Unemployment subsidy Unemployment protection - Unemployment benefit - SEPE
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Unemployment
benefit
Unemployment subsidy
Unemployment protection
JULY - 2019Catalogue of publications of the General State Administration http://publicacionesoficiales.boe.es Published by the Spanish Public Employment Service Condesa de Venadito, 9. 28027 - Madrid This official SEPE publication is published in Spanish and in the co-official state languages NIPO PDF: 858-19-107-5 This information is for guidance purposes only
TABLE OF CONTENTS
• The unemployment allowance
* General requirements...................................................................................................... 6
* Submission, documentation and processing of the application............................................ 6
* Amount.......................................................................................................................... 8
* Payment......................................................................................................................... 8
* No income...................................................................................................................... 9
* Family responsibilities................................................................................................... 10
* Allowances you may be entitled to.................................................................................. 11
• Workers who have used up their contributory unemployment benefits and have family responsibilities
* Specific requirements.................................................................................................... 12
* Specific documentation ................................................................................................ 12
* Duration....................................................................................................................... 13
* Processing.................................................................................................................... 13
• workers over 45 years old who have used up the contributory unemployment benefit and do not have family respon-
sibilities
* Specific requirements.................................................................................................... 14
* Duration....................................................................................................................... 14
* Processing.................................................................................................................... 14
• returning migrant workers
* Specific requirements.................................................................................................... 15
* Specific documentation................................................................................................. 15
* Duration....................................................................................................................... 16
* Processing.................................................................................................................... 16• workers who, at the time of becoming legally unemployed, do have not the minimum period of contributions to qualify
for a contributory benefit
* Specific requirements.................................................................................................... 17
* Specific documentation................................................................................................. 17
* Duration....................................................................................................................... 18
* Processing.................................................................................................................... 19
• those released from prison
* Specific requirements.................................................................................................... 20
* Specific documentation................................................................................................. 21
* Duration....................................................................................................................... 21
* Processing.................................................................................................................... 21
• Workers who are declared to be fully able or partially disabled, after their cases have been reviewed due to an
improvement in their condition of serious disability, absolute permanent disability or total disability for their normal
profession
* Specific requirements.................................................................................................... 22
* Specific documentation................................................................................................. 22
* Duration....................................................................................................................... 22
* Processing.................................................................................................................... 23
• unemployment allowance for workers over 52 years of age
* Specific requirements.................................................................................................... 24
* Specific documentation................................................................................................. 25
* Duration....................................................................................................................... 25
* Processing.................................................................................................................... 26• WORKERS' OBLIGATIONS
• compatibility and incompatibility of the allowance
* Compatibility................................................................................................................ 29
* Incompatibility............................................................................................................. 29
• Offences and penalties
* Minor offences.............................................................................................................. 31
* Serious breaches........................................................................................................... 31
* Very serious offences..................................................................................................... 32Spanish Public Employment Service
THE UNEMPLOYMENT ALLOWANCE
This is an assistance benefit intended to supplement the protection of the contributory benefit in situations of
unemployment. It consists of a financial benefit and, where applicable, Social Security contributions for retirement.
The protective action also includes specific training, improvement, guidance, retraining and vocational placement for
unemployed workers and any other actions that aim to promote stable employment. The duration and amount depend
on the allowance method.
General requirements
• To be unemployed.
• Not to be entitled to contributory unemployment benefits.
• You must be a registered job seeker throughout the period you receive the allowance, and you must also sign
the undertaking to accept job proposals .
• You must not have a monthly income of any kind that is more than 75 % of the Minimum Wage (SMI), ex-
cluding the proportional part of two extraordinary payments.
• You must meet all the requirements at all times while you are receiving the allowance.
Submission, documentation and processing of the application
The worker may choose to apply through the website https://sede.sepe.gob.es or at the benefits office (after arranging
an appointment in the Spanish Public Employment Office's electronic office), at any public registry office or via
administrative channels.
If the application is made after the deadline, entitlement will start on the day after the application is made and its
duration will be reduced by as many days as there are between the date when entitlement would have begun if the
registration and application had been made in time and in the correct manner, and the date when the application was
actually made.
