Incapacity and non-contributory pensions
You will understand the incapacity grades, who can qualify, and what safety-net pensions exist.
This topic covers what happens when illness or injury stops you working in Spain for good, or when you have too few contributions to get a regular pension. It explains the grades of permanent incapacity and how to claim, whether you can qualify as a newcomer, and what happens when long sick leave…
Pick the article that fits your situation
Permanent incapacity in Spain, the grades and what each pays
Spain's Social Security recognises four grades of permanent incapacity, from partial to gran invalidez. This page explains what each grade means and what each pays, for workers who are affiliated in Spain and are facing a long-term illness or injury.
How to apply for a permanent incapacity pension (incapacidad permanente)
How a permanent incapacity claim moves from application to medical examination to a written decision, and what to do if the decision goes against you or never arrives. For workers in Spain who cannot work because of illness or injury.
Can you qualify for permanent incapacity after a short time in Spain?
Shows whether a newcomer can get a Spanish permanent incapacity pension after only a short time working in Spain. It covers the contribution minimums, the registration requirement, the easier rules for accidents, and when years from other countries can be added.
From long sick leave to incapacity, what happens next
Explains what happens when ordinary sick leave reaches its time limit: the INSS decides whether you return to work, get an extension or move to permanent incapacity, and when your sick pay keeps going. For workers on long sick leave in Spain.
The non-contributory disability pension (pensión no contributiva) with no contributions
Explains who can claim Spain's non-contributory disability pension without having paid into social security: the residence, disability and income conditions, and which regional office handles the claim. For adults with a serious disability who live in Spain.
The non-contributory retirement pension for people with short careers
Explains who can get Spain's non-contributory retirement pension, the age, residence and income conditions, and where to apply. It is for people aged 65 or over who have not paid enough into the Spanish system for a regular pension.
About this topic
It is for anyone considering, planning or carrying out a move to Spain. These benefits depend on a medical evaluation and on contribution or residence thresholds, so the stakes are high. The pages help you understand the grades, see who can qualify and find out which safety-net pensions exist.
Start with "Permanent incapacity in Spain, the grades and what each pays". It sets out the grades, and the other pages build on it.
Disability certificates and concessions, Dependencia and temporary sick leave are covered elsewhere.
Key rules
- Disability degree: The non-contributory disability pension needs a recognised disability degree of at least 65%.
- Sick leave limit: Ordinary sick leave lasts up to 365 days, extendable by 180 days, for a maximum of 545 days.
- Decision time: The social security office has 135 days to decide a permanent incapacity claim, and silence after that counts as a refusal.
- Appeal deadline: After a refusal you have 30 days to file a reclamación previa, and then 30 days to go to court if it is rejected.
- Residence needed: The non-contributory disability pension needs 5 years living in Spain, 2 of them consecutive and immediately before applying.
- Partial: Partial incapacity pays a one-off lump sum, not a monthly pension.
Incapacity and non-contributory pensions: the whole process, step by step
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Sick leave runs its course: up to 365 days, extendable by 180 days, for a maximum of 545 days
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The INSS decides what happens at the end of the first 365 days: within 3 months of day 365: it can extend the leave, discharge you (alta médica) or start the incapacity process
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Start the incapacity claim: you can apply yourself, or the INSS or your mutua can start it; your employer cannot. There is no fixed deadline, but back payments cover only the 3 months before you apply
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Keep sick-leave pay while the INSS delays its classification: after 545 days, pay can continue until the decision, up to 730 days from the start of the leave
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Wait for the INSS decision: the INSS has 135 days to decide; in practice it often takes two to five months. See How to apply for a permanent incapacity pension (incapacidad permanente).
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Challenge a refusal with a reclamación previa: within 30 days of the decision or of the silence period ending; the INSS has 45 days to answer
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Go to court if it is refused again: within 30 days of the refusal or the silence
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If you have no contributions, apply for a non-contributory pension instead: at any point; apply to your regional social services office, or IMSERSO in Ceuta and Melilla, not the INSS
Documents you may need
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Non-contributory pension — How to apply for a permanent incapacity pension (incapacidad permanente)
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Permanent incapacity claim — How to apply for a permanent incapacity pension (incapacidad permanente)
Incapacity and non-contributory pensions: questions that cross several articles
How much does each grade of permanent incapacity pay?
Total incapacity pays 55% of your base reguladora (the average earnings figure used to calculate the pension), rising to 75% from age 55 if you struggle to find work. Absolute incapacity pays 100%, and gran invalidez pays 100% plus a carer supplement. Read "Permanent incapacity in Spain, the grades and what each pays" for the full detail.
What are the minimum and maximum monthly amounts of an incapacity pension?
The minimum and maximum amounts are set every year and depend on the grade, whether you have a dependent spouse and your age. Ask the Seguridad Social for the current figures. "Permanent incapacity in Spain, the grades and what each pays" explains how the pension is built.
Is there a deadline to apply for a permanent incapacity pension?
No, there is no fixed deadline to apply, but back payments cover only the 3 months before your application. Applying late means losing the earlier period. See "How to apply for a permanent incapacity pension (incapacidad permanente)" for the steps, and "From long sick leave to incapacity, what happens next" if you are still on leave.
Does the INSS handle non-contributory pensions too?
No, the INSS does not handle non-contributory pensions. Your regional social services department receives and manages them, and IMSERSO does so in Ceuta and Melilla. The Basque Country and Navarre have their own rules. Read "The non-contributory disability pension (pensión no contributiva) with no contributions" or "The non-contributory retirement pension for people with short careers" next.
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