In Spain, the widow’s pension is, as a rule, compatible with income from work. In other words, a beneficiary who finds a job does not automatically lose the benefit because he starts earning a salary. But there are important nuances: the right to a pension remains, but the total amount received may change if there are income-dependent supplements or additions.
The issue was recently highlighted by the Spanish website, specializing in legal matters.
Even so, the legal basis is in the Boletín Oficial del Estado: article 223 of the Spanish General Social Security Law expressly provides for the compatibility of the widow’s pension with income from work.
What the law says in Spain
According to article 223.1 of the General Social Security Law (LGSS), the widow’s pension is compatible with any income from work, whether part-time or full-time. In practice, working does not, in itself, cause the pension to cease.
It is important, however, to distinguish between the pension and any components associated with income. Spanish Social Security itself explains that there are situations in which the pension percentage may be higher than the general rule (for example, up to 60% in certain cases and up to 70% when there are family burdens and a low level of income).
If the beneficiary starts to have income that makes them no longer meet these requirements, they may lose the increase and see the value drop, even if they maintain the pension.
The same reasoning applies to minimum supplements: they are mechanisms to guarantee a minimum level, but they depend on income limits and can be removed when these limits are exceeded.
The law also provides reasons for the termination of the pension. According to article 223.2 of the LGSS, the right ceases, as a general rule, when the beneficiary enters into a new marriage or establishes a new stable union, although there are exceptions provided for in the legal regime.
And in Portugal, how does it work?
In Portugal, the contributory equivalent of the Spanish widow’s pension is the survivor’s pension, regulated by Decree-Law no. 322/90, which establishes death benefits in the Social Security pension system.
As in Spain, the law does not provide that the simple fact of working and receiving a salary automatically causes the death pension to cease.
The relevant change is usually more linked to the family situation: under the Portuguese regime, new marriage or the establishment of a stable union can determine the termination of the right, as provided for in the diploma.
There is also another essential distinction: in Portugal there is also a benefit called “widow’s pension” in the non-contributory regime, intended for those who are widowed by a social pension recipient.
This benefit, unlike the survivor’s pension, is subject to means and income limits, meaning that working can directly influence the right to support.
Difference between working and changing marital status
In short, starting a professional activity and receiving a salary is, as a rule, compatible with the widow’s pension in Spain and the survivor’s pension in Portugal.
Changing marital status or stable union status may have consequences for the right to benefit, which is why it is important to confirm the applicable framework in each specific case with the competent authorities.
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