The entry into force of minimum living income it’s official now. The Government approved in the last Council of Ministers in May the implementation of this new benefit aimed at vulnerable households and this June 1 has come out published in the BOE.
It’s about aa non-contributory benefit whose amount will be between 426 and 1,015 euros per month, depending on the members of the family nucleus and their level of income and assets, and that will begin to be paid this month. The Executive has confirmed that it will automatically process about 100,000 benefits, corresponding to the most vulnerable households, while the other potential beneficiaries will have to request it in order to receive income.
Among the requirements to access this help are having between 23 and 65 years old, have been legally residing in Spain for at least one year and be in a vulnerable situation. “It will be appreciated that this requirement concurs when the monthly average of the set of income and computable annual income of the individual beneficiary person or of the group of members of the coexistence unit, corresponding to the previous year, is lower, at least by 10 euros, than the monthly amount of the income guaranteed with this benefit that corresponds depending on the modality and the number of members of the coexistence unit (for the year 2020, the annual amount of guaranteed income in the case of an individual beneficiary person amounts to 5,538 euros). For the purposes of this royal decree-law, social salaries, minimum insertion income or similar social assistance aid granted by the autonomous communities will not be counted as income “.
We review from the hand of the BOE how to request the minimum vital income, how to prove a situation of vulnerability and what obligations the recipients of this kind of guaranteed income have indefinite character:
How to apply for the minimum vital income
The deadline to initiate applications It will start in two weeks (next June 15). The BOE establishes that “the National Institute of Social Security will be competent for the recognition and control of the benefit” and that “the processing of the procedure will be carried out by telematic means”. And in article 24 of the regulations there are some additional details:
“The request will be made in the standardized model established for that purpose, accompanied by the necessary documentation to justify compliance with the requirements established in this royal decree-law and in its implementing regulations. Said request It will be presented, preferably, at the electronic headquarters of the Social Security or through those other telematic communication channels that the National Institute of Social Security has enabled to the effect “.
Access will also be allowed through the municipalities once the planned agreements are signed and at the Social Security Information and Attention Centers when they return to the public. To provide information to potential beneficiaries, a 900 telephone number and a simulator will be set up on the Social Security website, where questions may also be consulted through the virtual assistant. Further, The application must be signed by all members of the family unit of legal age.
Accreditation of requirements
This is the information that appears in the BOE:
1. The identity of both the applicants and those who form the unit of coexistence, will be accredited through the National identity document in the case of Spaniards or the family book or literal birth certificate, in the case of minors under 14 years of age who do not have a national identity document, and by means of the identity document of their country of origin or provenance, or the passport, in the case of foreign citizens.
2. Legal residence in Spain will be accredited by registering in the central registry of foreigners, in the case of nationals of the Member States of the European Union, European Economic Area or the Swiss Confederation, or with a family card of a Union citizen or residence authorization, in any of its forms, in the case of foreigners from other nationality.
3. The domicile in Spain will be credited with the certificate of registration.
4. The existence of the unit of coexistence will be accredited with the family book, certificate of the civil registry, registration in a register of common-law couples in the terms of article 221.2 of the consolidated text of the General Law of Social Security, and certificate of registration in the same home.
5. In no case will the applicant be required to accredit facts, data or circumstances that the Social Security Administration must know itself., such as the situation of the beneficiary in relation to the Social Security system; or the perception by the members of the coexistence unit of another economic benefit that appears in the Register of Public Social Benefits.
Responsible declaration in the absence of documentation
In the event that potential beneficiaries do not have the necessary documentation available to initiate the application, the BOE establishes the possibility of “Include the applicant’s responsible declaration stating that they are obliged to present them during the processing of the procedure. To prove the value of the patrimony, as well as the income and computable income for the purposes of the provisions of this royal decree-law, and the rental expenses, of the right holder and of the members of the coexistence unit, the holder of the minimum vital income and the members of the unit of coexistence will complete the responsible declaration that, for this purpose, will appear in the standardized application form “.
Obligations of the beneficiaries
The BOE establishes that “the holders of the minimum vital income will be subject during the time of receipt of the benefit to the following obligations:
a) Provide accurate documentation and information to prove the requirements and the preservation of the service, as well as to guarantee the receipt of notifications and communications.
b) Communicate any changes or situations that could give rise to the modification, suspension or termination of the provision, in the within 30 calendar days since these occur.
c) Refund the amount of benefits unduly received.
d) Notify Social Security in advance of the exits abroad of both the owner and the members of the coexistence unit, stating the foreseeable duration of the same. The departure abroad for a period not exceeding 15 calendar days for a single time each year will not be considered of stay or transfer of residence. The departure and stay abroad of any of the members of a coexistence unit for a period, continuous or not, of up to 90 calendar days at most during each calendar year, must be previously communicated and justified.
e) Present annually the declaration of the Personal Income Tax (IRPF).
f) If they are not working and are of legal age or emancipated minors, appear registered as job seekers, except in the cases that are determined by regulation.
g) In case of making the provision of the minimum vital income compatible with income from work or economic activity, meet the conditions established for accessing and maintaining said compatibility.
h) Participate in the inclusion strategies promoted by the Ministry of Inclusion, Social Security and Migrations.
i) Any other obligation that may be established by regulation.
In addition, the members of the coexistence unit will be obliged to:
a) Communicate the death of the owner.
b) To inform the administration of any fact that distorts the purpose of the provision granted.
c) Present annually the declaration of Personal Income Tax (IRPF).
d) Fulfill the obligations that the previous section imposes on the owner and this, whatever the reason, does not carry out.
e) Fulfill the obligations e, f, g and h referred to the holders of the presentation.
Updates and penalties for non-compliance
In general, Minimum vital income amounts will be reviewed every January 1, although the BOE establishes that the benefits pThey may be modified up or down if the situation of households changes.
In addition, it establishes penalties for non-compliance. According to article 34 of the regulations, there are three types of offenses: minor, serious and very serious. And they range from not providing documentation (slight) to not communicating changes in the family situation (for example, an improvement in the economic situation that would lead to a decrease in the amount to be received or falsifying documentation (which would be considered a very serious offense).
Sanctions range from temporary interruption in the collection of the benefit (for example three months if it is a minor offense) at total loss of right to collection of the minimum income (in the case of very serious offenses).
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