Benefits due to unemployment Unemployment allowance Unemployment protection

JANUARY - 2016

Catalogue of publications of the National Civil Service http://publicacionesoficiales.boe.es Published by the Spanish Public Employment Service Condesa de Venadito, 9. 28027 - Madrid NIPO 274 - 16 - 032- X This information is for guidance purposes only

C O N T E N T S • The Unemployment allowance. * * * * * * *

General requirements. Submission, documentation and processing of the application. Amount. Payment. No income. Family responsibilities. Allowances you may be entitled to.

• Workers who have used up their contributory unemployment benefits and have family responsibilities.

• Workers over 45 years old who have used up the contributory unemployment benefit and do not have family responsibilities.

• Returned emigrant workers. • Workers who, at the time of becoming legally unemployed, do have not the minimum period of contributions to qualify for a contributory benefit.

• Those released from prison.

4 4 4 6 6 7 8 9 10 12 13 15 17

• 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.

20

• Unemployment allowance for workers older than 55 years of age.

22

• Workers' obligations.

26

• Compatibility and incompatibility.

27

• Offences and penalties.

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Spanish 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), excluding 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

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Unemployment allowances.

CONTENTS

Spanish Public Employment Service

registration and application had been made in time and in the correct manner, and the date when the application was actually made. 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 responsibilities and bank details.

For identification

• Spanish citizens: National ID card (DNI). • Foreigners resident in Spain: *

EU citizens: Foreigner Resident Identity card (TIE) or Foreigner Resident Identity Number with a passport.

*

Non-EU citizens: Foreigner 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 event that you do not qualify for the allowance as you do not have family responsibilities or you have income in excess of the set amounts, you may be able to qualify for it if, before one year has passed from the date the contributory benefit was used up, you apply for it and provide proof that you do not have income in excess of 75% of the Minimum Wage, excluding the proportional part of two extraordinary payments and you have family responsibilities.

Unemployment allowances.

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Spanish Public Employment Service

Amount 80% of the Public Income Index (IPREM), valid at the time. If you lose a part-time job, the allowance will be paid in proportion to the hours previously worked in the last contract. While receiving the unemployment allowance for workers over 55 years old, the managing body (SEPE or the Social Marine Institute) will make the relevant Social Security retirement contributions. In the case of intermittent permanent workers, if they are under 55 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. If the workers are over 55 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. In order to determine the contributions for the scenarios mentioned in the paragraphs above, the lower contribution limit in force at any time will be taken as the contribution basis.

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.

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Unemployment allowances.

CONTENTS

Spanish 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.

CONTENTS

Unemployment allowances.

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Spanish Public Employment Service

• The recipient's unemployment benefits. • The amount corresponding to legal compensation that, in each case, comes from the termination of an employment 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 addition 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 Minimum Wage, 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 Minimum Wage, excluding the proportional part of two extra payments, will not be considered dependent. 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. 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.

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Unemployment allowances.

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Spanish Public Employment Service

Allowances you may be entitled to a.

Workers who have used up their contributory unemployment benefits and have family responsibilities.

b.

Workers

c.

Returned emigrant workers.

d.

Workers

e.

Those released from prison.

f.

who have used up their contributory unemployment benefits, are over

this happens and do not have any family responsibilities.

years old on the date

who, at the time of becoming legally unemployed, do have not the minimum period of contribu-

tions to qualify for a contributory benefit.

Workers provement

declared fully able or who have lost the status of disability pension recipients due to an im-

profession. g.

45

in

the

condition

of

serious

disability,

absolute

or

total

permanent

disability

for

their

usual

Unemployment allowance for workers older than 55 years of age.

CONTENTS

Unemployment allowances.

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Spanish 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 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 (see page 8).

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 and Public Administrations 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.

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Unemployment allowances.

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Spanish 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 number 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 allowances.

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Spanish 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 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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Unemployment allowances.

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Spanish Public Employment Service

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 with which there is no agreement on unemployment protection. At present, the territories that have an unemployment agreement with Spain are Switzerland and Australia.

• You must not be entitled to contributory unemployment benefit due 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.

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.

CONTENTS

Unemployment allowances.

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Spanish Public Employment Service

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.

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Unemployment allowances.

Spanish 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).

• Where the worker has family responsibilities (see page 8).

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 and Public Administrations 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.

CONTENTS

Unemployment allowances.

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Spanish 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 the 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.

Processing The application must be made by the applicant within fifteen working days from the date when legal unemployment starts.

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Unemployment allowances.

Spanish 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-mentioned 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 article 87 of the Penal Code.

