delegations and Government Sub-delegations, visiting their web page at: www.administracion.es and clicking on: Organización pública / Administración General del Estado / Órganos Territoriales / Ver las Unidades, and select your current or future Autonomous Region of residence. All benefits are payable by the insurance organisation in Spain or the competent organisation of your home country.
Secretary of State for Social Security
The National Institute of Social Security (INSS) is responsible, among other
duties, for the recognition and control of economic benefits rights granted
by the Social Security System (at the level of contribution), including family
allowances for children or foster children at charge and payments for the birth
of the third and subsequent children (as well as multiple deliveries). It also
recognises the right to medical care. The INSS is in charge of the management
of retirement pensions, permanent disability, widowhood, orphanhood and compensation
in cases of labour accidents and professional diseases, as well as benefits
for temporary working incapacity, maternity or risk during pregnancy. For more
information on allowances available to employees who are working and living
in Spain, please visit the Social Security’s web page at: www.seg-social.es
and look under “prestaciones” and “direcciones y teléfonos”,
or visit the nearest social security office in your Autonomous Region of residence.
Non-contributory retirement and disability pensions
All retired, disabled and poor citizens are entitled to financial assistance,
free medical and pharmaceutical care and social services, even though they have
not contributed to Social Security, or the contributions paid are not sufficient.
The non-contributory retirement pension is granted to people over the age of
65 years who are currently living in Spain and have resided in our country for
at least 10 years. Disability pensions are granted to persons aged between 18
and 65 years who are currently living in Spain and have done so for at least
5 years, the last two years of which immediately prior to applying for the retirement
benefits, have a level of disability of 65% or higher, and have no financial
means of support.
Family allowances for children or foster children at charge
Family allowance is a financial benefit granted for each child or foster child
under the age of 18 years. Eligibility is restricted to those persons whose
yearly income does not exceed the limit established annually by the General
State Budget Law. Family allowance is also granted to families with children
over the age of 18 years with a level of disability of 65% or higher (irrespective
of the family income). All Social Security affiliates are entitled to these
benefits, which must be applied for at the Centre of Support and Information
of the nearest Social Security Office. Foreign nationals residing in Spain are
entitled to the same benefits as Spanish citizens.
Maternity
Women in Spain have three basic guaranteed rights when becoming a mother:
medical care, maternity leave and financial support.
- Every woman residing in Spain (irrespective of nationality) with insufficient economic resources is entitled to free medical care during pregnancy, delivery and the postnatal period for herself and her child.
- Every employee, irrespective of gender, is entitled – if all requirements are met – to receive financial support for paternity after childbirth or adoption and to take 16 weeks of uninterrupted paternity leave. In case of biological maternity, the mother is obliged to take a 6-week maternity leave after giving birth. To qualify, the employee must have contributed to Social Security for at least 180 days (6 months) during the last 5 years. As to financial compensation, employees on paternity leave will receive 100% of their salary (based on the contributions made during the month prior to the leave). For more information, please visit the Social Security’s web site: www.seg-social.es.
- Every working woman who has contributed to Social Security receives financial support from the Spanish Tax Agency (Ministry of Finance) of 100€ per month for each child under the age of three. You can download an information leaflet on maternity benefits from the web page of the Spanish Tax Agency (www.agenciatributaria.es), by clicking on “Información tributaria”- “Otra información” –“Deducción por maternidad”, or call number: 901 200 345.