6 Unemployment subsidiesSpanish Public Employment Service
In allowances subject to half-yearly renewals, these renewals must be applied for between the day after the half-year
period ends and the 15 days following the expiry date of the last monthly payment period. The applicant must state
in the application whether the same circumstances apply or their circumstances have changed and in the latter case
must make a new declaration of income and family responsibilities, where applicable.
Application outside the deadline will mean that the entitlement will resume the day after the application, with the loss
of any days that have elapsed since the end of the half-year period.
The following documentation must be submitted:
• Form that includes the allowance application, activity commitment, declaration of income and family respon-
sibilities and bank details.
For identification
• Spanish citizens: National Identity Document (DNI) or passport.
• Foreigners resident in Spain:
* EU citizens: European Union registration certificate showing the foreign resident ID number (NIE), together
with the passport or identification document of their country of origin.
* Non-EU citizens: Foreign Resident Identity Card (TIE) and passport.
To process your application
• Any bank document bearing the account number where you wish to receive the benefit. You must be the
ACCOUNT HOLDER.
In the case you can not qualify for the allowance as you have income in excess of the set amounts or you do not have
family responsibilities, you may qualify for the allowance if you prove that you meet the requirements of no-income
or, if that is the case, of family responsibilities before one year passes from the date the event leading to the situation
occurred. In such case, you will qualify for the corresponding allowance on the next day after your application, without
this reducing its duration. For these purposes, the date of the event leading to the situation will be considered as the
date in which the waiting period of one month runs out, or there is a legal unemployment situation, or the six-month
entitlement ends, or the cause for suspension ends.
Unemployment subsidies 7Spanish Public Employment Service
Amount
80 % of the Public Income Index (IPREM), valid at the time.
In the case of losing a part-time job, this amount will be received in proportion to the hours previously worked during
the last contract, except in the benefit for workers over the age of 52.
While receiving the unemployment allowance for workers over 52 years old, the managing body (SEPE or the Social
Marine Institute) will make the relevant Social Security retirement contributions. The 125 % of the lower contribution
limit in force at the time will be used as the contribution base.
In the case of intermittent permanent workers, if they are under 52 years old and have a contribution period of 180
days or more, the Spanish Public Employment Service will also make the Social Security retirement contributions
for 60 days from the entitlement start date. The lower contribution limit in force at the time will be used as the
contribution base.
If the permanent-intermittent workers are over 52 years old, the Spanish Public Employment Service will also make
the Social Security retirement contributions for the whole time they are in receipt of the allowance once they have
reached the set age. The 125 % of the lower contribution limit in force at the time will be used as the contribution
base.
Payment
When the benefit has been granted, the Spanish Public Employment Service or the Social Marine Institute for seafarers
will send the decision to the home address of the applicant, indicating, among other things, the length of time that the
benefit is granted for, the calculation basis of the benefit, the body paying it, the date of payment, etc.
The allowance shall be paid monthly in arrears by means of a deposit into the account of the collaborating financial
institution stated by the applicant, of which the applicant is the account holder, except under exceptional circumstances
where the State Public Employment Service authorises payment in cash.
The right to collect each monthly payment expires one year after it is due.
8 Unemployment subsidiesSpanish Public Employment Service
No income
In order to determine the no-income requirement, the following rules will be applied for the purposes of receiving the
allowance:
• Gross income will be used in the calculation. Earnings from business, professional, agricultural and livestock
or artistic activities will be calculated as the difference between the income and the expenses incurred in
earning such income. Capital gains will be calculated as the difference between capital losses and capital
gains.
• Income will be allocated to the person who earned it regardless of the applicable matrimonial property rules,
but half of the income arising from the use of an asset belonging to one of the spouses will be allocated to
each spouse if the matrimonial property rules are of joint property.
• If income is earned on a monthly basis, the income corresponding to the full month prior to the event that
gave rise to the allowance will be calculated, provided that this is maintained in the month corresponding to
the causing event, or the application, or while receiving the allowance.
• If income is received in a single payment, the income obtained in the calendar month prior to the event that
gave rise to the allowance, or to the application, calculated from date to date, or while receiving the allowance
will be calculated, with the amount split into twelve months. This will be applied to compensation for contract
termination made in a single payment which exceeds legal compensation, to income arising from the sale of
securities or property, unless this property is the habitual residence, to the redemption of pension plans and
to all other capital gains or irregular income.
