Gobierno de España. Ministerio de Hacienda. Secretaría de Estado de Presupuestos y Gastos - Dirección General de Costes de Personal
Sello Excelencia EVAM 200-299, año 2018
Clases Pasivas

Disabled Veterans

  • Ley 35/1980, de 26 de junio, sobre pensiones a los mutilados excombatientes de la zona republicana (B.O.E. 10/7/1980)

1.- Causing subjects

Spanish veterans of the Republican area who being a permanent or circumstantial part of the Armies and Forces of Order Public of the Republic, suffered bodily injuries that permanently affect their physical or psychic integrity, or who are rendered similarly physically disabled due to diseases produced or aggravated while serving during the period comprised between 18 July 1936 and 1 April 1939, or caused during the captivity arising as a direct consequence of war actions in the same period.

Disabled veterans are classified as:

  • Disabled War veterans
  • Disabled veterans in act of service
  • Rendered disabled through service

In turn, the disabled war veterans and in act of service, according to the seriousness of the injury, are classified as absolute (more than 100 points), permanent (between 45 and 100 points) and useful (between 15 and 44 points).

The absolute and permanently disabled veterans are entitled to receive a basic compensation -due to their being veterans- and a disability pension -for the disability suffered-; and moreover entitle their relatives to a pension. However, useful disabled veterans are only afforded recognition of entitlement to a disability pension and the other disabled veterans by virtue of service have the right to receive basic compensation, although the latter also cause family pensions.

2.- Beneficiaries

  • The causing subjects.
  • Widowed spouses, ex-spouses or unmarried partners, orphans under 21 years of age or older, incapacitated for any work from before reaching that age or from the date of death of the deceased or parents of those suffering from injuries assessed as at least 45 points, provided that they meet the requirements and conditions established in the general Civil Service legislation applicable in each case.

3.- Amount of the Pensions

The amount of the pension will be different depending on whether the causing is regarded or not as a professional of the Armed Forces and Institutions.

3.1 If the causing subject was a professional.

A.In favor of causing subjects:

i) Basic Compensation: it is 100 per cent 100 of the salary and three-yearly bonus payments recognised pursuant to the provisions of the Royal Decree-Law 6/1978, of 6 March, or in Title I of Law 37/1984 of 22 October.

ii) Pension for Physical Disability: it will be calculated by applying the corresponding percentage according to the assessment of lesions out of 100 per cent of the salary of the recognised employment.

B. In favour of relatives:

Pensions in favour of relatives -widowhood, orphanhood and in favour of parents- will be calculated according to the General Passive Class Legislation in force on 31 December 1984, taking the basic compensation as regulatory base.

Nonetheless, the amount of widowhood pensions may not be less than that established as a minimum amount in the Social Security System for pensions for widowed persons aged over 65 years, which in 2020 is € 683,50  per month.

3.2 If the causing subject was not a professional.

A.In favor of causing subjects:

i) Basic Remuneration: This is fixed for each annual period in the corresponding National Budget Law. In 2020 the amount of basic allowance is €14.058,35  in the annual calculation (12 monthly payments) or €1.171,53   in the monthly calculation.

ii) Disablement pension:obtained by applying the relevant percentage, determined by the assessment of injuries, to a base amount, also set each year in the Laws of the State Budget. In 2020 , the base amount is 5.212,64 € calculated as an annual sum (12 monthly payments), and the sums of disablement pensions for disabled war veterans, according to injury score, are as follows:

Score Amount
Disablement of 15 to 25 points (10%): 43,44 €/month
Disablement of 26 to 44 points (25%): 108,60 €/month
Disablement of 45 to 65 points (20%): 86,88 €/month
Disablement of 66 to 74 points (30%): 130,32 €/month
Disablement of 75 to 100 points (40%): 173,75 €/month
Disablement of over 100 points (100%): 434,39 €/month

and the value of disablement pensions for those disabled in service, according to their injury score, is 90% of the amounts indicated for disabled war veterans.

B. In favour of relatives:

Since 1-1-1996, the National Budget Law has established as the sum of these pensions that the minimum Social Security pension for widowed persons for holders over 65 years of age, for 2020 is €683,50/month.

Since 1-1-2008, the pensions for orphans who are not disabled (no update since 1981) have been revalued in the same proportion as the rest of the state pensions; the amount set for 2020 is €159,70/month.