Paternity supplement in pensions: requirements to obtain it
In this post, we explain how to apply for the paternity supplement and its key details.
If you are a father and already retired or receiving a contributory pension, you may be entitled to the paternity supplement in pensions, an economic benefit that can increase your monthly payment. Although initially this supplement was exclusively intended for mothers, a series of judicial rulings allowed fathers to request it as well.
In this guide, we explain what the paternity supplement is, who can apply for it, how it is calculated, and the steps to claim it. If you think you may benefit from this right, keep reading and discover how to easily increase your pension.
What is the paternity supplement in pensions?
The paternity supplement for retirees and other beneficiaries of contributory pensions is an additional economic incentive intended for fathers with children, whether biological or adopted.
Who can apply for the paternity supplement?
The so-called paternity supplement received this name after the courts ruled that fathers could also access the maternity supplement, which was in effect between January 1, 2016, and February 3, 2021. Initially, this benefit was exclusively intended for mothers with two or more children at the time of accessing their pension, regardless of their age. However, it only applied to retirement, permanent disability, or widow’s pensions.
After a legal battle between 2019 and 2022, men can also request this supplement, as long as they meet the requirements established in the original maternity supplement regulations. That is, they must:
🔸 Have had two or more children.
🔸 Have accessed a contributory retirement, permanent disability, or widow’s pension between January 1, 2016, and February 3, 2021.
Only fathers who are already retired, between January 1, 2016, and February 3, 2021, can apply for this supplement and it does not apply to voluntary early retirement pensions or partial retirement pensions.
How to apply for the paternity supplement step by step
Once it is verified that the requirements for accessing the paternity supplement are met, the next step is to submit the application to the National Institute of Social Security (INSS) through an administrative procedure. What steps should be followed?
- Submit a formal application, as there is currently no official form for this supplement. It is essential that the document is written clearly and in detail, including all relevant information to support the request.
- Attach the corresponding documentation, including the applicant’s ID, the other parent’s ID, and the family book as proof of parenthood.
- After 30 working days from the initial application, a new application, called a prior claim, can be submitted. The managing entity has 45 working days to respond to the prior claim. If no response is received after that period, the application is considered denied, and from that moment, a judicial claim can be filed in the social jurisdiction.
Calculation of the paternity supplement
The exact amount of the paternity supplement varies depending on the number of children and the amount of the beneficiary’s pension. To calculate it, one of the following percentages is applied to the pension amount:
🔹 5% for those with 2 children.
🔹 10% for those with 3 children.
🔹 15% for those with 4 or more children.
This percentage is directly added to the corresponding contributory pension, thereby increasing the total amount received by the beneficiary.
Can the right to the paternity supplement be lost?
It is important to note that the right to the paternity supplement does not expire, as it is not considered a specific benefit but an accessory supplement to the retirement pension, because its legal nature is the same as that of the pension, and the right to pensions does not expire.
✅ Want to know more about the paternity supplement in pensions?
If you think you may benefit from the paternity supplement in pensions but are unsure where to start or have doubts about the process, at Adlanter we can help.
Our Madrid team specializes in labor advisory: we can analyze your case and guide you through every step of the procedure, ensuring that you receive what you are entitled to.
📲 Contact our professionals and let our expert team handle everything for you.