Gobierno de España. Ministerio de Inclusión, Seguridad Social y Migraciones. Secretaría de Estado de la Seguridad Social y Pensiones - Dirección General de Ordenación de la Seguridad Social
Administración Presupuestaria

Benefits and requirements of nationality

The beneficiary concept considers both those directly suffering bodily harm or injuries and individuals that depended on the deceased party, in the event of death, as victims

Protection extends to victims in other countries resulting from violent and intentional crimes committed in Spain

1. BENEFICIARIES

The beneficiaries of aid provided for in Law 35/1995 may benefit from said aid as:

  • DIRECT VICTIMS: having suffered serious bodily harm or serious damage to their physical or mental health as a direct result of the crime.

  • INDIRECT VICTIMS: In terms of intentional crimes resulting in death, widow/widower aid may be provided as may, under certain circumstances, assistance with funeral costs, to:

  1. The spouse of the deceased party, unless they were legally separated, or the person permanently cohabiting with the deceased party with an affective relationship analogous to that of a spouse, regardless of sexual orientation, for at least the two years prior to his/her death, unless they have children together, in which case mere cohabitation shall suffice.

  2. The children of the deceased party that were economically dependent thereon, regardless of their affiliation or posthumous situation. Minors and disabled children shall be considered economically dependent on the deceased party.

  3. Children of the partner living with the deceased party, provided that they were economically dependent on the latter.

  4. In the absence of any of the aforementioned individuals, the parents of the deceased party, if they were economically dependent thereon.

When assessing the economic dependency of children and parents, the beneficiary's situation should be considered. This includes cases where the beneficiary was living with the deceased and was financially supported by them and had no personal income above certain limits set by regulations.

2. NATIONALITY REQUIREMENTS

The following direct victims are entitled to aid:

  • Spanish nationals or nationals of any other Member State of the European Union.

  • Those failing to meet the aforementioned requirements who regularly reside in Spain..

  • Nationals of another State who offer analogous aid to Spanish nationals in their territory, although they do not regularly reside in Spain.

  • Similarly, female nationals of any other country who are in Spain, regardless of their legal status, may also be eligible for assistance if the affected person is a victim of sexual violence as defined by the Organic Law on Comprehensive Sexual Freedom Protection, including victims of homicide resulting from a crime against sexual freedom, or a victim of gender-based violence as defined by Organic Law 1/2004, of 28 December, on comprehensive protection measures against Gender Violence.

In the event of death, nationality requirements shall be enforced in terms of indirect victims, regardless of the personal circumstances of the deceased party.