Key Social Security Benefits and Eligibility

Classified in Law & Jurisprudence

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Understanding Social Security Benefits

Social Security provides essential support through various benefit programs. These programs are broadly categorized based on how they are funded and accessed:

Contributory Benefits

These benefits are received by individuals who have contributed to the social security system. They are financed through contributions from both workers and employers.

Non-Contributory Benefits

These benefits are provided to individuals who have not contributed sufficiently to the Social Security system. They serve as a safety net for those who do not meet the contribution requirements for contributory benefits.

Temporary Disability

Temporary Disability refers to a situation where an individual is temporarily unable to work and requires social security healthcare due to illness or an accident.

Requirements:

  • Membership and registration, or a situation equivalent to being actively employed.
  • A minimum contribution period of 180 days within the 5 years immediately preceding the medical leave.

Duration:

  • Common Illness, Accident, or Professional Illness: Up to 12 months, extendable by an additional 6 months.
  • Observation Period (for occupational diseases): Up to 6 months, extendable by an additional 6 months.

Maternity Benefits

Maternity benefits cover situations where an individual is not at work to enjoy the rest period established by law for maternity and similar circumstances.

Requirements:

  • If the worker is under 21 years old: No minimum contribution period is required.
  • If the worker is between 21 and 26 years old: A minimum contribution period of 90 days traded within the seven years immediately prior to the start of the rest period, or 180 days of contributions throughout their working life.
  • If the worker is over 26 years old: A minimum contribution period of 180 days within the seven years immediately preceding the start of the rest period, or 360 days of contributions throughout their working life.

Duration:

  • General: Suspension of the employment contract.
  • Special: 42 calendar days from part.

Permanent Disability

Permanent Disability describes a situation where, after medical treatment, a worker presents serious anatomical or functional reductions that permanently reduce or cancel their working capacity.

Retirement Benefits

Retirement refers to a situation where, due to age, an employee voluntarily ceases to work or to be available for work.

Requirements:

  • Be at least 65 years old.
  • Have a minimum of fifteen years of contributions, with at least two of those years included within the 15 years immediately preceding the retirement date.

Death and Survival Benefits

These benefits apply in situations where individuals were financially dependent on a deceased worker or pensioner.

Requirements:

  • For the deceased: A contribution period of 500 days within the five years prior to death, only if death was a consequence of a common illness.
  • For beneficiaries: A beneficiary entitled to a widow's pension will not lose the right if they remarry, provided certain requirements are met.

Unemployment Benefits

Unemployment benefits are for individuals who are able and willing to work but have lost their jobs or had their working hours reduced by at least one-third, and are registered with an employment regulation agency.

Requirements:

  • Not be of pensionable age.
  • Be in a legal situation of unemployment.
  • Have a minimum contribution period of 360 days (12 months) within the last 6 years.
  • Not be receiving incompatible benefits.

Duration:

The duration of benefits depends on the number of days contributed.

Benefit Calculation:

  • First 180 days: 70% of the regulatory base.
  • Remaining days: 60% of the regulatory base.

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