Orphan and relative pensions after a parent dies

Key rules

• Disabled child: A child with a disability of 33% or more has no age limit, if the disability existed before the age limit.
• Contributions: For death from common illness, the person who died needs 500 days of contributions in the previous five years; accidents and work causes have no minimum.
• Other relatives: Grandchildren, siblings and similar relatives must have lived with and depended on the person who died for at least two years.
• Cap: Family-member pensions plus any orphan or widow pensions cannot exceed 100% of the base reguladora.

Who can get an orphan pension

Children of the person who died, biological or adopted, can receive an orphan pension. The pension is 20% of the base reguladora and is paid until age 21, or up to 25 if the orphan's income is below the minimum wage.

Over 21, the child must also not work or earn more than the annual minimum wage for that year. Marriage ends the pension, as does losing any of the conditions above.

Disabled children

A child with a disability of 33% or more, or with incapacity for work, has no age limit. The disability must have existed before the age limit was reached. Income must stay below the annual minimum wage limit where the disability is below total incapacity levels.

What the person who died must have paid in

The person who died must have been registered with Social Security. If they were not already a pensioner or in active registration, death from common illness requires 500 days of contributions in the previous five years. Death from an accident or work-related cause has no minimum.

If both parents have died

An orphan who has lost both parents, or has no surviving parent entitled to a pension, can receive an increase on top of the 20%. The total can reach 52% of the base reguladora. Minimum amounts are set each year when pensions are revalued, so check the current minimum with Social Security.

Pension in favour of family members

Other relatives can claim a pension in favour of family members. This covers grandchildren, siblings, parents, grandparents and some other relatives, but not the spouse or children. You usually need all of these:

• You lived with the person who died, and depended on them, for at least two years before the death.
• You are not entitled to another public pension.
• You have no spouse or relatives obliged to support you.

Children and siblings over 45 must also be unmarried, widowed or divorced, have no other income, and have lived in the family home with the person who died. Mothers and grandmothers can qualify in some cases. The person who died must also have met the contribution requirements.

How much it pays

This pension is 20% of the base reguladora for each beneficiary. Together with any orphan or widow pensions, the total cannot exceed 100% of the base reguladora. A sole relative can receive an additional amount. For some relatives over 45 the percentage is 52%.

The conditions depend on the type of relative, so ask Social Security (INSS) about your case before you apply. The questions below cover common doubts.

Frequently asked questions

Can a disabled adult child still get an orphan pension?

Yes, a child with a disability of 33% or more, or incapacity for work, can get the pension at any age if the disability existed before the age limit.

Do both parents dying change the orphan pension amount?

Yes, an orphan of both parents, or with no surviving parent entitled to a pension, gets an increase on top of the basic 20%. The increase equals a widow's share, up to 52% in total. Minimum amounts are set each year in the pension revaluation decree.

Can a grandchild or sibling get a pension in favour of family members?

Yes, a grandchild, sibling, parent, grandparent or other relative can qualify if they lived with and depended on the person who died for at least two years before the death. They must have no other public pension and no spouse or relatives obliged to support them.

How much is the pension in favour of family members?

It is 20% of the base reguladora for each beneficiary. Together with any orphan or widow pensions, the total cannot exceed 100% of the base reguladora. A sole relative can get an additional amount, and some relatives over 45 get 52%.