Royal Decree 677/2023, of July 18, modifications in the CUME benefit

• BOE Publication: July 19, 2023
• Entry into force: July 20, 2023

Modifications are introduced in the CUME benefit and the necessary modifications are incorporated into the Royal Development Decree to adapt it to the changes that have already been introduced to art. 190 et seq. of the TRLGSS (which was modified by Royal Decree-Law 2/2023, of March 16).

The following most relevant aspects that have been modified will be summarized below:

A. Age of the minor.

B. Single-parent families.

C. Spouses or de facto partners of deceased persons over 18 years of age.

D. Annulment, separation, divorce, termination of common-law couples and victims of gender violence.

E. Modification of subsidy extensions.

A. Age of the minor

Arts are modified. 2 and 4 of the RD-CUME, to extend the age and circumstances that the deceased must meet so that the parent can access the benefit or continue maintaining it.

The most important changes are the following:

• Recognition of deceased persons between 18 years and 23 years. After reaching the age of 18, the benefit may be recognized until the deceased reaches the age of 23 in the event of suffering from cancer or a serious illness diagnosed before reaching the age of majority, provided that at the time of the application the requirements established in the previous sections are accredited, except for age.

• Ordinary maximum duration of up to 23 years. The financial benefit will be maintained up to 23 years when, upon reaching the age of majority, the cancer or serious illness, previously diagnosed, persists and the need for hospitalization, treatment and care during the period persists. same.

• Extraordinary maximum duration of up to 26 years. Likewise, the financial benefit will be maintained until the deceased turns 26 if before reaching 23 years of age he/she proves, in addition to the need for care required by the standard, a degree of disability equal to or greater than 65%.

The financial benefit will be maintaineduntil the age of 23 when, upon reaching the age of majority, the cancer or serious illness previously diagnosed persists, and the need for hospitalization, treatment and care during the same persists, under the terms and with the accreditation required in the sections previous.

However, after reaching the age of 18, the benefit may be recognized_until that the deceased reaches 23 years of age in the event of suffering from cancer or a serious illness diagnosed before reaching the age of majority, provided that at the time of the application the requirements established in the previous sections are accredited, except for age.

Likewise, the financial benefit will be maintained___until that the deceased reaches 26 years of age if, before reaching the age of 23, he/she accredits, in addition, a degree disability equal to or greater than 65 percent.

• Transitional provision. Workers who have received the subsidy and it has been terminated because the deceased turned 23 before April 1, 2023 may reapply for the benefit provided that the deceased proves a degree of disability equal to or greater than 65% before reaching said age and continuing to meet the rest of the requirements to access this right.

B. Single-parent families

Arts are modified.2 and 4 of Royal Decree 1148/2011, of July 29 (hereinafter RD-CUME), to allow access to these benefits to single-parent families.

It is included in the protected situation of the benefit in addition to the reduction in working hours carried out by parents, guardians for adoption purposes and permanent foster carers, when both work, that carried out by the parent who forms a single-parent family for the purpose of care provided for by the standard.

Consistently, it is required that, in the case of single-parent families, as well as when the person responsible for the direct, continuous and permanent care of the person affected by cancer or another serious illness is the spouse or common-law partner of the latter, it must be proven that the parent, guardian or host, or the spouse or common-law partner, is affiliated and registered in a public Social Security scheme.

For the purposes of the benefit for the care of children or persons subject to custody for the purposes of adoption or foster care on a permanent basis, minors under 18 years of age, affected by cancer or another serious illness, the reduction in the working day will be considered a protected situation, in accordance with the provisions of the third paragraph of article 37.6 of the consolidated text of the Law on the Statute of Workers, approved by Royal Legislative Decree 2/2015, of October 23, carried out by parents, guardians for adoption purposes and permanent foster parents, when both work, or when there is only one parent because they are single-parent families, for the care of the minor in their care affected by cancer or another serious illness included in the list that appears in the annex to this royal decree.

C. Spouses or de facto partners of deceased persons over 18 years of age

The sections are modified. 1 and 2 of article 4 of Royal Decree 1148/2011, of July 29 (hereinafter RD-CUME), to allow access to these CUME benefits to couples who could constitute the deceased who have reached the age of 18 and require direct, continuous and permanent care.

1. Beneficiaries of the subsidy for the care of minors affected by cancer or another serious illness will be workers, employed and self-employed and assimilated, regardless of their sex, who reduce their working day by at least 50 percent of its duration, provided that they meet the general condition of being affiliated and registered in some regime of the Social Security system and accredit the minimum contribution periods required in each case.

