Social Security IT Allowance Requirements and Eligibility

Performance Requirements for IT Allowance

Under Article 130 of the LGSS, individuals within the General Regime (RG) who meet the situations identified in Article 128 are eligible for the IT (Temporary Disability) allowance, provided they satisfy the requirements of Article 124.1 LGSS—specifically, being registered and in an active or similar service status at the time of the health event.

Distinguishing Employment Status Requirements

Regarding the requirement of being in active or similar service, a distinction must be made:

• Professional Contingencies: Workers in the RGSS are considered full members in active status for work-related accidents (AT) and occupational diseases (EP), even if their employer has breached their obligations (Art. 125.3 LGSS). This allows for the provision of benefits by the relevant institution, without prejudice to subsequent recovery from the employer.
• Common Contingencies: Active status is essential. In principle, only situations such as involuntary unemployment (subsidized and total, but only non-contributory) are considered similar services.

Particularities of Employment Status

In general, during strike and lockout situations, the worker is in a "highly special" status. However, the worker does not receive IT economic benefits. Before starting unemployment benefits during a period of leave not taken, the worker is in an equivalent situation and contributes for interim wages; thus, they are considered in active status for Social Security purposes and may access IT benefits.

Situations Ineligible for IT Provision

IT benefits are not provided when there is no active status or similar service, as there is no activity and therefore no risk of IT, in the following circumstances:

• Termination of contract (except during the period of processing wages and leave not taken).
• Suspension of contract.
• Unpaid childcare leave (voluntary or compulsory).
• Suspension without pay.
• Strike and lockout (as noted above).

Contribution Requirements

Accidents (Work-related or not) and Occupational Disease: No previous contribution period is required.

Common Disease: Requires 180 days of contributions within the five years preceding the event.

Jurisprudential Criteria

The computation of the 180 days must be based on contribution days, not merely worked days. This includes:

• Theoretical days of extraordinary bonuses.
• Periods that initially lacked the requirement, even if the requirement is met subsequently, provided that no more than six months have elapsed since the first casualty.