• If you have capital assets, property and market investment funds, retirement funds or plans, or any other
form of capital investment, except the habitual residence and pension plans, on which personal income tax
is deferred, provided that the actual monthly returns have not been calculated, the assumed monthly returns
will be calculated resulting from applying the current legal rate of interest to the value of the asset, fund or
plan, split among twelve months.
The following, among others, will not be considered income:
• The amount of contributions towards funding the Special Agreement with the Social Security Administration,
unless this amount is exclusively payable by the worker at their own decision, which shall still be considered
income.
Unemployment subsidies 9Spanish Public Employment Service
• The recipient's unemployment benefits.
• The amount corresponding to legal compensation that, in each case, comes from the termination of an em-
ployment contract, irrespective of whether payment is made periodically or as a lump sum.
• Amounts received for social cooperation work and wages in the case that the allowance recipient is part of an
employment promotion programme which declares it to be compatible with allowances.
• Advance payment of the tax refund for working women with children under the age of three.
• Returns from property that correspond to the residence usually occupied by the unemployed person, in ad-
dition to returns from the sale of the habitual residence, or public subsidies obtained to renovate, improve
or acquire it.
• Unredeemed pension plans.
Family responsibilities
Family responsibilities will be understood to mean having a dependent spouse and/or biological and adopted children
below the age of twenty-six, or over twenty-six years old if they have a disability classified as 33 % or more, as well
as foster children, when the income of the entire family unit taken as a whole and including the applicant, divided by
the number of members in the family unit, does not exceed 75 % of the SMI, excluding the proportional part of two
extraordinary payments.
The spouse, children or foster children with an income of any kind that is more than 75% of the SMI, excluding the
proportional part of two extra payments, will not be considered dependent.
Although a common-law couple is not considered a family responsibility for the purposes of unemployment benefit, if
the household consists of the common-law couple and the children of the couple, either aged under 26 or disabled,
or minors under the foster care of the couple, given that Article 143 of the Civil Code establishes the obligation of
parents to provide food for their children, it will be counted as a family responsibility if the joint income of this family
unit, including the income of the common-law spouse, divided by the number of family members, does not exceed
75% of the SMI.
In the case of victims of gender violence and for the purposes of establishing the existence of family responsibilities
of the unemployment benefit applicant or recipient, the spouse who was the perpetrator of the violence will not be
considered dependent, irrespective of their level of income, nor will he be included as a member of the family unit,
nor will his income be taken into consideration.
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For the purposes of determining the no income requirement and, where applicable, family responsibilities, the
requirements must be fulfilled at the time of the event causing unemployment and at the time of making the application
for the allowance, and when applying for extensions or renewals and while all forms of the allowance are being received.
Allowances you may be entitled to
a. Workers who have used up their contributory unemployment benefits and have family responsibilities.
b. Workers who have used up their contributory unemployment benefits, are over 45 years old on the date this happens
and do not have any family responsibilities.
c. Returned emigrant workers.
d. Workers who, at the time of becoming legally unemployed, do have not the minimum period of contributions to qualify for
a contributory benefit.
e. Those released from prison.
f. Workers declared fully able or who have lost the status of disability pension recipients due to an improvement in the
condition of serious disability, absolute or total permanent disability for their usual profession.
g. Unemployment allowance for workers older than 52 years of age.
Unemployment subsidies 11Spanish Public Employment Service
WORKERS WHO HAVE USED UP THEIR CONTRIBUTORY UNEMPLOYMENT BENEFITS AND HAVE FAMILY
RESPONSIBILITIES
Specific requirements
• You must have used up your unemployment benefit.
• You must be registered as a job-seeker for one month from the date the contributory benefit was used up
(date in which the benefit was granted, that will always be prior to the last payment date of the benefit) and
stay registered for the entire time you receive the allowance, without having refused any suitable job offer or
refused to participate in promotion, training or vocational retraining actions without just cause.
• You must have family responsibilities.
Specific documentation
• Family record book, or an equivalent document in the case of foreign citizens, legally approved and translated.
• In the case of disabled children over 26 years old, certificate of the degree of disability issued by the
IMSERSO or the relevant body in the Autonomous Community, or resolution from the INSS, Ministry of
Finance or the Ministry of Defence, recognising their status as a pensioner due to total, absolute or serious
permanent disability, or retirement due to being permanently unfit for service.