When, on reaching 18 years of age, the sick person contracts marriage or forms a de facto couple, whoever is his or her spouse or de facto partner will be entitled to the benefit as long as he or she proves the conditions to be a beneficiary. […]

2.Within each family unit, both parents, guardians or foster parents must prove that they are affiliated and registered with a public Social Security scheme or only one of them, if the other, due to the exercise of their professional activity, is compulsorily incorporated into the social security mutual society established by the corresponding professional association.

The requirement to be affiliated and registered will be understood to be met in those cases in which the parent, guardian or foster person of the minor, who is not a beneficiary of the benefit, has signed a Special Agreement in the Social Security System for carrying out their work activity in a country with which there is no international Social Security instrument.

In the case of single-parent families, as well as when the person in charge of the direct, continuous and permanent care of the person affected by cancer or another serious illness is the spouse or de facto partner of the latter, it must be proven that the parent, guardian or foster person, or the spouse or de facto partner, is affiliated and registered in some public Security regime Social.

D. Annulment, separation, divorce, termination of common-law couples and victims of gender violence

The general criterion to recognize and maintain the right to the subsidy is that both parents, caregivers or guardians are working. Therefore, the absence or loss of work of one of them would mean that the other spouse - or equivalent - would not be able to access the benefit or would lose any recognized right.

The experience of the years of validity of this benefit has shown that this requirement could mean a lack of protection in some family situations, such as separation, divorce, termination of a common-law relationship and victims of gender violence.

In order to provide a solution to these situations, arts have been modified. 4.4 and 5.3 of the RD-CUME, highlighting the following as the most important changes:

 1. Recognition of the right.

Access to the benefit, in the cases described above, is allowed to anyone who lives with the minor even if the other spouse - or equivalent - does not work.

“In cases of annulment, separation, divorce or termination of the de facto couple established under the terms of article 221 of the consolidated text of the General Social Security Law, approved by Royal Legislative Decree 8/2015, of October 30, as well as when it is proven to be victim of gender violence, the right will be recognized to the parent, guardian or foster person who lives with the sick person, even if the other does not work, as long as the rest of the required requirements are met.

If both parents, guardians or foster parents are entitled to the subsidy, this may be recognized in favor of the person determined by common agreement. In the absence of agreement and express judicial provision, the status of beneficiary of the subsidy will be attributed to the person to whom custody of the minor is granted and, if this is shared, to the person who requests it first.”

     2.Extinction.

In the cases analyzed, modifications have also been made so that the benefit is allowed to be maintained by those who live with the minor even if the other spouse - or equivalent - loses their job.

The subsidy will expire: […]

c)  When one of the parents, guardians or foster persons of the deceased, spouse or common-law partner ceases in his/her work activity, without prejudice to the fact that when this activity is resumed, a new subsidy may be recognized if the beneficiary can prove compliance with the required requirements and provided that the deceased continues to require direct, continuous and permanent care.

In the event of annulment, separation, divorce or termination of the de facto couple established under the terms of article 221 of the consolidated text of the General Social Security Law, as well as when it is proven to be victim of gender violence, in which the right to the subsidy has been recognized in favor of the parent, guardian or foster person who lives with the sick person, will only be extinguished when this parent, guardian or foster person who has the right to the subsidy ceases the employment relationship.

E. Modification of subsidy extensions

Sections 1 and 3 of art. 7 of the RD-CUME, so that now the extensions of the subsidy will be made with the following frequency [maximum]: 1 month (recognition), 2 months (1st extension) and 4 months (rest of extensions).

The subsidy will be recognized for a period of one month, initially extendable for a period of two months and subsequent four months, when the need for direct, continuous and permanent care subsists of the deceased, which will be accredited by means of a declaration from the doctor of the public health service or health administrative body of the corresponding autonomous community responsible for the medical care of the deceased and, at most, until this turns 23 years old or 26 years old if he/she accredits a degree of disability equal to or greater than 65 percent cent.

When the need for direct, continuous and permanent care of the deceased, as evidenced in the medical statement issued for this purpose, is less than two or, where applicable, four months, the subsidy will be recognized for the specific period stated in the report.»

This new periodicity, as established in the First Transitional Provision, will also apply to subsidies in force or pending recognition on the date of entry into force of the Royal Decree.

The regulation established in article 7.1 of Royal Decree 1148/2011, of July 29, regarding the extension of the right to subsidy for the care of minors affected by cancer or another serious illness, will also apply to subsidies already recognized that are being received on the date of entry into force of this royal decree and to those others that have been requested prior to said date and are pending resolution, provided that This is an estimate.