If you are caring for the sons or daughters of a woman killed by gender-based violence, this change affects you directly. Since October 21, 2026, the orphan’s pension for gender-based violence has a minimum amount of twice the monthly minimum wage (salario mínimo interprofesional, SMI), and the orphan’s benefit becomes that same amount without the old income limit. In 2026 that is 2,442 euros a month. In addition, adopting the children no longer causes the orphan’s pension to be lost or suspended.
If you want your case reviewed, you can write to Fernanda Vargas on WhatsApp or book an appointment on Calendly. Below we explain, with the text of the law in hand, what changes, how much is paid and what still needs to be clarified.
What Changes from October 21, 2026 in Orphan’s Benefits for Gender-Based Violence
Royal Decree-law 31/2026, of October 20, to improve the protective action of Social Security (Seguridad Social) and other social rules, was published in the Official State Gazette (BOE) on October 21, 2026 and came into force that same day. Among other measures, it rewrites sections 1 and 2 of article 224 of the General Social Security Act (Ley General de la Seguridad Social, LGSS), which governs orphan’s benefits.
Unlike other parts of the rule, which have deferred effects, the changes to orphan’s benefits do not have a deferred effective date: they apply from October 21, 2026.
In short, the reform introduces four new features:
- The orphan’s pension, when the mother died as a result of violence against women, has a minimum monthly amount equal to twice the monthly minimum wage.
- The orphan’s benefit, for those who do not meet the requirements for the pension, becomes twice the monthly minimum wage, instead of 70% of a calculation base.
- The new text of the benefit no longer mentions the family income limit (75% of the minimum wage per person) that used to condition it.
- The law expressly states that adopting the children does not extinguish the orphan’s pension or benefit, and the suspension based on the adoptive family’s income disappears.
Orphan’s Pension and Orphan’s Benefit: Two Different Figures
To understand the reform, it helps to separate two figures that the law regulates in the same article and that are often confused.
The orphan’s pension
This is the classic Social Security benefit. It is due to the sons and daughters of the deceased person who, at the time of death, are under twenty-one or unable to work, provided the deceased person was registered with Social Security (de alta) or in an equivalent situation, or was a pensioner on the terms set by law. In other words, it depends on the mother’s situation with Social Security.
The orphan’s benefit
This is a specific figure for the sons and daughters of women who died as a result of violence against women, designed for cases in which the requirements to generate an orphan’s pension are not met, for example because the mother was not registered with Social Security. The law also extends it, in any case, to deaths caused by any of the forms of sexual violence defined by the Organic Law on the comprehensive guarantee of sexual freedom.
Knowing which of the two applies is the first step, because the rules on amounts are not identical.
What Article 224 of the General Social Security Act Now Says
On the orphan’s benefit, the new article 224.1 LGSS provides:
«The amount of this benefit shall be the equivalent of twice the monthly minimum wage in force at any given time.»
And on the orphan’s pension, it adds:
«In any case, when the death was caused by violence against women, on the terms described in this article, the minimum monthly amount of the orphan’s pension shall be the equivalent of twice the monthly minimum wage in force at any given time.»
The law also states that the differences between what would have been due and what is actually paid are funded through a transfer from the State to the Social Security budget. For the family, what matters is that the minimum amount (for the pension) and the amount of the benefit are set by reference to the minimum wage, not to what the mother managed to contribute; the State funds the difference.
How Much Is Paid: Twice the Minimum Wage, 2,442 Euros a Month in 2026
The minimum wage for 2026 is set by Royal Decree 126/2026, of February 18, at 1,221 euros a month. Twice that amount is:
- 2 x 1,221 = 2,442 euros a month in 2026.
The reference is the minimum wage «in force at any given time», so if the minimum wage goes up, the guaranteed amount goes up with it. The rule speaks of a monthly amount; it does not specify how many payments a year it is paid in, so it is worth checking this in the decision issued by Social Security in each case.
Remember the difference: for the benefit, twice the minimum wage is the amount of the benefit; for the pension, it is a minimum amount. If the pension calculated under the general rules were higher, this is not a cap.