• Legal or written resolution formalising the fostering arrangement containing the consent of the Public
Authority in each region responsible for child protection and the fostering date.
• Judgement and/or agreement in case of separation or divorce.
12 Unemployment subsidiesSpanish Public Employment Service
Duration
Six months that, subject to the interested party's application, can be extended for two additional six-month periods to
a maximum of 18 months, with the following exceptions:
• Those under 45 years of age whose contributory benefit of a minimum six months' has run out are entitled
to another six-month extension, up to a total of 24 months.
• Those over 45 years of age whose contributory benefit of a minimum four months' has run out are entitled to
another six-month extension, up to a total of 24 months.
• Those over 45 years of age whose contributory benefit of at least six months' duration has run out are entitled
to two six-month extensions, up to a total of 30 months.
• Individuals must be the stated age on the date their contributory unemployment benefit expires.
• In the case of intermittent-permanent employees, the length of these benefits will be equivalent to the num-
ber of months for which they contributed in the year prior to the application.
Processing
The applicant must make their application within 15 working days after completing the one-month waiting period after
using up their contributory benefit.
Unemployment subsidies 13Spanish Public Employment Service
WORKERS OVER 45 YEARS OLD WHO HAVE USED UP THE CONTRIBUTORY UNEMPLOYMENT BENEFIT
AND DO NOT HAVE FAMILY RESPONSIBILITIES
Specific requirements
• You must have used up your contributory benefit.
• You must be registered as a job-seeker for one month from the date the contributory benefit was used up
(date in which the granted benefit ends, that will always be prior to the last payment date of the benefit) and
stay registered for the entire time you receive the allowance, without having refused any suitable job offer or
refused to participate in promotion, training or vocational retraining actions without just cause.
• To be 45 years of age on the date when the contributory benefit ran out.
Duration
Six months which cannot be extended.
In the case of permanent-intermittent employees, the duration of these benefits is equivalent to the number of months
for which they contributed for unemployment in the year prior to the application.
Processing
The applicant must make their application within 15 working days after completing the one-month waiting period after
using up their contributory benefit.
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RETURNING MIGRANT WORKERS
Specific requirements
• You must be a Spanish national.
• You must be registered as a job-seeker for one month and stay registered for the entire time you receive the
allowance, without having refused any suitable job offer or refused to participate in promotion, training or
vocational retraining actions without just cause.
• You must have worked abroad for a minimum of 12 months in the last six years since last leaving Spain in
countries that do not belong to the European Economic Area or Switzerland.
• You must not be entitled to contributory unemployment benefit dues to contributions you accumulated in the
6 years prior to leaving Spain.
Specific documentation
• Certificate issued by Government Offices or Sub-Offices stating your return date and the time worked in the
country of emigration.
Unemployment subsidies 15Spanish Public Employment Service
Duration
Six months that, subject to the interested party's application, can be extended for two additional six-month periods to
a maximum of 18 months, if the worker continues to fulfil the requirements.
Processing
The worker has 30 days from their return date to register as a job-seeker. They must stay registered for one month
and make their application within 15 working days from the date following the end of the one-month waiting period.
16 Unemployment subsidiesSpanish Public Employment Service
WORKERS WHO, AT THE TIME OF BECOMING LEGALLY UNEMPLOYED, DO HAVE NOT THE MINIMUM
PERIOD OF CONTRIBUTIONS TO QUALIFY FOR A CONTRIBUTORY BENEFIT
Specific requirements
• You must be legally unemployed.
• You must register as a job-seeker within 15 working days from the date you become legally unemployed and
stay registered for the entire period that you receive the allowance.
• You must have contributed to a Social Security scheme that includes the contingency of unemployment for
at least three months if you have family responsibilities, or six months if you do not have any, and not have
the minimum contribution period needed to be entitled to a contributory benefit (360 days).
• In this case, you must have family responsibilities.
Specific documentation
• Company Certificate from the last company in which you worked if this has not already been sent to the
Spanish Public Employment Service via the Certific@2 system.
Where the worker has family responsibilities, they must also present:
• Family record book, or an equivalent document in the case of foreign citizens, legally approved and translated.
