Minimum vital income: requirements, application and doubts about the benefit - the right - Coronavirus, social | Inquiries | E-Consulting.es Abogados & Gestores
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The Minimum Life Income is a non-contributory Social Security benefit that guarantees a minimum income for those who lack it. It is defined as a subjective right of citizenship and will be received as long as the access requirements are met. In the following interview, the technical staff of the Ministry of Inclusion, Social Security and Migration answers the main questions about this aid approved in the health crisis by Covid-19.

Q: The Ministry's website explains what a coexistence unit is. Specifically, the one that is made up of people who live together, united by family bond or as a domestic partner, up to the second degree of consanguinity or affinity, or adoption, keeps for the purposes of adoption or permanent foster care. However, the greatest number of queries received refer to the criterion for considering the coexistence unit.

In which cases, the fact that a family unit lives with the parents is exclusive to receive the minimum income? When it comes to single-parent families, if they live with parents, is this exclusive for granting access to the minimum vital income? And if it is other family members (nephews, uncles) living with the family unit, would it be exclusive for the IMV? In which cases, the fact that a family unit lives with the parents is exclusive to receive the minimum income?

A: Living with parents is not a reason for exclusion from IMV, it will simply be considered that all together constitute a single unit of coexistence in which all people united by ties to the second degree by consanguinity or affinity will be included. And if they meet the requirements that are required to apply for IMV (fundamentally if everyone's computable income falls below the thresholds corresponding to the living unit resulting from considering everyone together as a single living unit) they will be able to do so. If there are other people in the same home who are not part of that coexistence unit (for example, not linked to the rest by links such as those described, such as nephews or uncles) and who meet the requirements for access to the IMV, they may also request it , taking into account that in the same house there can be a maximum of two holders of the IMV.

Q: When it comes to single-parent families, if you live with parents, is this exclusive for granting access to the minimum vital income?

A: No, the answer is the same as in the previous case. The only consequence that, for example, a mother with a minor child also lives with her parents (the child's grandparents) is that the single parent supplement will not be applicable, since the unit of coexistence formed by a single adult with minors, that adult being the sole breadwinner of the coexistence unit.

Q: And if it is other family members (nephews, uncles) who live with the family unit, would it be exclusive for the IMV?

A: Neither. Living with relatives beyond the second degree is not a reason for exclusion from IMV. In the case of relatives with blood relations or affinity from the third degree, who live in the same home, they may also request the IMV as an independent coexistence unit if they meet the requirements. It should be borne in mind that there can be a maximum of two IMV holders in the same home.

Q: Among the doubts raised, we highlight that there are readers who tell us that if, due to receiving other aid such as family benefits, they do not need to carry out any procedure and will receive the aid automatically as if it were a supplement. To solve the doubt, can you clarify the difference between family benefits and minimum vital income by referring to the procedures of minimum vital income?

A: The Child Benefit Benefit without Disability or Disability less than 33% is a non-contributory Social Security benefit that is intended for families with minor children with low income. Therefore, it was foreseeable that many of its beneficiaries would also fulfill the requirements of the IMV and could be interested in requesting it. In those cases in which Social Security has been able to verify the requirements, a provisional reconversion has been made, which will be definitive if the beneficiaries do not oppose it. If they are not interested, they will continue to receive the Dependent Child Benefit as before.

This does not mean that only those converted by Social Security are entitled. There may be other recipients of the child benefit who also meet the requirements of the IMV, but for which Social Security did not have sufficient information to determine it ex officio. In these cases, those households will have to request the IMV themselves and prove the requirements from June 15 through the channels enabled for this purpose. If the IMV is granted, the Dependent Child Benefit will be withdrawn, because they are two incompatible benefits, but their amount will not be computed as income in the income test that is done to determine if the household income is below the income guaranteed by the IMV and, therefore, you are entitled to it.

Finally, it is necessary to clarify that the Allowance for dependent child with a disability of 33% or more is compatible with the IMV, and therefore its recipients will continue to receive it without any change. If they also believe that they meet the requirements for IMV, they can request it, taking into account that the amount of the benefit counts as computable income to determine the starting household income to be taken into account.

