The orphan’s pensionAs a general rule, it is received up to 25 years of age. However, if the beneficiary is studying, the payment may be extended until the month following the end of the academic year. There is, however, an exception that allows collect this pension beyond that age, even exceeding 45 years. This exception applies only to those who have recognized absolute permanent disability or severe disability before the death of the parent on whom they dependedsince this condition incapable of carrying out any work activity paid.
Although it may seem impossible, it is possible access the orphan’s pension beyond the usual age. According to the ruling SJSO 1613/2024, Antonio obtained the orphan’s pension at the age of 61, since he confirmed that he suffered from an absolute permanent disability since before the death of his parent in 2003, thus complying with the exception contemplated in the Social Security regulations. . Since his childhood, this man presented limitations that prevented him from working. Although he tried in 2009 as a guard, he was fired after being declared unfit for the position. Furthermore, it had a 72% handicapofficially recognized since 2012.
For this reason, and given that he had not been able to work long before his father’s death, the court granted him an orphan’s pension. The decision was based on the article 224 of the General Law of Social Securitywhich allows access to this benefit without age limit for orphans with absolute permanent disability or severe disability recognized before the death of the parent.
Requirements to collect the orphan’s pension if you are over 45 years old
Although the orphan’s pension is generally intended for children under 25 years of age, there are exceptions that allow people over this age, even over 45 years of age, to access this benefit. To do this, the following requirements must be met:
The main requirement to access the orphan’s pension without age limit is that the applicant has a recognized absolute permanent disability or one great disability before the death of the deceased parent. This condition implies that the person is not able to carry out any type of work activity.
For this point, it is necessary to present medical reports and official assessments that certify the degree of disability. Furthermore, the disability must have been recognized before the death of the parent, which demonstrates that the beneficiary could no longer provide for himself or herself in the workplace since then.
On the other hand, the deceased parent must have met the requirements established by Social Security to generate the right to the benefit. This includes:
- Minimum quotes: In the event of death in a registered or similar situation, it is required to have contributed at least 500 days within an uninterrupted period of five years prior to death.
- Death due to accident or occupational disease: A prior contribution period is not required if the death was caused by these circumstances.
Lastly, and although it is not necessary in all cases, it is common for the applicant to demonstrate that they were financially dependent on the deceased parent, especially if they did not generate income due to their disability. For this reason, sometimes it is requested that the applicant have income below the Minimum Interprofessional Wage (SMI).
How much is collected as an orphan’s pension?
The amount of the orphan’s pension depends on several factors, such as the regulatory basis of the deceased parent, the conditions of orphanhood (simple or absolute), the number of beneficiaries and the current Social Security regulations.
The orphan’s pension is calculated by applying a 20% of the regulatory base of the deceased parent. The regulatory basis varies depending on the employment status of the deceased at the time of death:
- If you were registered or assimilated to registration, your base contribution salary is taken as a reference.
- If you were not registered, the contribution accumulated during your working life is considered.
In the case of absolute orphanhood (when both parents have died), beneficiaries may be entitled to an increase in the total amount of the benefit.
Social Security establishes minimum amounts that guarantee that no beneficiary receives a pension less than a certain amount. In 2024, they are the following
Orphanhood | Monthly Amounts | Annual Amounts |
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Absolute Orphanhood | Monthly Amounts | Annual Amounts |
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A single beneficiary | Annual result divided by 14 payments | To the minimum assigned in each case of simple orphanhood, €9,275.00/year must be added |
Various beneficiaries (N) | Annual result divided by 14 payments | To the minimum assigned in each case of simple orphanhood, the amount resulting from dividing €9,275.00/year between all beneficiaries must be added. |
If there are several beneficiaries (for example, several siblings), the sum of the pensions cannot exceed 100% of the deceased parent’s regulatory base. If this limit is exceeded, the amounts are adjusted proportionally among the beneficiaries.