COMPATIBILITY IN THEIR PERCEPTION
In accordance with article 5 of Law 35/1995, the aid is compatible with the public pensions received by its beneficiaries. In addition, it may be entitled simultaneously to:
- Temporary incapacity and permanent incapacity.
- Damage to mental health due to sexual or gender violence and support for temporary and/or permanent incapacity.
INCOMPATIBILITY IN THEIR PERCEPTION
However, article 5 of Act No. 35/1995 and article 19 of the implementing regulation stipulate that the receipt of aid shall be incompatible with:
- Compensation for damage and injury caused by the offence established by judgement. If, due to the partial insolvency of the person responsible for the crime, only part of the compensation fixed in the judgment is received, the aid may be paid in whole or in part, without - taking into account the part of compensation received - exceeding the amount fixed in the judicial decision.
- Compensation and financial support for private insurance: If the judgment establishes as compensation an amount greater than the amount received by the insurance, the total or partial payment of the aid shall be subject to the maximum limit of the account indicated in the judgment.
- Assistance for temporary incapacity with the corresponding subsidy for that situation in a public social security system.
In addition, the second additional provision of the Act states that the aid shall in no case be compatible with compensation for damage to victims of armed gangs and terrorist elements, which is recognized under its specific legislation.
In cases where the death of a minor or incapacitated person has led to death support and funeral expenses, parents or guardians who are entitled to death support may not receive funeral expenses (Article 6.1 of the Regulation).