• In the case of those released from prison who were sentenced for offences relating to terrorist groups and

organisations and offences of terrorism, or offences committed as part of a criminal group or organisation, the Prison Administration must certify that, in addition to the requirements set forth in the Penal Code and settlement of their civil liability with present and future income and assets, they have shown clear signs of having renounced terrorist aims and methods. They must also have actively cooperated with the authorities to prevent other offences from being committed by the armed gang, terrorist group or organisation, to mitigate the effects of their offence, to help in the identification, capture and trial of those responsible for terrorist offences, to obtain proof or to prevent the actions or development of the organisations or associations they have been part of or have cooperated with.

• If they were sentenced for offences of abuse or sexual assault of minors under the age of 13 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 two points or for a different offence.

CONTENTS

Unemployment allowances.

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Spanish Public Employment Service

• 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.

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:

a. Offences relating to terrorist organisations and groups and offences of terrorism. b. Offences committed as part of a criminal organisation or group. c. Offences of abuse and sexual assualt of minors under the age of thirteen. d. 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 letters a) or b), an express declaration that they repudiate their criminal activities and have renounced violence, specifically asking the victims of their offence for forgiveness, technical reports certifying that the prisoner has actually disassociated themselves from the terrorist organisation and the activities of illegal associations and groups surrounding it and certifying their cooperation with the authorities. If the person was sentenced for the offences in letters c) or d), 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.

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Unemployment allowances.

Spanish Public Employment Service

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 allowances.

19

Spanish 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.

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Unemployment allowances.

CONTENTS

Spanish 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 allowances.

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Spanish Public Employment Service

unemployment allowance for workers over 55 years of age

Specific requirements

• Being at least 55 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 reaching 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, is not entitled to contributory unemployment benefit as a result of contributions accumulated in the six months prior to leaving Spain, and has 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 has 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. • Even where the applicant’s income does not exceed 75% of the Minimum Wage, the no-income require-

ment will only be considered to have been met when the sum of the income of all members of the family unit (spouse and/or children under 26 years old, or over 26 with a disability or fostered minors) including the applicant, divided by the number of members in the family unit does not exceed 75% of the Minimum Wage, excluding the proportional part of two extra payments.

22

Unemployment allowances.

CONTENTS

Spanish Public Employment Service

• 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 contributed for unemployment for a minimum of six years throughout your working life. • You must meet all the requirements, except that of age, for claiming a contributory retirement pension from the Spanish Social Security System.

• 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 and/or family responsibilities requirement.

This allowance is not applicable to intermittent permanent workers while they remain in this situation.

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 and Public Administrations 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. Unemployment allowances.

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Spanish Public Employment Service

Duration Until the worker reaches retirement age in any of its forms.

Processing The applicant must make their application within 15 working days after completing the one-month waiting period in the case of having used up their contributory benefit, having reached the age of 55 years old at that time. Within 15 working days after the last day at work. In the event that the company paid for your holidays as you could not use them prior to the job ending, the 15-day period starts from the end of the paid holiday period. The applicant must make their application within 15 working days after using up their unemployment allowance if they have reached the age of 55 years old at that time. If they are receiving another allowance and turn 55 during this time, they may apply for the allowance for the over 55s from the date they reach this age. The documentation that must be submitted will depend on the situation through which the person qualifies for this allowance (see pages 5, 10, 13, 15, 18, 20 and 23). 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 must be submitted to the Public Employment Service Office within 15 working days every time one year or multiple of a 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 meet the no-income or family responsibilities requirement, they may qualify for the allowance for the over-55s if they meet these requirements and are at least 55 years old before one year passes from the date the event leading to the situation occurred.

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Unemployment allowances.

Spanish Public Employment Service

Workers who receive the allowance for the over-55s can sign a Special Agreement through the Provincial Offices of the General Treasury of the Social Security to supplement the retirement contributions made by the Spanish Public Employment Service. The unemployment Allowance for workers over 55 years old will take priority over the payment of any other allowance.

Unemployment allowances.

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Spanish Public Employment Service

WORKERS' OBLIGATIONS The following are workers' obligations:

• Providing the documentation and information necessary for the granting, suspension, cancellation or re-

newal 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 address provided for notification purposes as soon as this occurs.

• If you are unsure you will receive mail sent to the address, you should also provide the SPEs and SEPE with an email address.

• 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 competent 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 suspended 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 registration 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.

• Returning any unduly collected allowance.

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Unemployment allowances.

CONTENTS

Spanish 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 entrepreneurs, 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 obtained 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

dedication 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 Minimum Wage, excluding the proportional part of two extraordinary payments.

CONTENTS

Unemployment allowances.

27

Spanish 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 fulltime 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 employment.

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Unemployment allowances.

Spanish 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 renew the employment claim in the form and deadline set by the Managing Body in the claim renewal document, 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 cancellation of the entitlement to the allowance.

CONTENTS

Unemployment allowances.

29

Spanish Public Employment Service

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.

• 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 cancellation 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 Minimum Wage, 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. 30

Unemployment allowances.

Spanish Public Employment Service

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.

Unemployment allowances.

31

For more information: Spanish Public Employment Service

www.sepe.es 901 119 999

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