Absolute permanent incapacity, requirements and how much you get paid

Absolute permanent incapacity is recognised for all those people who, due to injury or illness, are unable to do any kind of work. Popularly, it is also known as absolute disability, although it is true that this term is not technically correct.

Undoubtedly, it is a type of incapacity for work that generates many doubts among workers who wish to have it recognised. For this reason, we would like to define it precisely, as well as explaining the requirements to obtain it and how much the amounts payable are.

What is absolute permanent incapacity?

As we have just said in the introduction, absolute permanent incapacity is recognised for all those who are unable to carry out any type of work with a minimum of professionalism, efficiency and performance. The cause must be linked to a previously suffered illness or injury.

This would be the case, for example, of a person who, after suffering a traffic accident, suffers serious injuries to their hands and feet that leave them with irreparable sequelae. Or someone diagnosed with a severe depression that prevents them from even getting out of bed to go to work.

In any case, the situation of absolute permanent disability can be reviewed after being granted. In this sense, it is possible to reduce, maintain or increase the degree of incapacity depending on the situation of the subject. It is even possible to cancel it if it can be shown that the condition is no longer present, which is not at all common.

Requirements stipulated by law for the granting of absolute permanent incapacity

In general terms, we can say that there are three main requirements for obtaining the benefit for absolute permanent incapacity. We will look at them in detail in the following lines.

Be in a situation of being registered or assimilated to registration with the Social Security.

In other words, working and paying Social Security contributions. When we talk about situations assimilated to registration, what we are referring to are people who are receiving unemployment benefit, on forced leave or on medical leave due to temporary disability, for example.

However, there are two exceptions to this rule that you should be aware of:

• Having paid Social Security contributions for 15 years and at least 3 years during the last 10 years.
• Suffering an accident or occupational disease.

In both cases, it is not necessary for the worker to be registered or assimilated to registration with the Social Security in order to apply for and obtain absolute permanent incapacity.

Not having reached the ordinary retirement age.

If you have done so, you will not be entitled to the benefit for total permanent incapacity, but will have to retire. This is true except in the case of those who have taken early retirement and have not yet reached the normal retirement age.

However, as in the previous point, there is also an exception. Specifically, we refer to the case of a person who, despite having reached the ordinary retirement age, does not meet the requirements to receive a pension.

Time paid into the Social Security system

This requirement is eliminated when the incapacity is due to an occupational illness or accident. On the other hand, when it derives from a common illness or accident, it is necessary to:

• Have paid contributions for one third of the time between the age of 16 and your current age. This applies to all workers under the age of 31.
• If the worker is over 31 years of age, it is necessary to have paid contributions for 25% of the time between the age of 20 and his current age. In addition, a minimum amount (10 years) is fixed and one fifth of that time must have been contributed during the last 10 years.

How much is the pension for absolute permanent incapacity?

100% of the regulatory base of the person claiming it. However, the amount may vary depending on two main criteria: the age of the worker and the cause of the total permanent disability.

Non-occupational accident and discharge or assimilated status

The worker chooses a period of 24 uninterrupted months within the last 7 years preceding the application. This figure is then divided by 28. The result is the amount of the pension.

Non-occupational accident without being registered with the social security system

In this case, the contribution bases for the last 96 months are taken and then divided by 112. In addition, the last 72 months of those 96 months are updated on the basis of the CPI. The rest are not.

Common illness

The pension is calculated in the same way as described above. However, if the worker is between 52 and 64 years of age, a percentage is applied according to the total number of years he/she has contributed. However, this reduction can never cause the amount to be received to be less than 50% of the amount resulting from dividing the 96 months by 112.

Occupational disease or accident at work

his is the most difficult case to calculate, but also the one with the highest pension. This is how it is done:

• The worker's actual salary and length of service in days is multiplied by 365.
• To this figure is added the total amount of extra pay and benefits, as well as any salary supplements.
• Next, bonuses, overtime and other types of remuneration are divided by the number of days worked in the year following the qualifying event and then multiplied by 273.
• The two amounts are added together and the result is divided by 12.

In addition, if the worker was under a part-time or relief contract at the time of the event giving rise to absolute permanent incapacity, the agreed monthly salary must be divided by 30.

An additional allowance of up to 50% can be paid. For this, the occupational disease or accident at work must have been the direct responsibility of the company or, failing that, the worker must be over 65 years of age but not meet the minimum requirements for ordinary retirement.

Some additional keys

At this point, we still need to clarify certain issues. For example, the mutual insurance company to which the worker is subject will be responsible for paying the pension for absolute permanent incapacity if it was caused by an occupational illness or accident. In all other cases, the National Social Security Institute will be responsible.

The pension for total permanent incapacity is not subject to personal income tax deductions. However, any other separate income received by the subject is.

In short, these are the most important aspects related to absolute permanent disability, its requirements and the amount to be received. For any procedure related to the management of absolute permanent disability, please consult a labour lawyer from our firm.