The orphan’s pension is collected as a general rule until age 21, or until age 25 if the orphan does not work or his or her income does not exceed the Minimum Interprofessional Wage, although there are exceptions. This exception occurs when the son or daughter of the deceased person is “incapacitated for work” at the time of the parent’s death, so they can continue to collect the orphan’s pension without age limit.
That is, the General Social Security Law allows the orphan’s pension to be collected for life when the beneficiary has a recognized absolute permanent disability or severe disability. The first prevents you from carrying out any profession or trade, while the second, in addition to preventing you from working, requires the help of another person for essential daily acts.
Article 224 of the General Social Security Law establishes the right to an orphan’s pension for the deceased’s children, regardless of their affiliation, as long as they are under 21 years of age or are incapacitated for work. In this way, this measure seeks to protect those people who cannot obtain income through work and who, after the death of their parent, are left in a situation of special vulnerability.
Requirements to collect the orphan’s pension without age limit
To receive the orphan’s pension without an age limit, it is necessary for the beneficiary to have a recognized absolute permanent disability or severe disability, provided that this situation proves that he or she cannot work. It is not enough to have a recognized disability, since the key is that there is an inability to work.
Furthermore, the disability must exist at the time of the death of the deceased parent. That is, the beneficiary must already be incapable of working when the death that gives rise to the pension occurs.
From there, the general contribution requirements required of the deceased must also be met. These are the main ones:
- If the death occurred in a situation of discharge or similar to discharge, it is required to have contributed at least 500 days within an uninterrupted period of five years prior to death.
- If the death occurred due to an accident, whether work-related or not, or due to an occupational disease, no prior contribution period is required.
- If the deceased was a pensioner, the right is generated in accordance with the rules established for death and survival benefits.
Unlike the ordinary extension up to 25 years, in this case it is not decisive that the beneficiary has income below the SMI. The reason is that the protection derives from the inability to work and not from a temporary study situation or lack of income.
How much is collected as an orphan’s pension?
The amount of the orphan’s pension is, as a general rule, 20% of the regulatory base of the deceased person. This basis is not the same in all cases, since it depends on the employment situation of the deceased and the cause that caused the death.
When death results from a work accident or occupational disease, in addition to the pension, orphans may be entitled to a lump-sum compensation. This amount is recognized separately from the monthly pension.
In cases of absolute orphanhood, when both parents have died or there is no beneficiary of a widow’s pension, the pension can be increased. This increase is applied in the terms provided by Social Security, although the sum of all pensions derived from death cannot exceed, as a general rule, 100% of the regulatory base.
On the other hand, it must be taken into account that the orphan’s pension may be incompatible with another pension recognized for the same disability. In these cases, the orphan must choose between one or the other, except in specific cases in which the law allows them to be made compatible.