O pregnancy termination allowance is a right provided for in the parental protection regime. Thus, this is granted given in license case for the same reasonas indicated in article 38 of the Labor Code.
What does the termination of pregnancy allowance consist of?
It is a cash support given to women, in situations of termination of pregnancy, for 14 to 30 days, according to medical indication. In other words, the subsidy It is paid to the worker and aims to replace lost labor income, in the termination of pregnancy validated by a doctor.
Who is it for?
In other words, they have entitlement to subsidy for termination of pregnancy: Employees (on contract) to be deducted from Social Security, including those who do domestic work (The)Self-employed workers (with green receipts or individual entrepreneurs) deducting from Social Security; Beneficiaries of Voluntary Social Security; Who is receiving unemployment benefit, to which they are no longer entitled during the time they are receiving interruption allowance of pregnancy; Who is receiving a Relative Disability Pension, Old Age Pension or Survivor’s Pension and working and making Social Security discounts. at home.In case of suspension or termination of the contract, may give rise to the granting of allowance for termination of pregnancy, provided that no more than six consecutive months have elapsed without discounts between the date of suspension or termination of the contract and the date of the event.Also read: Subsidy for high-risk pregnancy: Who is entitled and what is the value of the support
Conditions of access to the allowance for termination of pregnancy
First of all, as in any other social benefit, you need to gather a set of conditions to receive this subsidy. So they are:Medical statement with indication of the period of impediment to work due to termination of pregnancy (between 14 and 30 days);Apply for the allowance within the time limitthat is, in six months from the first day you did not work;Have warranty period of six calendar months, consecutive or interpolated, with a record of remuneration, on the date of the impediment to work; Will have regularized contributory situation on the date on which the right to benefit is recognized, if you are self-employed or if you are covered by the voluntary social insurance scheme;Finally, enjoy the respective licenses, absences and exemptions not paid under the terms of the Labor Code or equivalent periods. the periods of registration of earnings in other national or foreign social protection schemes are considered, provided that they do not overlap, that cover this type of protection, including that of the public service. It should be noted that the termination or suspension of the employment contract does not prevent the payment of the respective installments.
What is the duration and amount to receive?
This allowance is paid for 14 to 30 days, according to medical advice. On the other hand, entitlement to subsidy ends within five yearscounted from the date on which it was paid with knowledge of the beneficiary.
First, the daily value of support is equivalent to 100% of the beneficiary’s reference remuneration. So, you can calculate it using the following formula:RR=R/180Where the R is equal to total remuneration recorded in the first 6 calendar months immediately prior to the second month preceding the start of the impediment to work;RR=R/ (30Xn)It applies when there is no record of remuneration in that 6-month period, as there has been a total of contributory periods, where:R is equal to total remuneration recorded since the beginning of the reference period until the day that precedes the impediment to work; and no the number of months to which they refer. On the other hand, note that, in the total remuneration are not included:holiday allowances;Christmas allowance;or others of a similar nature.When the reference remuneration is very low, then the law indicates a limit minimum of 11.82 euros per day (i.e. 80% of 1/30 of the IAS).It should also be noted that the IAS value in 2022 is €443.20.In addition, the termination of pregnancy allowance has a 2% increase if the worker resides in regions autonomousthat is, in Wood or Azores.
How and when is payment made?
This installment is pay monthly or all at once, taking into account the duration of the subsidy to which he is entitled. In addition, it can be paid by:Bank transfer;or postal order (mail).Finally, remunerations are recorded by equivalence to the entry of contributions, in relation to the period of granting the subsidy, which is considered as work actually performed.
Can I accumulate with other installments?
In the first place, he can accumulate this subsidy with: Compensation and pensions due to occupational disease or accident at work; Old-age, disability and survivor’s pension from the social security system or other mandatory schemes; Pre-retirement benefits, provided that the beneficiaries have an activity included in one of the schemes social security system; Social insertion income; Support subsidy for the main informal caregiver. can’t accumulate com:Income from work;Unemployment allowance;Sickness allowance;And also benefits given under the solidarity subsystem, not counting the social insertion income.if you are receiving unemployment benefits, these are suspended while you are receiving the allowance for termination of pregnancy, and you must inform the employment centerwithin five working days, the beginning and end of the period for granting the allowance for termination of pregnancy, in order to be exempt from fulfilling duties towards the employment centre.Also Read: Are You Pregnant? Find out about your rights at work
What happens if I wrongly receive this subsidy?
