The widow’s pension aims to avoid financial lack of protection due to the death of the spouse, who in some cases is the one who contributed the majority of income. For this reason, many think or have the belief that, upon finding a job and beginning to receive a salary, Social Security can cut or even eliminate the pension. In this sense, the General Social Security Law clearly explains that the widow’s pension does not depend on income.
Article 223.1 of the General Social Security Law (available in this BOE), explains that the widow’s pension will be compatible with any work income.
Knowing this, those pensioners who sign a work contract, whether part-time or full-time, will continue to receive their widow’s pension each month. That is, the income can be added, without problem.
The widow’s pension maintains income and future revaluations
The widow’s pension is a contributory benefit, that is, to access it it is necessary to demonstrate minimum contributions. That is why, unlike what happens with unemployment benefits or other assistance benefits, where exceeding an income limit (generally 75% of the Minimum Interprofessional Wage) implies the loss of aid, the widow’s pension is not like that, since it has a contributory nature.
The law explains that the beneficiary can have any salary, without any type of limit. Social Security will not summon the pensioner to review their payslips nor will it require them to return part of the pension, since the right to collect it derives from the contributions of the deceased spouse and the situation of need generated by their loss, not from the current employment situation of the survivor.
A practical example
To understand how the signing of a new contract affects our service, we can use the following practical example. Let’s imagine a 45-year-old widow who receives a widow’s pension of 850 euros per month. After looking for a job for a while, she was hired in a company with a salary of 1,800 euros per month.
By registering her with Social Security as a worker, the administration will not paralyze her pension. For practical purposes, at the end of the month this person will receive 1,800 euros from their payroll and 850 euros from their widow’s pension. You will not be recalculated downwards nor will you have to fear that, for earning “too much”, your pay will be withdrawn.
Difference between working and changing marital status
Finally, it is important to distinguish between the causes that allow the pension to be maintained and those that cause its termination. While working and earning a salary is totally compatible, the Law sets limits that are personal reasons.
If we look at the General Social Security Law, its article 223.2 explains that the right to a widow’s pension will be extinguished, in any case, when the beneficiary contracts a new marriage or establishes a new de facto couple. Furthermore, the law states in article 223.1 that this pension is incompatible with the recognition of another widow’s pension in any Social Security regime, unless there are 15 years of overlapping contributions. Therefore, the pension is guaranteed and consolidated against employment, but it will be lost if the beneficiary legally formalizes a new romantic relationship.