• In the case of disabled children over 26 years old, certificate of the degree of disability issued by the
IMSERSO or the relevant body in the Autonomous Community, or resolution from the INSS, Ministry of
Finance or the Ministry of Defence, recognising their status as a pensioner due to total, absolute or serious
permanent disability, or retirement due to being permanently unfit for service.
Unemployment subsidies 17Spanish Public Employment Service
• Legal or written resolution formalising the fostering arrangement containing the consent of the Public
Authority in each region responsible for child protection and the fostering date.
• Judgement and/or agreement in case of separation or divorce.
Duration
This depends on the number of months contributed for and whether or not the worker has family responsibilities.
• In the case of a worker with family responsibilities:
* Three months if they have three months of contributions.
* Four months if they have four months of contributions.
* Five months if they have five months of contributions.
* 21 months if they have six months or more of contributions.
• Where the worker does not have family responsibilities:
* Six months if they have six months or more of contributions.
In the case of intermittent permanent employees, the duration of these benefits is equivalent to the number of months
for which they contributed in the year prior to the application.
When entitlement is granted in these cases, the contributions that serve to qualify for this allowance cannot be taken
into account in granting another entitlement to contributory or assistance benefits.
18 Unemployment subsidiesSpanish Public Employment Service
Processing
The application must be made by the applicant within fifteen working days from the date when legal unemployment
starts.
Unemployment subsidies 19Spanish Public Employment Service
THOSE RELEASED FROM PRISON
Specific requirements
• You must have been released from prison and not be entitled to contributory unemployment benefit.
• You must not have been incarcerated for more than six months.
• This category includes minors released from a detention centre where they were held as a result of committing
acts considered to be offences, provided that, in addition to having been incarcerated for the above-men-
tioned period of time, they are over 16 years old when released. In addition, this category also includes people
who have completed a drug addiction treatment programme, provided that this treatment lasted for more
than six months and their prison sentence was commuted in application of the provisions of the Penal Code.
• If they were sentenced for offences of abuse or sexual assault of minors under the age of 16 or offences
relating to the prostitution and corruption of minors when the victim was under 13 years old, the Prison
Administration must certify that they have settled the civil liability arising from the offence and that they
have specifically asked the victim or victims of their offence for forgiveness.
In any case, the Prison Administration must certify whether the person released was incarcerated for the offences
considered in the previous point or for a different offence.
• You must be registered as a job-seeker for one month and stay registered for the entire time you receive the
allowance, without having refused any suitable job offer or refused to participate in promotion, training or
vocational retraining actions without just cause.
20 Unemployment subsidiesSpanish Public Employment Service
Specific documentation
• Certificate from the Prison director stating whether it is a case of release from remand, completion of the
sentence or on parole, as well as the incarceration and release dates.
• Certificate from the Prison Administration which states whether the person released was sentenced for any
of the following offences:
1. Offences of abuse and sexual assualt of minors under the age of thirteen.
2. Offences relating to the prostitution and corruption of minors where the victims is under the age of
thirteen.
If the person was sentenced for the offences in numbers 1) or 2), a certificate from the Prison Administration
which states that they have settled the civil liability arising from the offence, and have specifically asked
the victims of their offence for forgiveness.
Duration
Six months, extendable for another two periods of the same length subject to an application from the interested party,
up to a maximum of 18 months.
Processing
The worker has 30 days from their prison release date to register as a job-seeker. They must stay registered for one
month and make their application within 15 working days from the date following the end of the one-month waiting
period.
Unemployment subsidies 21Spanish Public Employment Service
WORKERS WHO ARE DECLARED TO BE FULLY ABLE OR PARTIALLY DISABLED, AFTER THEIR CASES
HAVE BEEN REVIEWED DUE TO AN IMPROVEMENT IN THEIR CONDITION OF SERIOUS DISABILITY,
ABSOLUTE PERMANENT DISABILITY OR TOTAL DISABILITY FOR THEIR NORMAL PROFESSION
Specific requirements
• You must be registered as a job-seeker for one month and stay registered for the entire time you receive the
allowance, without having refused any suitable job offer or refused to participate in promotion, training or
vocational retraining actions without just cause.
