After two years of debate in Congress, a reform of the pension plan demanded by society in general has finally been achieved: the minor children of women victims of gender violence may receive an orphan's pension even if their mothers had not contributed.
In addition, the reform establishes a minimum amount of 600 euros, compared to the 140 euros that had been charging so far.
In Babies and more Children, silent victims of gender violenceWhat is the law proposal?
Congress has thus given the green light yesterday to a bill on equality that has lasted almost two years, following the revision of the Senate amendments.
It raises the amount that orphans will receive for gender-based violence and eliminates the requirements that caused many children not to be entitled to a pension.
As noted by the Anar Foundation, "Only so far this year, 8 minors have been orphaned because of sexist murders", so this measure is very necessary.
In Babies and more A policeman took care of three children, so that their mother could file a complaint for domestic violence The head of the legal department of the ANAR Telephone, Sonsoles Bartolomé, highlights three important elements of this reform:
That the amount of the pension to which the orphans were entitled is considerably increased.
That access to this pension is automatic and is disconnected from the need for contributions.
Its retroactive character.
Since when does it apply?
Since yesterday, February 21, when the Congress of Deputies launched the Proposal for a Law to improve the orphanhood situation of daughters and sons of victims of gender-based violence and other forms of violence against women, presented by the Socialist Parliamentary Group.
It also affects those who are not charging it because before they did not meet the required requirements, since It has retroactive effects to 2004.
Requirements to collect it?
The reform ends the conditions that the law contemplates to receive the pension and that links this right to the requirement that the mother had contributed 15 years or 500 days in an uninterrupted period of the five years preceding the murder, or that it was given registration in Social Security or in an assimilated situation, for example, in legal unemployment or leave of absence for childcare.
The orphan's pension will be extended to those cases in which there is no other parent, as occurs in the murders of gender violence within the couple or ex-partner when the murderer enters the prison.
Affected children they will receive it until they come of age or, in case they continue studying, up to 25 years.
What does the amount depend on?
The bill sets a minimum benefit of about 600 euros for the children of victims who had not contributed or did not meet the minimum requirements, instead of the current 140 euros, which, for ANAR, "They do not cover a vital minimum." Sonsoles Bartolomé explains the importance of this step since:
"Due to the profile of the victims, women subjected by their aggressor to situations of isolation were often outside the general contribution system, so that the orphans were left in a situation of serious lack of protection."
This increase is possible when the minor receives 52% of the regulatory base to 70% of the mother's contribution base.
In case the woman had not contributed, that 70% will be calculated based on the current minimum wage.
According to El Diario, this point is the one that has raised the most controversy since the groups Unidos Podemos, En Comu Podem and En Marea have criticized the fact that children charge less than the children of women who have contributed and insist that "Pensions that depend on what the mother has received are not a reparation from the State, but a handout. What is the fault of the child that her mother was a clerk or supermarket cashier?"
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