THE temporary widowhood allowance This is an economic benefit from Social Security intended for surviving spouses or partners who cannot access the widow’s pension. This subsidy aims to alleviate economic need after the death of the deceasedparticularly when certain conditions are not met, such as the minimum duration of the marriage of one year or registration as a de facto couple at least two years before the death.
To request this service, it is necessary to submit the application form Survival services in care and information centers of Social Security. The amount is equal to the widow’s pension corresponding, generally 52% of the regulatory base, although it can be increased to 60% or 70% if certain conditions are met, such as being over 65 years old or having family responsibilitiesThe service has a maximum duration of dthe years and it expires at the end of this period, in the event of remarriage or due to special circumstances such as the conviction of the deceased for homicide.
Temporary widowhood allowance
In situations where a spouse or common-law partner survives the deceased, but does not meet the requirements to receive a widow’s pension, there is the possibility of accessing a advantage alternative.
This occurs when the marriage has not reached a minimum duration of one year, or when there are no common children. For de facto couples, the benefit is not granted if the registration in the register or the formalization of the public document has not been carried out at least two years before the death, provided that the other conditions of registration and contribution of the deceased are met.
THE economic advantage The amount offered in these cases is equal to that which would have corresponded to a widow’s pension, but its duration is limited to a maximum of two years. This benefit expires at the end of this period or in the same circumstances in which an ordinary widow’s pension would expire.
Requirements
When death occurs as a result of a common illness, the deceased must have listed for at least 500 days during the five years immediately preceding death or cessation of the obligation to contribute.
However, in case of death by accidentWhether professional or not, a prior contribution period is not required. In addition, retirees due to retirement or permanent disability may also be entitled to a temporary widow’s allowance if the conditions for receiving a widow’s pension are not met.
Amount
The temporary widow’s allowance lasts for two years and its amount is equivalent to the widow’s pension. In general, it is calculated by applying the 52% of the regulatory basealthough this percentage can reach 70% if the beneficiary has family responsibilities or if the income of the family unit does not exceed 75% of the minimum interprofessional wage (SMI). In addition, if the pension is the main source of income and certain income ceilings are not exceeded, the percentage of 70% will also apply.
In the case of the beneficiaries over 65 years old Without the right to other public pensions or income from work, the percentage rises to 60% of the regulatory base.
couple in fact
A de facto couple is defined as union between two people who decide to live together without getting married, forming a community of life and sharing interests and goals. This type of union creates rights and duties similar to those of marriage, although its recognition and protection depends on the regulations of each autonomous community of Spain. In the Valencian Community, de facto couples are regulated by Law 5/2012.
A key difference between registered and unregistered de facto couples resides in acquired rights. Unregistered couples do not enjoy certain legal benefits or the same official status as registered couples. For example, from a tax perspective, a registered couple can pay taxes with their children, but not as a family unit composed of both members. Furthermore, to access the widow’s pension, it is necessary to have been registered in a de facto union for at least two years before the death.
Regarding inheritance rights in the Valencian Community, the legislation is not yet fully developed, which is why the Civil Codewhich equates registered cohabitants with spouses in matters of inheritance. Furthermore, in the event of the death of the owner of a lease contract, registered couples may be subrogated to the contract if they can prove two years of cohabitation or the existence of common children.
Registration as a de facto couple requires meeting certain requirements, such as residing in the autonomous community in which the registration will be made and not being married or having another registered union. In addition, the union may terminate by mutual agreementdeclaration of a will by one of the members, death or cessation of cohabitation, among other reasons.
