Social security allows those over 52 to request the orphanhood pension but only in this case

Social security allows those over 52 to request the orphanhood pension but only in this case

The orphanage pension is perceived as a rule until 25 years of age, although there are exceptions. One of these is that the beneficiaries are studying, which can be extended until the month following their completion. In addition, there is another exception, although little known, for whom The orphanhood pension can be collected even for those over 52 years old. This exception is when the beneficiaries have rEconocida an absolute permanent disability or large disability Before the death of the parent on which they depended, since this situation incapacity to the beneficiary of carrying out any work activity that was remunerated.

This is possible and in fact there are sentences such as the SJSO 1613/2024, where a man won the orphan’s pension at age 61. This person accredited an absolute permanent disability since before the death of his parent in 2003, thus complying with the exception contemplated in the regulations of the General Social Security Law. This sentence explains that this person from his birth suffered limitations that prevented him from working. In fact, I try in 2009 to work as a warden, but was not declared suitable for the position and for its disability of 72%, they recognized the permanent disability in 2012.

Thus, given the impossibility of working before the death of his parent and having granted permanent disability, the court recognized his right to collect the pension, the orphanage pension. Article 224 of the General Law of Social Security explains that orphans with absolute permanent disability or great disability recognized before the death of the parent can access said benefit without limit of age, provided that they meet all the requirements.

Requirements to collect the orphanhood pension being over 52 years

To access the orphanhood pension being over 52, it is necessary and as we have said that the applicant has REconocida an absolute permanent disability or great disability before the death of the parent causative. That is, the beneficiary must be unprotected by not being responsible, as well as the impossibility of being able to work, since both degrees of permanent disability do not allow it to compatible it with a job.

To demonstrate this point, it is mandatory to provide medical reports and valuations that certify the degree of disability, for which the beneficiary You can’t fend for yourself labor. In addition, the rest of the requirements established by the Social Security that are:

  • If the death occurred in a high or assimilated situation, it is required having quoted at least 500 days within an uninterrupted period of five years prior to death.
  • In the event that the death would have occurred due to accident or occupational disease, a minimum of contribution will not be required.

Finally, and although it is not always mandatory, It is usually necessary to demonstrate that the applicant depended economically on the deceased parent. This is especially relevant if he did not receive income due to his situation of disability. Therefore, in certain cases it is requested that the beneficiary has income lower than the interprofessional minimum salary (SMI) to demonstrate that economic dependence.

How much orphanage pension is charged

The amount of the orphanage pension is determined based on the contributions made by the deceased person and his employer to the Social Security regime. As a general rule, The amount is calculated based on 20% of said regulatory base. In cases of occupational disease or work accident, each orphan will receive additional compensation each month according to the regulatory base.

Now, in cases of absolute orphanage (when the beneficiary has lost both parents) the amount of the orphan’s pension can be increased according to certain specific situations. One of these situations occurs when a widow’s pension derived from the death of the last parent has not been generated simultaneously. In this case, the basic amount of the orphanhood pension is added an additional increase, equivalent to 52% of the regulatory base of the deceased parent.

On the other hand, being a contributory benefit, Social Security establishes minimal amounts. By 2025, they are the following:

Pension class Euros/year
Orphanhood
For beneficiary € 3,745.00
By beneficiary under 18 years with a disability equal to or greater than 65 percent € 7,361.20
In absolute orphanhood the minimum will increase by 9,275 euros/year distributed, where appropriate, among the beneficiaries
Orphanage provision
A beneficiary € 11,113.20
Several beneficiaries: to be distributed among the number of beneficiaries € 18,733.70
In favor of relatives
For beneficiary € 3,745
If there is no widower or orphan pensioners
A single beneficiary with 65 years € 9,044
A single beneficiary under 65 years € 8,523
Several beneficiaries:

The minimum assigned to each of them will increase in the

Amount that results from proof 5,530 euros/year among the number of beneficiaries.