The orphan’s pension is generally received until age 21, or until age 25 if the orphan is studying and does not work or has a low income, although there are exceptions. This exception applies when the son or daughter of the deceased is “incapacitated for work” at the time of the parent’s death, so the orphan’s pension can be collected even for those over 52 years of age. In other words, the law protects for life those people who, due to absolute permanent disability or severe disability, cannot work to support themselves and have lost the financial support of their parents.
This is possible and in fact there are rulings such as SJSO 1613/2024, where a man obtained an orphan’s pension at age 61. This person demonstrated 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 birth suffered limitations that prevented him from working. In fact, in 2009 he tried to work as a guard, but he was not declared suitable for the position and due to his 72% handicap, they recognized his permanent disability in 2012.
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Thus, given the impossibility of working before the death of his parent and having been granted permanent disability, the Court recognized his right to collect pension, orphan’s pension. Article 224 of the General Social Security Law explains that orphans with absolute permanent disability or severe disability recognized before the death of the parent can access said benefit without age limit, as long as they meet all the requirements.
Requirements to collect the orphan’s pension if you are over 52 years of age
To access the orphan’s pension if you are over 52 years of age (or any age over 21), it is necessary, and as we have said, that the applicant has recognized absolute permanent disability or severe disability before the death of the parent responsible for it. That is to say, the beneficiary must be left unprotected by not having any responsibilities, as well as the impossibility of being able to work, since both degrees of permanent disability do not allow it to be made compatible with a job.
To demonstrate this point, it is mandatory to provide medical reports and evaluations that certify the degree of disability, due to which the beneficiary cannot take care of himself at work. In addition, you must comply with the rest of the requirements established by Social Security, which are:
- If the death occurred in a registered or assimilated situation, it is required to have contributed at least 500 days within an uninterrupted period of five years prior to death.
- In the event that the death occurred due to an accident or occupational disease, a minimum contribution will not be required.
Unlike other aid, in this specific case the law does not require proving that the applicant was financially dependent on the deceased parent or that their income is less than the Minimum Interprofessional Wage (SMI), since it is understood that the inability to work itself is what generates the need for protection.
How much is collected as an orphan’s pension?
The amount of the orphan’s pension is determined based on the contributions that the deceased person (the deceased) made to Social Security. As a general rule, the benefit is calculated by applying the corresponding percentage to the minimum contribution base in force at the time of death.
In cases where death is the result of an accident at work or an occupational disease, in addition to the pension, the spouse and orphans have the right to receive a lump-sum compensation.
When absolute orphanhood occurs (the beneficiary has lost both parents), the amount of the pension can be increased. This increase applies especially if a widow’s pension has not been generated. It must be taken into account that the sum of all death pensions (widowhood, orphanhood, etc.) cannot exceed 100% of the deceased’s regulatory base.
On the other hand, since it is a contributory benefit, Social Security establishes minimum amounts. By 2025, they are the following:
| Pension type | Euros/year |
|---|---|
| Orphanhood | |
| By beneficiary | €3,745.00 |
| For beneficiaries under 18 years of age with a disability equal to or greater than 65 percent | €7,361.20 |
| In case of absolute orphanhood, the minimum will increase by 9,275 euros/year distributed, if applicable, among the beneficiaries. | |
| Orphan’s benefit | |
| A beneficiary | €11,113.20 |
| Several beneficiaries: to be distributed among the number of beneficiaries | €18,733.70 |
| In favor of family members | |
| By beneficiary | €3,745 |
| If there is no widow or orphan pensioner | |
| A single beneficiary aged 65 | €9,044 |
| A single beneficiary under 65 years of age | €8,523 |
| Various beneficiaries: |
The minimum assigned to each of them will increase in the amount resulting from prorating 5,530 euros/year among the number of beneficiaries. |