Several Siblings: The Joint Amount Rule
When more than one son or daughter is entitled, the law introduces a limit. For the orphan’s benefit it says:
«If there were more than one beneficiary of this benefit, their joint amount may not exceed that amount.»
And for the orphan’s pension it contains an equivalent sentence referring to the minimum amount. Read literally, for the benefit the joint amount for all the siblings may not exceed twice the minimum wage. For the pension, the rule refers to the guaranteed minimum, and the rule does not explain how it combines with orphan’s pensions that already exceed that figure on their own. If there are several siblings, it is worth reviewing the calculation in the decision with Fernanda Vargas.
Before and After the Reform: Comparison Table
| Aspect | Before 10/21/2026 | From 10/21/2026 |
|---|---|---|
| Orphan’s benefit: amount | 70% of the calculation base | Twice the monthly minimum wage (2,442 euros a month in 2026) |
| Benefit: income limit | Income per person not above 75% of the minimum wage on an annual basis | The new text does not mention it |
| Benefit: several beneficiaries | Joint amount of up to 118% of the calculation base, never below the minimum widow’s or widower’s pension with family responsibilities | The joint amount may not exceed twice the minimum wage |
| Orphan’s pension: minimum | No specific minimum in article 224 | Monthly minimum of twice the minimum wage |
| Adoption | Suspension if the adoptive family’s income exceeded 75% of the minimum wage per person | Not extinguished and no suspension based on income |
The Example of Carmen and Her Two Grandchildren
Carmen cares for her two grandchildren, aged 8 and 12, whose mother died as a result of gender-based violence. The mother was not registered with Social Security when she died, so the children could not generate an orphan’s pension and the route was the orphan’s benefit.
Under the previous rule, the benefit was 70% of a calculation base and was only granted if the income of the family unit, divided among its members, did not exceed 75% of the minimum wage on an annual basis. If the household’s income exceeded that limit, the benefit was not granted.
Under the wording in force since October 21, 2026, the benefit is equal to twice the monthly minimum wage, 2,442 euros a month in 2026, and the new text no longer mentions that income limit. As there are two siblings, their joint amount may not exceed that figure. The benefit is paid to the person who has the beneficiaries in their care, as determined by regulation, which in this example is Carmen.
This is a simplified example: each family has its own circumstances (the mother’s contributions, the children’s ages, the father’s situation) that may change the result.
Adoption: The Orphan’s Pension Is No Longer Lost or Suspended
This is one of the most important changes for families. The new article 224.2 LGSS says:
«When the death was caused by violence against women, on the terms described in this article, the right to the orphan’s pension and, where applicable, to the orphan’s benefit, shall not be extinguished in the event of adoption of the sons and daughters of the deceased woman who died as a result of violence against women.»
Previously, adoption did not extinguish the right, but it did suspend it when the adoptive family’s income, divided among its members, exceeded 75% of the minimum wage on an annual basis. There was also a similar income limit when the aggressor was someone other than the children’s father. Those suspension rules no longer appear in the text in force.
The law keeps one rule: if one of the adoptive parents later dies and this generates a new orphan’s pension or benefit, it will be incompatible with the one already being received, and one of them must be chosen.
Full Orphanhood and the 52% Increase
The reform also reorganizes the rules on full orphanhood (orfandad absoluta), which are in article 38 of Decree 3158/1966, the regulation on General Scheme benefits. In cases of full orphanhood, the orphan’s pension may be increased: for example, when at the death of the deceased person there is no beneficiary of the widow’s or widower’s pension, the orphan’s pension is increased by the amount resulting from applying 52% to the calculation base.
Regarding violence against women, the regulation now includes two rules:
- Full orphanhood is presumed when the surviving parent has abandoned their family responsibility and foster care or guardianship of the orphan due to violence against women has been granted to third parties or relatives. This presumption used to be in article 224.2 LGSS.
- When the surviving parent has lost the widow’s or widower’s pension under the first additional provision of Organic Law 1/2004, the orphan is entitled to the increases provided for full orphanhood.