• You must have been declared to be fully able or partially permanently disabled, after your case was reviewed
due to an improvement in the condition of total permanent disability for your normal profession, absolute
permanent disability for any type of work or serious disability.
Specific documentation
• Photocopy of the decision of the improvement review
Duration
Six months, extendable for another two periods of the same length subject to an application from the interested party,
up to a maximum of 18 months.
22 Unemployment subsidiesSpanish Public Employment Service
Processing
The worker has 30 days from being declared fully capable or permanently partially disabled to register as a job-seeker.
They must stay registered for one month and make their application within 15 working days from the date following
the end of the one-month waiting period.
Unemployment subsidies 23Spanish Public Employment Service
UNEMPLOYMENT ALLOWANCE FOR WORKERS OVER 52 YEARS OF AGE
Specific requirements
• Being at least 52 years old on the date the unemployment benefit or unemployment allowance runs out, or
being this age when you fulfil the requirements to qualify for the allowance scenarios detailed below, or reach
this age while you receive the allowance:
* Having used up a contributory unemployment benefit.
* Being a Spanish emigrant worker who has returned from countries that are not members of the European
Union, European Economic Area or Australia or Switzerland, not be entitled to contributory unemployment
benefit as a result of contributions accumulated in the six months prior to leaving Spain, and have worked
for at least 12 months in countries that are not members of the European Union, European Economic
Area or Australia or Switzerland in the 6 years prior to leaving Spain.
* Being a person released from prison who is not entitled to contributory unemployment benefit and have
been in prison for more than six months.
* Being declared fully able or partially disabled after your case was reviewed due to an improvement in a
condition of serious disability, absolute permanent disability or total disability for your usual profession.
* Being legally unemployed, not entitled to contributory unemployment benefit as a result of not having the
minimum contribution period (12 months), as long as contributions have been made for at least three
months.
• You must be included in one of the above scenarios.
• You must be registered as a job-seeker for one month (date in which the granted benefit ends, that will al-
ways be prior to the last payment date of the benefit) and stay registered for the entire time you receive the
allowance, without having refused any suitable job offer or refused to participate in promotion, training or
vocational retraining actions without just cause.
• You must have contributed for unemployment for a minimum of six years throughout your working life.
24 Unemployment subsidiesSpanish Public Employment Service
• You must meet all the requirements, except that of age, for claiming some kind of contributory retirement
pension from the Social Security system (have contributed for retirement 15 years, of which at least two must
have been in the last 15 years).
• If you are under the age of 52 at the time of the triggering event, have been continuously registered as a job
seeker and meet the other requirements, you may apply for the over-52 benefit when you reach that age. The
requirement continuous register will be considered to have been met when each of the possible interruptions
has lasted less than 90 days, not calculating for this purposes the periods corresponding to self-employed
activities or activities as an employee. In this last case, the worker will not qualify for the allowance when the
cessation in the last job was voluntary.
• The worker that fulfils the above requirements may obtain this allowance when:
* They were receiving or were entitled to receive an allowance.
* They have used up an allowance.
* They have used up an unemployment benefit and have not received the corresponding allowance or it has
been cancelled as a result of not meeting, initially or subsequently, the income requirement.
This allowance is not applicable to intermittent permanent workers while they remain in this situation.
Specific documentation
• Judgement and/or agreement in case of separation or divorce.
Duration
The benefit will be extended at most until the worker reaches the ordinary age required in each case to qualify for a
contributory retirement pension.
Unemployment subsidies 25Spanish Public Employment Service
Processing
When do I apply to the benefit and when does the entitlement begin
There are several scenarios:
1. If you 52 years old or over in the moment you fulfil all the requirements to qualify for the allowance, you must
apply within 15 working days after the day in which the waiting period of one month runs out or you certify a legal
unemployment situation due to an involuntary job cessation, certifying an employment period over 90 days and
under 360 days.
In such case, when the application is made within the time limit, the allowance for people over 52 years old will
start the day after the waiting period of one month runs out or the day after the legal unemployment situation.
2. If in the moment that you meet any requirement to apply to an allowance you are still not 52 years old, you will
have to apply within 15 working days after becoming 52, as long as, up until then, you have remained registered,
according to the terms established in the previous point.
If when you reach that age your are receiving any other allowance, this will be extinguished and you will be
recognised the allowance for people over 52 years old.
