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

Pensiones y Prestaciones

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 the aid provided for in Act No. 35/1995 may do so in their capacity as:

  • DIRECT VICTIMS: those who suffer serious bodily injury or serious damage to their physical or mental health as a direct result of the crime.

  • INDIRECT VICTIMS: For wilful crimes resulting in death, the following are entitled to death grants:

  1. The spouse of the deceased, if not legally separated, or the person who had been living with the deceased permanently with a relationship of affectivity similar to that of the spouse, regardless of his or her sexual orientation, for at least two years prior to the time of his or her death, unless they had common descendants, in which case cohabitation alone will suffice.

  2. The children of the deceased who were financially dependent on him, regardless of their filiation or posthumous status. Children under the age of 18 and older who are incapacitated shall be presumed economically dependent on the deceased.

  3. The children of the spouse or of the person living with the deceased, provided that they are financially dependent on the deceased.

  4. In the absence of the previous persons, the parents of the deceased person, if they were financially dependent on him.

The economic dependence of the children and, where appropriate, of the parents will be assessed when the beneficiary comes to live with the deceased and at the expense of the deceased and has no income of its own beyond certain limits established by regulations.

  • In the case of assistance for funeral expenses, the parents or guardians of the disabled minor or minor who dies as a direct result of the crime shall be beneficiaries as indirect victims.

2. NATIONALITY REQUIREMENTS

Assistance may be granted to direct victims:

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

  • Those who do not meet the above requirements are habitually resident in Spain.

  • Nationals of another State who grant similar aid to Spaniards in its territory, even if they do not habitually reside in Spain.

  • Assistance may also be granted to women nationals of any other State in Spain, regardless of their administrative situation, if the victim is a victim of sexual violence within the meaning of the Organic Law on the Comprehensive Guarantee of Sexual Freedom, including victims of homicide following a crime against sexual freedom, or a victim of gender-based violence within the meaning of Organic Law 1/2004 of 28 December on comprehensive protection measures against gender-based violence.

In cases of death, nationality requirements will be required for indirect victims, regardless of the personal status of the deceased