How to get care benefits in Spain with success?

Since 2007, people in need of care have been entitled to long-term care benefits in Spain under certain conditions.

The public care system in Spain includes a number of benefits intended to improve the living conditions of citizens.

But when are people considered to be in need of care in Spain, who is entitled to care benefits and what types are available?

What is the procedure for recognising the need for care and the corresponding benefits?

Read on to find out everything essential about long-term care in Spain.

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What does the Spanish care system consist of?

Since the so-called Care Act (‘Ley de Dependencia’) came into force in Spain, there has been a public protection system for people in need of care (‘personas dependientes’).

This system for autonomy and assistance with dependency (“Sistema para la Autonomía y Atención a la Dependencia” – SAAD for short) is a combination of benefits in kind and financial assistance aimed at promoting the personal autonomy, assistance and protection of people in need of care through public and subsidised private services.

State regulation lays down the basic principles, but all the details of the procedure are governed by the regulations of the individual Autonomous Communities to which the powers in the field of care have been delegated.

Benefits in kind are provided as part of the public offer of the social services network by the respective Autonomous Communities through duly authorised public or subsidised private centres and services.

There are significant inequalities between the regions, both in terms of coverage and models for the management of long-term care services.

What is meant by ‘autonomy’?

Personal autonomy is legally defined as the ability to control, cope and make personal decisions on one’s own initiative about how to live and carry out the basic activities of daily life in accordance with the rules and one’s own preferences. Art. 2.1 Ley 39/2006

What is ‘dependency’?

Dependency or need for care (‘dependencia’) is the permanent condition of people who, for various reasons (age, illness, disability, etc.), have lost all or part of their physical, mental, intellectual or sensory autonomy and are dependent on the help of another person or other support for their personal autonomy in the basic activities of daily living.

What are ‘basic activities of daily living’?

These activities enable a person to live with a minimum degree of independence and autonomy.

These include, in particular, personal hygiene, basic domestic activities, essential mobility, recognising people and objects, finding one’s way around, understanding and carrying out simple instructions or tasks.

What long-term care benefits does the law provide?

Long-term care benefits in Spain (‘prestaciones de atención a la dependencia’) can be provided in two types:

1. Benefits in kind (“servicios”) and

2. Financial assistance / cash benefits (“prestaciones económicas”)”

Priority is being given to the care benefits in kind.

Access to benefits in kind depends on the level of care required and, to the same extent, on the financial capacity of the applicant.

What are long-term care benefits in kind?

The benefits catalogue of the care system includes the following services:

• Services to prevent the need for care and to promote personal autonomy.

• Telecare service

• Home assistance service:
  • Home and personal care

• Day and night centre service:
  • Day centre for the elderly
  • Day centre for people under 65
  • Day centre for specialised care
  • Night centre

• Residential care service:
  • Residential home for elderly people in need of care
  • Assisted living centre for people in need of care, according to the different types of impairment

What financial support is provided?

The law itself provides for a range of cash benefits (so-called care allowance), which can be divided into three categories:

1.) Care allowance in conjunction with the benefit in kind:

This periodic financial assistance is only recognised if access to a public or subsidised care service is not possible.

It depends on the level of need for care and the financial capacity of the beneficiary.

This allowance is personal in nature and must always be combined with a benefit in kind.

2.) Allowance for care in the family environment and for non-professional carers:

This cash benefit is recognised as an exception if the beneficiary is cared for by family members.

The most important characteristics of this benefit are

• Exceptionality

• Care provided by non-professional carers, provided that the conditions for cohabitation and habitability of the home are met.

• They are defined as part of the individual care programme (PIA).

• Depending on the level of care required and the financial means of the recipient.

The carer must comply with the statutory rules for membership, registration and contributions to social insurance.

The beneficiary must have been cared for by one of these persons for a period of one year prior to the date of application.

What is the difference between professional and non-professional care?

• Non-professional care: Care provided to dependent persons at home by family members or their relatives.

• Professional care: Care provided by a public institution or body, with or without the intention of making a profit, or by a self-employed professional whose purpose is to provide services to people in need of care at home or in a centre.

3.) Care allowance for personal assistance:

Here ist the purpose to promote the autonomy of people in need of care, regardless of their level of care.

The aim is to provide personal care for a certain number of hours, making it easier for the beneficiary to access education and work and to live more independently in carrying out basic activities of daily living.

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How much is the care allowance in Spain?