In both cases, when the application is made within the time limit, entitlement to the subsidy starts on the day after
reaching 52 years of age.
3. If on the 13 March 2019 you are already 52 years old but you do not qualify for the allowance for people over 55
years old because you were under 55 years old on the 12 March 2019, or because you are over 55 years old and
became that age without receiving or being entitled to an allowance, you must submit your application within 15
working days after the 13 March 2019 and the entitlement to the allowance will start on the 14 March 2019.
In any case, if the application is submitted outside the deadline, the entitlement will start the day after the application,
as long as the necessary requirements are met no only in the date of the application, but also in the date of the event
leading to the situation, and in case there is no cause for the cancellation of the entitlement.
The documentation that must be submitted will depend on the situation through which the person qualifies for this
allowance.
26 Unemployment subsidiesSpanish Public Employment Service
The SEPE will request a certificate from the INSS stating that the interested party fulfils the no-income period required
to qualify for a contributory retirement pension. In order to certify this period, in addition to the contributions made in
Spain, those made in other EU/EEA member states and Switzerland will also be taken into account.
While a person is receiving this allowance, a declaration of the income received during this period, together with
the corresponding certifying documentation, must be submitted to the Public Employment Service Office within 15
working days every time one year passes from the start date of the entitlement or the date it was last renewed.
If a person does not qualify for the allowance when their contributory benefit is used up or when they become legally
unemployed as they do not personally meet the no-income requirement, they may qualify for the allowance for the
over-52s if they meet this requirement and are at least 52 years old before one year passes from the date the event
leading to the situation occurred.
Workers who receive the allowance for the over-52s can sign a Special Agreement through the Social Security to
supplement the retirement contributions made by the Spanish Public Employment Service.
The unemployment allowance for workers over 52 years old will take priority over the payment of any other allowance.
Unemployment subsidies 27Spanish Public Employment Service
WORKERS' OBLIGATIONS
The following are workers' obligations:
• Providing the documentation and information necessary for the granting, suspension, cancellation or renewal
of the entitlement to the allowances and notifying the Regional Public Employment Services (SPEs) and the
Spanish Public Employment Service (SEPE) of your residence and, where applicable, any change to the ad-
dress provided for notification purposes as soon as this occurs.
• Signing and complying with the requirements of the activity commitment.
• Actively seeking employment, taking part in actions to improve employability, if any, determined by the com-
petent Employment Services as part of a labour market integration route.
• Requesting termination of the unemployment allowance if you are in a situation where entitlement is sus-
pended or terminated, or when you no longer meet the requirements to receive the allowance.
• Renewing your unemployment registration in the manner and on the dates shown on the employment regis-
tration card.
• Appearing at or attending the Spanish Public Employment Service, the non-profit Placement Agency or the
Entities Associated with the Integrated Service for employment at their request and at the time and date
stated. Returning the note confirming your appearance at the place and time indicated to fill the job offers
provided by the non-profit Placement Agency or by the Spanish Public Employment Service to them within
5 days.
• Accepting a suitable placement offered by the Spanish Public Employment Service or by the non-profit
Placement Agency and taking part in socialwork and employment programmes, or in professional promotion,
training or retraining actions, unless there is just cause to not do so.
• Receivers of the subsidy for over 52 years must submit an annual income statement accompanied by the
appropriate supporting documentation.
• Returning any unduly collected allowance.
28 Unemployment subsidiesSpanish Public Employment Service
COMPATIBILITY AND INCOMPATIBILITY OF THE ALLOWANCE
Compatibility
Receiving the unemployment allowance will be compatible with:
• Part-time work for another person, including with an open-ended contract of part-time support for entrepre-
neurs, without prejudice to the corresponding reduction in the allowance amount and the earnings from such
work being calculated as income.
• The compensation that is due for terminating the employment contract.
• Partial retirement pension and pensions or financial benefits from Social Security that were compatible with
the work that gave rise to the unemployment benefit or allowance. Scholarships and grants that may be ob-
tained to support occupational training actions or to complete internships in public or private entities that
form part of the study plan and occur within the framework of cooperation between such entities and the
educational centre in question.
• Carrying out social welfare work.
• Social Security benefits for a dependent child or children.
