Royal Decree-Law 1/2000 of 14 January on certain measures to improve the family protection of social security, and within the object of support to the family, proceeds to a review of the amounts of the appropriations Social Security Economic and Social Security for a child under the age of 18.

In turn, it incorporates, within the set of family benefits of Social Security, two new benefits: the first, consisting of an economic benefit by birth of third or successive children and the second, also in an economic benefit to the families in which a multiple birth occurs.

With regard to these last two benefits, it is necessary to proceed to the development of the legal forecasts that allow the application of the said Royal Decree-Law, to whose purpose the present Royal Decree, in which, in the the framework of the legal regulation, certain aspects related to the new family benefits are specified.

In its virtue, on the proposal of the Minister of Labour and Social Affairs, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of July 14, 2000,

D I S P O N G O:

CHAPTER I

New Family Social Security Benefits

Article 1. New benefits.

In accordance with Articles 2 and 3 of Royal Decree-Law No 1/2000 of 14 January 2000 on certain measures for the improvement of the family protection of social security, they fall within the scope of the Family benefits of Social Security as follows:

(a) Single payment economic season by birth of third or successive children.

(b) Single payment for multiple delivery.

Article 2. Scope.

The provisions of this Royal Decree will apply in the Regimes that make up the Social Security system, with the exception of the Special Regimes of the Civil Servants of the State, the Armed Forces, and the officials of the Administration of Justice, which shall be governed by their specific rules.

CHAPTER II

Single-payment economic benefit by birth of third or successive children

Article 3. Children giving entitlement to the benefit.

1. They shall be responsible for the provision referred to in this Chapter, the third child born and the following. It shall be understood as being born for these purposes, which satisfies the conditions set out in Article 30 of the Civil Code.

The birth must take place in Spain, so that it is entitled to this benefit. However, it may give the right to the birth produced abroad, when the child is to be immediately integrated into a family nucleus with residence in Spain.

2. They shall be taken into account for the calculation of the third child, all children, regardless of their affiliation, common or non-common, who live in the family unit and are in charge of the parents.

It is understood that there is a child in charge when the latter does not carry out a gainful job for an employed or self-employed person, or when performing it, the income obtained in annual computation is less than 75 per 100 of the salary amount interprofessional minimum to be fixed at any time, also in annual computation.

Article 4. Beneficiaries.

May be beneficiaries of the economic benefit by birth of third or successive children:

1. In its contributory mode:

(a) Persons who are members of the General System of Social Security who are affiliated and in high or in a situation treated as high and who have not received annual income exceeding the amount which, at any given time, is established to be the beneficiary of the economic allocations per child in charge of non-disabled. The above amount shall be deemed to be increased by 15 per 100 for each dependent child from the second, including.

(b) Pensioners of that general scheme by any contingency or situation in contributory mode, and recipients of the temporary disability and recovery allowance which also satisfy the requirement of annual income, including the pension or allowance.

(c) Persons referred to in paragraphs (a) and (b), whose income, even exceeding that amount, is less than the figure resulting from the addition of the amount of the economic benefit by birth of third or Successive children shall be entitled to the corresponding difference.

2. In their non-contributory mode, those who meet the following requirements:

a) Reside legally in Spanish territory.

(b) Not to be entitled, neither the father nor the mother, to benefits of this same nature in any other public social protection regime.

(c) Do not receive annual income exceeding the amount which, at each moment, is established to be the beneficiary of the economic allocations per child in charge of non-disabled. The above amount shall be deemed to be increased by 15 per 100 for each dependent child from the second, including.

Persons who meet the requirements set out in the preceding paragraphs, whose income, even exceeding that amount, is less than the figure resulting from adding to the amount of the economic benefit by the birth of third or successive children shall be entitled to the difference.

3. For the purposes of determining the annual income limit set out in the preceding paragraphs, the same rules on the calculation of revenue as provided for in Article 7 of Royal Decree 356/1991 of 15 March 1991, for which it is carried out, shall apply. (a) the provision of benefits for a child in charge, Law 26/1990 of 20 December on the provision of non-contributory benefits in social security.

Article 5. Determination of the beneficiary.

1. Without prejudice to the application of the provisions of the following paragraph, in the case of the parents ' co-existence, any of them determined by common agreement shall be the beneficiary. It shall be presumed to exist where the benefit is requested by one of the parents.

A lack of agreement will benefit the mother.

If one parent is integrated into a Social Security Regime and the other does not, both of whom are eligible, the condition of the beneficiary who is to be integrated within a System of Social Security shall prevail. Social Security.

