The obligations of the partner of a self-employed person to collect the widow’s pension


He National Institute of Social Security (INSS) It deals with managing the benefits that employees can enjoy beyond retirement. This also includes the self-employed, whose installments paid monthly entitle him, in the event of death, to receive a widow’s pension your partner, spouse, or even ex-spouse. But, for this, the self-employed worker must have contributed long enough. This is not all: couples of members of the Special Scheme for Self-Employed Workers (RETA) They also have to meet certain requirements if they want to receive this aid.

This public body under the Ministry of Inclusion, Social Security and Migrationslead by Jose Luis Escriva, determines the amount that the widow must obtain based on the time that the self-employed person contributed and, therefore, on their contributions. In this regard, it should not be forgotten that the Government of Spain approved at the end of 2022 the revaluation of 8.5% of contributory pensionswith the aim of reinforcing the purchasing power of beneficiaries in the face of high inflation.

Another fundamental issue that those who receive a widow’s pension must take into account is that it is paid into 14 payments: 12 ordinary payments and two extraordinary payments, which is usually charged in the months of June and November. However, Social Security has the right to withdraw it in certain situations, such as contracting a marital relationship again.

Obligations to receive a widow’s pension

for a common-law partner, spouse or ex-spouse of a deceased self-employed worker to receive the widow’s pension must meet the conditions detailed in the Electronic Office of the Social Security:

  • If they have children in common, the applicant can collect the pension, unlike what happens if there are no children. In this case, the couple has to prove that They got married at least a year before of death.
  • If they were a common-law couple, they should have been together for at least two years with that condition. In turn, they have to prove that they lived together for at least five years before the death, and that they were not previously married or separated.
  • Ex-spouses can collect widow’s pension if a compensatory benefit due to separation. But they must have passed less than 10 years between divorce and death of the self-employed worker, and they cannot have married again or formalized as a common-law couple.

What conditions must the self-employed meet?

Although couples must meet certain requirements to be entitled to receive the widow’s pension after the death of self-employed workers, they also have several obligations. The main one is that they should have contributed a minimum of 500 dayswithin an uninterrupted period of five years immediately prior to death, or the date on which the obligation to contribute ceased, if the deceased was in status of registration or assimilation without obligation to contribute.

On the other hand, if the self-employed person did not have the obligation to contribute, for example, because they had Over 65 years of age or on paternity or maternity leaveit is required to have contributed, at least, 500 consecutive days in the previous five years to the date on which the price extinction began.

Likewise, when at the time of death, the worker was not registered in the RETA, it is necessary to demonstrate that a minimum of 15 years has been quoted. Added to this is the fact that, in any of the cases mentioned above, you have to be aware of current of payments with the General Treasury of the Social Security.

What pension can the widowed person request in 2023

After the 8.5% increase in contributory pensions included in the General State Budget for 2023, the amount of widowhood pensions has undergone changes. The minimum, which is received by those under 60 years of age without family responsibilities, has passed from 546.80 euros to 593.27 euros per month, so it goes up 58.78 euros. For its part, the maximum is now 905.76 euros per month for those who have family responsibilities, while before it was 834.80 euros. Therefore, they are as follows:

  • With family responsibilities: 11,688.60 euros per year, going from 834.80 euros to 905.76 euros per month.
  • Over 65 years of age or with a disability equal to or greater than 65%: 10,103.80 euros per year, going from 721.70 euros to 783.04 euros per month.
  • Between 60 and 64 years: 9,452.80 euros per year, going from 575.20 euros to 624.09 euros per month.
  • Under 60 years without charges: 7,655.20 euros per year, going from 546.80 euros to 593.27 euros per month.
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