• Holding public or trade union positions by election or appointment that are paid and involve part-time ded-
ication to the post, without prejudice to the earnings from such work being calculated as income and the
corresponding deductions in the allowance amount.
Incompatibility
Receiving the allowance is incompatible with:
• A monthly income of any kind that is more than 75 % of the SMI, excluding the proportional part of two
extraordinary payments.
Unemployment subsidies 29Spanish Public Employment Service
• Where applicable, the loss of family responsibilities, where these are requirements to receive the allowance.
• Paid employment when working for another person full-time, as an employee or administrator, or in similar
situations that entail being included in any scheme in the Social Security system even if contributions are not
made for unemployment, except when compatibility has been established with some employment promotion
programme.
• Self-employment, regardless of the number of hours spent on this activity and its financial results, even if
this activity does not imply obligatory inclusion in one of the Social Security schemes.
• Paid research or cooperation work that implies full-time dedication to this post. Holding public or trade union
positions by election or appointment or high-ranking positions in the civil service that are paid and imply
full-time dedication to the post. Contributory and non-contributory pensions or financial benefits from Social
Security, except those instances mentioned in the section on compatibility.
• Activity as a paid reservist as referred to in Royal Decree 1691/2003 of 12 December approving the
Regulation on the volunteer reservist qualification and system.
• Any other situation that implies entitlement to financial payments from public bodies in order to replace
remuneration that has stopped due to an activity being ended that has a link with administration or employ-
ment.
30 Unemployment subsidiesSpanish Public Employment Service
OFFENCES AND PENALTIES
Offences are actions or omissions that breach the provisions that regulate unemployment protection, and are penalised
based on their classification, without prejudice to any other liability that may be incurred.
Minor offences
• Failure to appear before the Managing Body, the non-profit Placement Agency or the Associated Entity of the
Integrated Employment Services when required to do so, without just cause.
• Failure to return the note to the Public Employment Service or, where applicable, to the non-profit Placement
Agency, within five days confirming your appearance at the place and time indicated to fill the job offers
provided by them, without just cause.
• Failure to fulfil the requirements set forth in the activity commitment, without just cause.
• Failure to provide the Spanish Public Employment Service and the Regional Public Employment Services with
the information required to ensure you receive notifications and correspondence.
Corresponding penalties:
• Loss of the allowance for one month.
• Should a person re-offend, the second offence will be penalised with the loss of the allowance for three
months, the third offence with the loss of the allowance for six months and the fourth offence with the can-
cellation of the entitlement to the allowance.
Serious breaches
• Refusing an offer of suitable employment or refusing to take part in social work, employment programmes or
in promotion, vocational training or retraining actions, without just cause.
Unemployment subsidies 31Spanish Public Employment Service
• Failure to report allowance termination when situations of suspension or cancellation of entitlement occur,
or of failing to meet the requirements for receiving the allowance, wherever it has been unduly collected for
any reason, without just cause.
Corresponding penalties:
• The offences mentioned in the first bullet point of the previous point will be penalised with the loss of the
allowance for three months.
• Should a person re-offend, this will be penalised with the loss of the allowance for six months and the third
offence with the cancellation of the entitlement to receive the allowance.
• The offence considered in the second bullet point of the point above will be directly penalised with the can-
cellation of the allowance entitlement.
• In all cases where the allowance is cancelled, any amounts unduly collected must be returned.
Very serious offences
• Combining receiving the allowance with self-employed work or work for another person, except part-time work
where the worker has chosen to continue to receive the allowance provided that they continue to have no
income of any kind, including the new salary, that exceeds 75 % of the SMI, excluding the proportional part
of two extraordinary payments, or unless the worker is on some employment promotion programme in which
the allowance is compatible with working for another person.
• Fraudulently obtaining undue benefits or higher benefits than appropriate.
• Conniving with the employer to unduly collect unemployment benefits.
Corresponding penalties:
• Cancellation of the allowance.
• Return of any amounts unduly received.
• In addition, the worker may be excluded from the entitlement to receive any financial unemployment benefit
and, where applicable, employment promotion assistance for one year.
32 Unemployment subsidiesFor more information: Spanish Public Employment Service www.sepe.es Appointments: 901 01 02 10 General Public: 901 11 99 99 Companies: 901 01 01 21 (Province numbers also available) Follow us on:
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