Every year, the government publishes a royal decree-law on the financial support provided in the event of a need for care, depending on the level of care.

Cash allowances can range from € 100 to € 747.

Are the benefits in kind and cash allowances compatible?

The financial benefits are incompatible with each other and with the benefits in kind mentioned above, with the exception of benefits to prevent the need for care, to promote personal autonomy and telecare.

The long-term care benefits in kind are incompatible with each other, with the exception of the telecare service, which is compatible with the service for the prevention of dependency, the promotion of personal autonomy, home assistance and the day and night centre.

Notwithstanding the above, the competent public administrations may determine the compatibility of assistance and care allowances that facilitate the stay of dependent persons at home so that the total of these payments does not exceed the maximum amounts recognised for the level of dependency.

Are care benefits in Spain free?

No, because the beneficiaries contribute to the financing of the service they are entitled to receive, depending on the type and cost of the benefit and their personal financial capacity.

The financial resources are based on the income and assets of the beneficiaries.

The age of the beneficiary and the type of benefit provided must be taken into account

Each Autonomous Community has established its own rules for calculating care benefits in Spain, so it is essential to consult the regional regulations.

What care levels are there in Spain?

The situation of care dependency is categorised into the following 3 levels (‘grado de dependencia’):

• Level I: Moderate dependency: the person needs help at least once a day with various basic activities of daily living or has a need for temporary or limited support for personal independence.

• Level II: Severe dependency: The person needs help with various basic activities of daily living two to three times a day, but does not want to be constantly supported by a carer or has a need for extensive support for their personal independence.

• Level III: Strong dependency: if the person needs help several times a day with various basic activities of daily living and, due to the complete loss of their physical, mental, intellectual or sensory independence, is dependent on the indispensable and constant support of another person or has a need for general support for their personal independence.

How is the need for care assessed?

The various Autonomous Communities determine the bodies responsible for assessing the need for long-term care.

These bodies issue an expert opinion on the level of dependency in which they determine what care the person may need.

The level of dependency is determined using a scale which, among other things, defines the objective criteria for assessing the person’s level of autonomy and their ability to carry out the various activities of daily living.

The assessment takes into account the relevant reports on the person’s state of health and the environment in which they live, as well as any technical aids, orthoses and prostheses they may have been prescribed.

For this purpose, the institutions will go to the applicant’s home to directly examine the person concerned and the environment in which the activities of daily living and the physical, mental, intellectual or sensory conditions take place.

Exceptionally, the assessment bodies may also carry out the assessment in premises other than the applicant’s home.

How is the need for long-term care and entitlement to long-term care benefits recognised?

The procedure for recognising entitlement to long-term care benefits is initiated at the request of the person who may be affected by the need for long-term care or the person who represents that person.

The application is submitted to the corresponding administrative authority of the Autonomous Community in which the applicant resides.

Usually via your local social services office in the municipality (‘ayuntamiento’).

Once the applicant has been assessed, the Autonomous Administration or the Territorial Directorate of the Imserso will issue a decision determining the benefits and financial support to which the applicant is entitled, according to the level of dependency; this decision is valid throughout the State.

Who can apply for recognition of long-term care benefits?

In particular, the following people who are in a situation of dependency in any of the established levels can apply for care benefits in Spain:

• Spaniards and Foreigners: who have resided in Spanish territory for five years, two of which must be immediately prior to the application.

• Foreigners, who reside legally in Spain.

• Minors: Spanish or foreign nationals under the age of 18. In the case of children under 5 years of age, the residence of the person who has custody and guardianship of the child is required.

• Returned Spanish emigrants

What is the Individual Care Programme?

As part of the procedure for recognising the need for care and the corresponding benefits, the relevant social services of the public system create an Individual Care Programme (‘Programa Individual de Atención’ – PIA for short).

In this programme, the measures best suited to the needs of the beneficiary are determined among the benefits in kind and financial allowances ( according to the level of dependency).

How long does it take for the decision to recognise the need for long-term care in Spain?

The maximum period between receipt of the application and the decision to recognise the care benefit is six months. But in practice it usually takes longer.

Can the level of dependency or the care benefit be reviewed?

The care level can be re-assessed in the event of:

• improvement or worsening of the situation of need

• existing errors in the diagnosis or in the application of the relevant scale

The benefits can be changed or terminated if this is necessary, such as in the case of:

• changes in the personal situation of the beneficiary

• change in the requirements established for their recognition

• non-compliance with legal obligations

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