Q: Another question to solve is on the payment date. If the management is carried out on June 15, on what date is the income received? The IMV will be charged monthly in 12 payments. How long will it be in effect? At what point will it stop being perceived? If the single-parent unit is in an ERTE situation and it is temporarily suspended, does IMV stop being perceived immediately?

A: For those who do not receive it automatically during the month of June, the application period is open on June 15. However, the payment of the aid will have retroactive effect from June 1 for the benefits requested before September 15, and the payment will be monthly. The Administration's response time is three months maximum. IMV is a subjective right. Therefore, the right to the benefit will be maintained as long as the circumstances that motivated its granting subsist. The ERTE situation is not related to the perception of IMV.

 

 

Q: In the requirements they indicate that the IMV will receive "any person with an income lower than the income guaranteed by the Minimum Vital Income and an equity less than the maximum established, may be a beneficiary of the IMV". Can you specify what is the guaranteed income for the Minimum Vital Income and the maximum established in terms of wealth?

A: The IMV will complete the difference between the existing income in the home and the guaranteed income. The guaranteed income ranges from 5,538 euros per year for a household made up of an adult only to 12,184 euros in the cases of coexistence units made up of 5 people or more within the types specified in the annex to the standard. Maximum equity thresholds are also established depending on the type of home. Its value, without taking into account the habitual residence, must be less than 3 times the annual guaranteed income for a one-person household, with a scale of increases per household, which set the maximum at 43,296 euros for larger households.

Q: Among the queries, we highlight the doubts regarding the ages of the beneficiaries. Can you tell us if age is an exclusive criterion? And regarding exclusionary criteria, what happens with the collection of non-contributory pensions? What happens to early retirement pensions? And with disability pensions? And in the case of receiving study scholarships for both Spanish and foreign students?

A: The applicant must be over 23 and under 65, unless they have dependent children. Likewise, people over 65 can request IMV if they have disabled people in their care and there are no other adults in the home. But these age requirements affect only the applicant; Within a coexistence unit there may also be beneficiaries over 65 and, of course, under 23. All household income is added to calculate the guaranteed income, although there are exceptions such as the Minimum Income of the CCAA, public scholarships , bonuses made by the Spanish State, some public aid, severance pay, single-payment unemployment benefits, which do not count for the calculation of the income of the cohabitation unit.

Q: In the event that the family is a beneficiary of the economic allowance for dependent minors, Social Security will automatically grant the IMV to the families that benefit from said benefit, as long as they meet the requirements established in the Law. specify in these cases when the requirements are not being met?

A: The access requirements are as follows:

  • beneficiary of the economic allowance for a dependent child or minor with no disability or less than 33 percent disability.Be a
  • Being part of a cohabitation unit made up exclusively of the beneficiary of an economic allowance for a dependent child or minor with no disability or less than 33 percent disability, the other parent in the event of cohabitation, and the dependent children or minors said allowance for dependent child.
  • The coexistence unit referred to in the previous section is found to be in a situation of economic vulnerability due to lack of assets, income or sufficient income, in the terms established in article 8 of the royal decree-law.
  • That the economic allocation that is received, or the sum of all of them in the event that there are several allocations, is less than the amount of the minimum vital income benefit.

In any case, the fact that the communication is not received that Social Security has automatically converted its benefit for dependent child without disability into IMV does not necessarily mean that the requirements to be beneficiaries of IMV are not met, but simply that the Security Social did not have all the necessary information to verify it. Therefore, whoever receives the dependent child benefit and does not receive the communication during the month of June can proceed to request the IMV himself if he believes that he meets the requirements.

Q: The questions raised on www.elderecho.com refer to the way of requesting. It will be from June 15, however, in case it cannot be done electronically, will it be in person throughout Spain despite the state of alarm? Have you enabled any help phone number / s? If it can be done electronically, what documentation should they provide? And in the event that they cannot make this telematic or face-to-face presentation, have you foreseen alternatives? What is the deadline to submit the application? Can they present it at the beginning and end of the term without problem since there is a retroactive nature of the payment?

