How to claim birth benefit from the INSS and when to apply

Terms used

• INSS — The INSS is Spain's national social security institute, which decides and pays birth benefit.
• Cl@ve — Cl@ve is a government electronic identity system for signing in to official websites.
• CAISS — A CAISS is an INSS service office where you can file claims and get information in person.
• Cita previa — A cita previa is an appointment you must book before visiting many Spanish public offices.

Key rules

• Late claims: A late claim is paid back only 3 months, and the right lapses after 5 years.
• Decision time: The INSS has 30 days to decide, and silence after that counts as a refusal.
• Payment: Payments come monthly in arrears, with back payments from the day your leave started.
• Mandatory weeks: Claim the 6 mandatory weeks right after the birth.

File as soon as your leave starts

Send your claim to the INSS, Spain's social security institute. You can file from the first day of your leave. Do not wait: the cost of waiting is set out under "What a late claim costs" below.

Claim the 6 mandatory weeks right after the birth. The timeline below shows when to tell your employer and when the voluntary weeks come in.

Choose how to file

• Online. Use the Seguridad Social electronic office. You need a digital certificate, Cl@ve or an electronic ID.
• In person. Go to a CAISS office (an INSS service point). You usually need a cita previa first.
• By phone. The INSS can take a claim by phone, but only by booking an appointment. Use the phone to get the appointment, not to file.

The form is the application for the birth and childcare benefit. The documents block below lists what to attach. The INSS may ask for extra papers in your case, so answer quickly if it contacts you.

Employees: ask your employer for the certificate

If you work for a company, it must supply a certificate of your pay and leave dates. Employers often send it electronically straight to the INSS. Ask for it early so your claim is not held up.

Self-employed: check your contributions

If you are self-employed, you must show your contributions are up to date. Fix any arrears before you file.

The other parent

If you are the other parent, add your declaration of how the leave is split between you.

What a late claim costs

You can claim from the start of the leave, but a late claim is paid back only 3 months, and the right lapses after 5 years. Anything due before that 3-month window is lost.

How long it takes and when you are paid

The INSS has 30 days from filing to decide. Many claims are granted within a few weeks, though times vary by province.

Once approved, you are paid monthly in arrears. The first payment includes back payments from the day your leave started.

If you hear nothing after 30 days, silence counts as a refusal. Contact your INSS office to ask where the claim stands and what to do next.

Timeline from pregnancy to return to work: when to act

• If your job puts you or the baby at risk, ask for the risk benefit: During pregnancy, as soon as a doctor of the Social Security confirms the risk

• Ask your company or your mutua (the insurer that covers work accidents) for a medical report on the risk, or the INSS if it manages your cover: Before you stop work because of the risk

• Get the company certificate on your job, its risks and the lack of alternative roles, then send everything to the mutua or INSS: After the medical report; the mutua or INSS then checks and grants the benefit

• Tell your employer about the birth and your leave start: Right after the birth, as the mandatory leave follows immediately

• Take the mandatory leave: The 6 weeks straight after the birth, full-time and without interruption

• File your INSS claim for the birth benefit: From the start of the leave, right after the birth; the INSS usually decides within 30 days

• Tell your employer how you will take the voluntary weeks: At least 15 days before, unless your company agreement says otherwise

• Take the 10 voluntary weeks, full-time or part-time by agreement with your employer: In full-week blocks from the end of the mandatory 6 weeks until the child turns 12 months

• Return to work: When your leave ends; your job is protected during the leave

Documents for a birth benefit claim

• ID: DNI, NIE or passport

• Birth certificate or libro de familia (the family book)

• INSS application form, filed online with a digital certificate or Cl@ve, or at an appointment

• Employees: company certificate of pay and leave dates, often sent electronically by the employer

• Bank account details for the payment

• Proof of the date your leave starts

• If you are the other parent: your declaration of how the leave is split

• Self-employed workers: proof that your contributions are up to date

• Enough contribution days for your age on the birth date: none if under 21; 90 days in the previous 7 years or 180 over your working life if 21 to 25; 180 days in the previous 7 years or 360 over your working life if over 26

• Birth abroad: the foreign birth certificate with an apostille (Hague Convention countries) or consular legalisation

• Birth abroad: an official Spanish translation by a sworn translator, unless it is a multilingual EU form

• Birth abroad: registration in the Spanish Civil Registry if you are a Spanish national, which the INSS often accepts as proof

Checklist

• Choose how to file: online through the Seguridad Social electronic office, or in person at a CAISS office.

• Book a cita previa (appointment) if you want to file in person.

• Gather your documents before you file, as listed in the documents block.

• File the claim as soon as your leave starts, and claim the 6 mandatory weeks right after the birth.

• Ask your employer to send the company certificate electronically if you are an employee.

• Look for the INSS decision within 30 days of filing.

• Check your bank account for monthly payments, which arrive in arrears with back payments from the leave start date.

Frequently asked questions

Can I claim the birth benefit by phone?

Yes, you can book an appointment by phone, but the claim itself is filed online or in person at a CAISS office. The CAISS is the INSS's walk-in service centre, and it usually asks for a prior appointment (cita previa).

What happens if the INSS does not answer within 30 days?

If the INSS stays silent after its 30-day deadline, that silence counts as a refusal. This rarely happens, because claims are usually resolved within a few weeks. If it does, ask your INSS office about your next step.

When does the money arrive after my claim is approved?

Payment is made monthly in arrears, so you are paid after each month of leave. If you claimed after your leave began, you receive back payments from the leave start date, within the limit for late claims.