If you receive Social Security benefits without being entitled to them, then must return the corresponding value. For this you can do:
Through direct payment
In this case, within 30 days from the date you received the notification from Social Security, the debtor can: make payment in full or; ask for payment in monthly installments. However, installments cannot exceed 150 months. As a result, the lack of payment of an installment implies the maturity of the others.Finally, to request this type of debt payment, you must use the following form: application for amounts owed to Social Security, Mod.MG7-DGSS.
In compensation with other benefits that the debtor is receiving
This compensation is made up to one third of the value of the installments dueunless the debtor intends to deduct a higher amount.Compensation with installments in progress must guarantee the debtor a monthly amount equal to the value:of Social Support Index (IAS)or the value of the respective benefit if it is lower than that, when the compensation is made with compensatory benefits for the loss or reduction of income from work; social pensionor the value of the respective installment if it is lower than that, for the remaining installments. cannot be compensated:at benefits intended for ensure subsistence minimums to persons in a situation of economic need, unless the compensation originates from the undue payment of the benefit itself; family benefits that originate in the death of the beneficiary. In short, you can find the form referred to: in the upper right corner of the “related documentation” ; or in any customer service of Social Security.
How to apply for the termination of pregnancy allowance?
You can ask for this support from three waysthis is:
Through Direct Social Security using form RP5051-DGSS. That is, when making the request through this service, you must fill in the respective form and indicate the necessary evidence as indicated during the electronic registration process. This is the simpler and safer way, without having to leave the house.
Social Security Assistance Services
If you choose this option, must deliver:O completed form;and all documents indicated therein.
In this mode, must send to the District Center in the beneficiary’s area of residence:the respective form filled; and all documents that are necessary. pregnancy termination situationsin which the medical certification is issued by the competent services of the National Health Service (health centers or hospitals) through a specific form (CIT), it is not necessary to apply for the respective subsidy either online or on paper.If you apply for the subsidy at the Direct Social Security service, must send the evidence by the same route provided they are correctly scanned. On the other hand, must also keep the originals of the evidence for five years. Therefore, if these are requested, you must submit them to the competent services..
What documents are needed?
First, to apply for this support, you must present the following documents:Medical statement with an indication of the period of leave following termination of pregnancy (between 14 and 30 days), in the event that the certification is issued by a private physician or by a Private Health Facility;Document from the banking institution proving the IBAN (International Bank Account Number), if you want the payment to be made by deposit in a bank account. It is very important that you have your address updated. If necessary, you can do it without leaving your home. For that, just access the Social Security portal.
Deadline to apply for the termination of pregnancy allowance
You can request this support at six month period from the first day that you did not work. In that sense, you can two ways:Through form in the upper right corner of the “related documentation“; or in any Social Security helpdesk.Finally, if you have any doubts, you can: consult online the Practical Guide in the upper right corner of the “related documentation“;or contact services to explain your situation and clarify all questions. Also read: Prenatal Family Allowance: What is it and how to get this benefit
What are the duties and sanctions?
Above all, there are still duties to fulfill and sanctions that may be applied in case of non-compliance, so it is of the utmost importance to be well informed. Ie:
You must report to Social Security, within five working days, the facts that lead to the end of receiving the subsidieswith regard to changing conditions regarding: leave periods; absences; and unpaid layoffs provided for in the Labor Code, or equivalent periods.
will have to return the amount received and still pay a fine between €100 and €700whenever it does not comply with the above-mentioned dutieseither by: action or omission; or by the use of any fraudulent means that leads to the improper granting of the subsidy. Finally, in the upper right corner of the “related documentation” you can consult: several documents; and also the legislation related to this matter.nothere are other questions about the right to leave, absences or dismissals are within the scope of work, these can be clarified by the ACT – Authority for Working Conditions.