The widow's pension is granted in marriages when one of the members dies, leaving the other a widower. In these cases, the person who remains alive receives a monthly amount. But can a son collect his mother's widow's pension?
If you have considered it and you have not managed to find the answer, then we give you the keys so that you can understand whether or not you can charge it.
What is the widow's pension
The widow's pension is a benefit that Social Security itself grants to a couple (whether by marriage or de facto) when one of the members dies, leaving the other person alive.
In order to obtain it, a series of requirements must be met by both the deceased and the survivor.
In the case of the deceased, in order to activate the processing of the widow's pension, the following must be met:
- Have been discharged for at least 500 days in the previous five years. If you were not registered, then you must prove that you met the minimum contribution period, which is 15 years. Only if the accident that caused the death was caused by an accident, whether at work or not, or due to an occupational disease, will this minimum not be taken into account.
- Be the recipient of a contributory retirement pension, or at least be entitled to it, even if you did not request it.
- Being a pensioner due to permanent disability.
- Have the right to a subsidy for temporary disability, risk due to pregnancy, maternity or paternity...
However, in the case of the surviving person, they must comply with:
- Being the spouse or common-law partner of the deceased.
- Have children in common. In case you don't already, you can receive a temporary widow's pension.
- Being divorced or legally separated, with or without compensatory pension.
What is the amount of the widow's pension
In the event that, after studying the requirements, you meet them and submit the paperwork, these will be assessed to see if you are granted a widow's pension.
If the resolution is positive, you will receive 52% of the deceased's regulatory base. In other words, the pension that the other person was collecting is not received in full, but rather more than half of it. Yes, it can be higher in case there are family charges or other aggravating factors, which cause the amount to be increased to 70%.
But can a son collect his mother's widow's pension?
Not really. A son can never collect the mother's widow's pension. And she is she cannot inherit it. Nor can the mother transfer or assign the right that she has over her child.
The widow's pension is given to people in three cases:
- When there is a surviving spouse (that is, they are widowed).
- When they are separated, legally or judicially, and one of them dies.
- In the case of surviving in a common-law relationship.
In fact, if we delve a little deeper into the law, we discover that the widow's pension is no longer collected when that person, the widow or widower, dies.
A child could only collect these three pensions:
- Orphanhood.
- In favor of relatives.
- Subsidy in favor of relatives.
Of course, in each case it will be necessary to meet the requirements that they ask us.
orphan's pension
It is one that is given to a boy or girl because their parents have died. To process it, a series of requirements must be met:
Being an orphan, either of one or both members (father and mother).
Be under 21 years old. This age can be exceeded if the child has a disability.
Meet other requirements. These are based on your being an absolute orphan (both parents are deceased and there are no adopters); or simple, when only one of the parents dies.
And how much is charged? 20% of the regulatory base of the person who causes the pension (that is, the parent). In some cases, the amount can rise up to 52%.
In addition, you can collect this pension and work at the same time, but only if the annual calculation is less than 100% of the annual calculation of the Minimum Interprofessional Salary (SMI).
Pension in favor of relatives
To receive this pension, children must meet the following requirements:
- Have lived with the family member for at least two years before their death.
- Not having a public pension.
- Have no means of subsistence.
If the requirements are met, you can opt for 20% of the deceased's regulatory base.
Now, this pension is always collected by relatives in order: first the grandchildren and siblings of the deceased, then the parents, then the grandfather and grandmother and, lastly, the children.
Subsidy in favor of relatives
Finally, we have this subsidy in which the requirements are:
- Being a child over 25 years of age.
- Have lived with the relative for at least two years prior to death.
- Not having a public pension.
- Have no means of subsistence.
Similarly, 20% of the regulatory base will be chosen but, unlike the previous one, it will be temporary. You are only entitled to this subsidy for 12 months.
Therefore, we can conclude that, despite the fact that there is much news in which it is said that yes, children can obtain a widow's pension, what they obtain is a pension in favor of relatives, but not a widow's pension because that It would only correspond to the parents and after their death it would disappear.
Now, in the event that the children are disabled (equal to or greater than 33%), it is true that there are compensations for these children, sometimes of the same amount as that of widowhood, hence it is thought that what is really charge is that pension.
When in doubt, we recommend that you check with Social Security, which is the one that, once you present your case, can give you a better answer as to whether you are entitled to a pension or if there is any way to obtain one.