For any kind of information on women-related legal issues such as marriage, children, civil register, labour legislation, domestic violence, violation, free legal aid, etc... you can contact the Women’s Institute, dependent on the Ministry of Employment and Social Affairs:
C/ Condesa de Venadito, n° 34
28027 MADRID
Telephone: 91 363 80 00 (central)
E-mail: inmujer@mtas.es
www.mtas.es/mujer/index.html
| Information Centres: | |
| c/Génova, 11 – 1º dcha. 28004 Madrid Telephone: 91 700 19 10 - 91 700 19 18 |
c/Vargas, 53, 3ª planta (3rd floor) 39010 Santander Telephone: 942 23 57 58 - 942 23 56 64 |
| Toll-free telephone number: 900 19 10 10 - 900 152 152 (deaf women) | |
The Spanish Public Employment Service is a self-governing organisation attached to the Ministry of Employment and Social Affairs, which is, among other competences, in charge of the management of the unemployment benefits system. This work is carried out in cooperation with the Public Employment Services of the different Autonomous Regions. Your nearest employment office can provide you more information on how to apply for unemployment benefits. You can also visit the web site of the State Public Employment Service: www.inem.es or go to www.inem.es/inicial/p_buzconsug.html, where you will find answers to the most frequently asked questions.
Unemployment beneficiaries
All employees from EU or EEA (European Economic Area) Member States residing
in Spain are entitled to receive benefits and subsidies from the Spanish Public
Employment Service. Third-country employees who are legally residing and working
in Spain, also have the right to receive these benefits and subsidies.
Export of unemployment benefits
If you are receiving unemployment benefits in an EEA member state, you are entitled
to continue receiving your monthly benefits in any other EEA country (e.g. Spain)
while seeking for employment here. However, the following requirements must
be met:
- The maximum period of entitlement to unemployment benefits is 3 months.
- You must have been registered with the Public Employment Service in your home country at least one month (4 weeks) before your arrival.
- You must inform your Public Employment Service of the exact date of departure and register with the Spanish Public Employment Service within 7 days after your departure.
- You must provide a copy of form E303, issued by your home country.
Attention: procedures may take up to 2 months, so we advise you to complete the application process as early as possible.
- It is also recommended to bring form E301, filled out by the Public Employment Service of your home country, as the unemployment benefits you may be entitled to in Spain, are based on the contribution periods in your home country.
This also holds true vice versa. If you are working in Spain and become unemployed, you can follow the same procedures – but on the inverse – to receive unemployment benefits in any other country of the European Economic Area (EEA).
For a list of the Public Employment Services in the EU countries before the enlargement, please visit the following web page: www.inem.es/otras/p_sepesue.htm.
Requirements and minimum contribution period
In order to qualify for unemployment benefits, the claimant must have contributed
to Social Security for at least one year (360 days). The beneficiary will receive
120 days (4 months) of unemployment benefits for each year of service. To calculate
the duration of your unemployment benefits, you can visit the following web
page, which provides detailed information: www.inem.es/ciudadano/desempleo/nc_pd.html.
You will have to provide proof that you are actively seeking employment.
Quantities received
The level of the employment benefit depends on the average salary drawn by the
employee in the last 6 months before becoming unemployed. During the first 180
days of unemployment, the amount received will be 70% of the average salary,
and from the seventh month onward, it will be reduced to 60%. The minimum amount
cannot be less than 75% of the Minimum Inter-professional Salary (or SMI, which
has been set at 540,90€/month for 2006) incremented by 1/6 if there are
no children at charge, or 100% of the minimum salary incremented by 1/6 if they
are children at charge. The maximum amount depends on the number of children
being supported by the beneficiary. With one child under the age of 26: 195%
of the SMI + 1/6; with 2 or more children under the age of 26: 220% of the SMI
+ 1/6.
Loss of unemployment benefit rights
The right to unemployment benefits can be suspended for a variety of reasons:
- Working for a company or self-employed while you are receiving unemployment compensation.
- Failing to renew your employment application with the Spanish National Employment Service on the due dates.
- Refusing an employment offer.
- Refusing to participate in jobs of social collaboration, employment programmes or promotion, training, and professional retraining programmes.
- Failing to appear at the designated employment office or to produce a certificate stating that you have appeared at one.
The Government guarantees the provision of social benefits through several organisations depending on the Ministry of Employment and Social Affairs.