2. Where the parents do not agree, the person holding the child's custody and custody shall be the beneficiary.

3. Where the deceased person is an orphan of a parent or a parent, the person who is legally responsible for the child shall be the beneficiary of the economic benefit.

In this case, the beneficiary must have two or more children in advance.

Article 6. Amount.

The economic benefit will consist of a one-off payment of 75,000 pesetas, for each child born, from the third, including.

CHAPTER III

Single-payment single-payment economic benefit

Article 7. Children giving entitlement to the benefit.

They are the cause of the benefit referred to in this chapter, the children born of multiple births, when the number of births is equal to or greater than two. Those who fulfil the conditions laid down in Article 30 of the Civil Code shall be understood as being born for these purposes.

The birth must take place in Spain so that it is entitled to the benefit. However, they may be entitled to the births produced abroad, when the births are to be integrated immediately into a family nucleus with residence in Spain.

Article 8. Beneficiaries.

1. In its contributory mode:

(a) Persons who are members of the General Social Security Regime who are affiliated and in high or in a situation treated as high.

(b) Pensioners of that general scheme by any contingency or situation in contributory mode, and recipients of temporary disability and recovery allowance.

2. In their non-contributory mode, those who meet the following requirements:

a) Reside legally in Spanish territory.

(b) Not to be entitled, neither the father nor the mother, to benefits of this same nature in any other public social protection regime.

Article 9. Determination of the beneficiary.

1. Without prejudice to the application of the provisions of the following paragraph, in the case of the parents ' co-existence, any of them determined by common agreement shall be the beneficiary. It shall be presumed to exist where the benefit is requested by one of the parents.

A lack of agreement will benefit the mother.

If one parent is integrated into one Social Security Regime and the other does not, gathering both

the condition of beneficiaries, the condition of the beneficiary that is to be integrated within a Social Security Regime shall prevail.

2. Where the parents do not agree, the guardian of the child shall be the beneficiary of the child's custody.

3. Where the responsible subjects are orphans of the father and mother or are abandoned, the person who is legally responsible for the birth shall benefit from the respective economic benefit.

Article 10. Amount.

The amount of the economic benefit by multiple birth will be as follows:

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Number of times the monthly amount of the minimum interprofessionalsalary Number of children born

2 4 3 8 4 and 12

CHAPTER IV

Common Provisions

Article 11. Compatibilities.

1. The economic benefits by birth of third or successive children and by multiple births, caused by the same subject, shall be compatible with each other.

The economic benefit by multiple birth is compatible with the special maternity allowance for multiple births.

2. The economic benefits by birth of third or successive children and by multiple births shall be compatible, in the same way, with the economic allocations per child in charge which they may correspond.

Article 12. Incompatibilities.

Economic benefits by birth of third or successive children and by multiple births shall be incompatible with the perception, by the parent or the mother, of any other analogous benefit established in the other public social protection schemes.

Where beneficiaries may be entitled to the same benefit, by the same deceased subject, in several public social protection schemes, they shall be eligible for one of them.

Article 13. Management of the new benefits.

The management of the economic benefits of single payment by birth of third or successive children and by multiple births, as well as the recognition of the right to them, shall be the responsibility of the National Social Security Institute, the same rules as those laid down in Article 11 of Royal Decree 356/1991 of 15 March 1991, for the benefit of the child in charge, Law No 26/1990 of 20 December 1990, for which the Court of Justice of the European Communities Non-contributory benefits are provided for in the Social Security.

Additional disposition first. Financing of these benefits.

The economic benefits regulated in this Royal Decree will be financed with contributions from the General Budget of the State to the Social Security.

Additional provision second. Special schemes for social security.

1. In the Special Regulations, Agrarian, Coal Mining, Home Employees and Self-employed or self-employed, the benefits regulated in this Royal Decree will be recognized in the terms provided for in the Royal Decree.

2. Where the beneficiaries of the benefits provided for in the preceding Articles fall within the scope of the special scheme for the social security of the workers of the sea, such benefits shall be recognised in the In this Royal Decree, although the management of the same will correspond to the Social Institute of the Navy.

Final disposition first. Powers of implementation and development.

The Minister of Labour and Social Affairs is empowered to make the necessary provisions for the application and development of what is available in this Royal Decree.

Final disposition second. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid on July 19, 2000.

JOHN CARLOS R.

The Minister of Labor and Social Affairs, JUAN CARLOS APARICIO PÉREZ