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 perpetrators between 18 years and 23 years. Turned 18 years old,The benefit may be recognized until the deceased reaches 23 years of age. in cases of suffering from cancer or 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 met, 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 remains during the same.

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

will remain the economic benefit 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 same persists, under the terms and with the accreditation required in the previous sections.

Nevertheless,after reaching the age of 18, it will be possible to recognize the benefit until that the deceased complies 23 years in cases of suffering from cancer or 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 met, except for age.

In addition,will remain the economic benefit until that the deceased complies 26 years old if before reaching 23 years old he/she proves, besides,a degree of 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 years old before April 1, 2023 They may reapply for the benefit as long as the deceased proves a degree of disability equal to or greater than 65% before reaching said age and the rest of the requirements to access this right continue to be met.

B. Single-parent families

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

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.

Accordingly, 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 their spouse or de facto partner,It must be proven that the parent, guardian or foster, or the spouse or de facto partner , is affiliated and registered with a public Social Security scheme.

For the purposes of the benefit for the care of children or people 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 that, in accordance with the provisions of the third paragraph of article 37.6 of the consolidated text of the Law of the Workers' Statute, approved by Royal Legislative Decree 2/2015, of October 23, is carried out by the persons, will be considered a protected situation. 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% 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,Once they reach 18 years of age, the sick person contracts marriage or forms a de facto couple, whoever is their spouse or de facto partner will be entitled to the benefit as long as they prove 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 of being 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 his or her spouse or de facto partner, 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 Social Security scheme..

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

The general criterion for recognizing and maintaining 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.

In the cases described above, anyone who lives with the minor is allowed to access the benefit even if the other spouse – or equivalent – ​​does not work.

“In cases of annulment, separation, divorce or termination of the de facto couple constituted in 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 welcoming who lives with the sick person, even if the other doesn't work, provided that 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 mutual agreement. In the absence of agreement and express judicial provision, the status of beneficiary of the subsidy will be attributed to the person who is granted custody of the minor and, if this is shared, to the person who requests it first.

     2.Extinction.

In the cases analyzed, modifications have also been made to allow those who live with the minor to maintain the benefit 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 or her work activity, without prejudice to the fact that when this is resumed, a new subsidy may be recognized if the beneficiary is accredited with compliance with the required requirements and provided that the deceased continues to require direct, continuous and permanent care.

In cases of annulment, separation, divorce or termination of the de facto couple constituted in the terms of article 221 of the consolidated text of the General Law of Social Security,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,It will only be extinguished when the parent, guardian or foster person who is entitled to the subsidy ceases to be in the employment relationship..

E. Modification of subsidy extensions

Sections 1 and 3 of art have been modified. 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 a month, initially extendable by a period of two months and successive four months, when the need for direct, continuous and permanent care of the deceased subsists, which will be accredited by a statement from the doctor of the public health service or health administrative body of the corresponding autonomous community responsible for the medical assistance of the deceased and, at most,until this turn 23 or 26 years old if you certify a degree of disability equal to or greater than 65 percent.

When the need for direct, continuous and permanent care of the deceased, as proven in the medical statement issued for this purpose, is less than two or, where appropriate, 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, with regard to the extension of the right to subsidy for caring for minors affected by cancer or another serious illness,It 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.