As a general rule, the widow’s pension can be recognized when the deceased was working at the time of death. However, it can also be granted if you were not active. In fact, Social Security provides for this right even when the deceased was not registered or in a situation similar to registration, as long as he had contributed for at least 15 years throughout his working life.
That is, it is not an essential requirement to be working on the date of death to access this benefit. The Social Security website explains that the key is to check whether the contribution requirements required by the regulations are met, in addition to the conditions that apply to the beneficiary, whether spouse, de facto partner or ex-spouse in certain cases.
In fact, when the deceased was discharged or in a situation similar to discharge, the rule changes. In these cases, if the death results from a common illness, Social Security generally requires 500 days of contributions within an uninterrupted period of five years immediately preceding the death. If the cause was an accident, whether work-related or not, or an occupational disease, no prior contribution period is required.
In addition to the contributions of the deceased, Social Security requires, in the case of the surviving spouse, that if the death was due to a common illness prior to the marriage, the marriage had occurred at least one year before the death or, alternatively, that there were children in common. If this requirement is not met, a temporary widow’s benefit could be recognized for two years. In other words, instead of having the right to a lifetime pension, you will have the right to a 24-month temporary benefit.
Regarding the amount, the general rule establishes that the widow’s pension It is calculated by applying 52% to the corresponding regulatory base. This percentage can rise to 60% in people aged 65 or over who do not collect another pension or receive income from work and do not exceed the income limit set by Social Security. It can even reach 70% when there are family responsibilities and certain economic requirements are met.
The regulatory basis depends on both the work situation of the deceased and the cause of death. If you were a retirement or permanent disability pensioner, the basis used to determine that pension is taken as a reference. If you were an active worker, the calculation changes depending on whether the death results from common or professional contingencies.
When can widowhood be paid if the deceased did not work?
To access the widow’s pension, what is important is the situation of the deceased person before Social Security and the length of time they would have contributed. Thus, if the deceased was not registered or in a situation similar to discharge, the widower or widower will be able to collect the pension as long as the deceased had contributed for at least 15 years throughout his or her working life. This is one of the least known assumptions and, at the same time, one that generates the most doubts among families.
On the other hand, if the person was discharged or in a situation similar to discharge, the requirements change. When death results from a common illness, 500 days of contributions are generally required within the five years prior to death. If the death occurs due to an accident, whether work-related or not, or due to an occupational disease, no prior contribution is required.
In this way, a person can generate the right to a widow’s pension for their spouse even if they were not working on the date of their death, as long as they meet the contribution period required by the regulations.