A: The request will be multi-channel. At the moment the Social Security website offers all the information. A free telephone number has been set up 900 20 22 22 and a simulator where you can check if the requirements for receiving income are met. A virtual assistant that appears in the bottom right of the Social Security home will also help.

For all the most vulnerable groups and those who have difficulties in obtaining information electronically, the organizations that make up the third sector, as well as the municipalities, will collaborate in the request.

Applications can be submitted from June 15. In addition, for all applications submitted in the three months following that date, the right to benefit will be recognized from June 1. For subsequent applications, the economic effects will be from the first day of the month following that of the application. There is no application deadline. You can start asking from June 15 and as it is a permanent Social Security benefit, there is no end to that period. It will always be open.

Q: Is there any difference in the IMV in the case of single-parent families - a single adult with one or more minor children with whom they live, or one or more minors in permanent foster care or guardianship for the purposes of adoption in their care? - and the father or mother is the sole breadwinner of the coexistence unit?

A: The single-parent supplement applies to the single-parent cohabitation unit, which is defined as that consisting of a single adult with one or more minor children with whom he or she lives, or one or more minors in permanent foster care or guardianship for purposes of adoption to its charge, when it constitutes the sole breadwinner of the coexistence unit. It is necessary for minors to be registered at the same address as the parent, guardian or person hosting them, so that they are considered to form a single-parent coexistence unit.

Q: What if the beneficiary of the IMV credits rental expenses of the habitual residence higher than 10% of the corresponding guaranteed rent, in its annual amount, does this mean an increase in the amount received?

A: We are aware that housing expenses represent a high percentage of the fixed expenses of families and that is why we have planned to increase the amounts of guaranteed rent for those families who spend more than 10% of the guaranteed rent on rent. which in principle corresponds to the type of home to which it belongs, as would be the case. This increase will be determined in the regulations that we are going to approve shortly.

Q: In the event that the same children or minors or older persons legally incapacitated are part of different family units in cases of joint custody established judicially, how does the amount of the minimum vital income vary and who of the two parents will be the beneficiary?

In principle and pending further regulatory development, in cases of joint custody, children will count in the home in which they are registered.

The other parent, if she meets access requirements, may also request the IMV but as a household made up of only one person, or, as the case may be, as a cohabitation unit, but not including her children.

Q: As requirements, foreign citizens are required to have legal and effective residence in Spain and to have had it continuously and uninterruptedly for at least the year immediately prior to the filing date of the application. It will be understood that a person has his habitual residence in Spain even if he has stays abroad, as long as they do not exceed 90 calendar days throughout each calendar year, or when the absence of Spanish territory is motivated by duly justified causes of illness. How are you going to control this situation? Will there be any type of collaboration or will this be a unique management from INSS? Regarding the Autonomous Communities, what is the difference with Navarra and the Basque Country and the rest of the Autonomous Communities? In 2021 will there be a new revision of requirements for the entry of the IMV?

A: The National Social Security Institute will verify compliance with the requirements and obligations of the person and other persons who make up the coexistence unit. Exits abroad must be reported to the managing body, which is the INSS at this time.

Navarra and the Basque Country demonstrate a specificity that is the existence of regional haciendas, therefore, these autonomous communities will assume, with reference to their territorial scope, the corresponding functions and services that in this royal decree-law are attributed to the National Institute of Social Security in relationship with the non-contributory economic benefit from Social Security of the minimum vital income under the terms agreed upon before October 31, 2020.

Likewise, the norm also indicates that all public administrations will cooperate in the execution of the supervisory functions necessary to guarantee the minimum vital income. And in line with this, the fourth additional provision contemplates the study by the Government of the conclusion of agreements with autonomous communities that include formulas for the management of the provision. Therefore, in the future it is possible that the communication of the exits abroad can be made to other organisms different from the INSS.

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