That provision of Organic Law 1/2004 states that anyone convicted by final judgment of an intentional crime of homicide or injury against the deceased woman loses the widow’s or widower’s pension, unless there has been reconciliation, and that this pension increases the orphan’s pensions where the legislation so provides. In addition, that person may in no case be paid their children’s orphan’s pension, unless there has been reconciliation.
Ages, Who Is Paid and Civil Servants under Clases Pasivas
Up to what age
The general rule is to be under twenty-one at the time of death or unable to work. In addition, a son or daughter under twenty-five on the date of death who does not work, or whose annual earnings from work are below the annual minimum wage, may be a beneficiary of the orphan’s pension or benefit. If they turn twenty-five during the school year, the orphan’s pension or benefit continues until the first day of the month immediately following the start of the next academic year.
Who is paid
The orphan’s pension and the orphan’s benefit are paid to the person who has the beneficiaries in their care, as determined by regulation (article 224.4 LGSS).
Civil servants under Clases Pasivas
If the mother was a civil servant under the State Clases Pasivas scheme, the reform includes the same rule: the minimum monthly amount of the orphan’s pension generated by the victim of violence against women is twice the monthly minimum wage in force at any given time, with the same limit for the joint amount.
What Still Needs to Be Clarified
The reform is clear on the figures, but leaves several open questions worth knowing:
- Orphan’s pensions already granted. The Royal Decree-law does not include a transitional provision on orphan’s benefits. It does not say whether the new minimum and the new amount will be applied automatically to those who were already receiving them, from what date, or whether a review must be requested.
- Full orphanhood. The text of article 224.1 no longer requires, for the benefit, that the children be «in circumstances equivalent to full orphanhood», but the preamble of the rule still speaks of a situation equivalent to full orphanhood. It remains to be seen how Social Security applies it.
- Several siblings. The joint amount rule does not explain how it combines with higher orphan’s pensions of their own.
- Validation. Like any Royal Decree-law, it must be validated by the Congress of Deputies (article 86.2 of the Constitution).
If you care for children or young people in this situation, it is worth reviewing their orphan’s pension or benefit now. Fernanda Vargas, employment lawyer in Madrid, can help you check whether the pension or the benefit applies, review the amount and prepare the application. You can see how she works on Social Security matters on her page on labor law and Social Security.
Royal Decree-law 31/2026 includes other measures for victims, such as the new sick leave for gender-based violence and the improvement of the Child Support Guarantee Fund. If you are interested in survivor’s pensions, you can also read our article on the requirements for the widow’s or widower’s pension for unmarried partners.
Frequently Asked Questions
How much is the orphan’s pension if the mother died as a result of gender-based violence?
Since October 21, 2026, the orphan’s pension has a minimum monthly amount of twice the monthly minimum wage in force: 2,442 euros a month in 2026. With a single beneficiary, if the pension calculated under the general rules is higher, that minimum does not reduce it. If there are several beneficiaries, the law says that the joint amount of the pensions may not exceed that figure, and it does not explain how this rule combines with orphan’s pensions that already exceed it on their own.
What is the difference between the orphan’s pension and the orphan’s benefit?
The pension applies when the mother was registered with Social Security or in an equivalent situation, or was a pensioner. The benefit is for the sons and daughters of women who died as a result of violence against women who do not meet the requirements for the pension. For the benefit, twice the minimum wage is its amount; for the pension, it is a minimum.
Did the mother need to have paid contributions?
For the pension, her situation with Social Security does matter: she had to be registered or in an equivalent situation, or be a pensioner. If those requirements are not met, the children may be entitled to the orphan’s benefit, which does not depend on the mother being registered.
Is the orphan’s pension lost if the children are adopted?
No. When the mother died as a result of violence against women, the right to the orphan’s pension or benefit is not extinguished by adoption, and the text in force no longer provides for suspension based on the adoptive family’s income. If an adoptive parent later dies and generates another orphan’s pension or benefit, one of the two must be chosen.
Does it apply to those who were already receiving an orphan’s pension before October 2026?
The rule does not clarify this: it has no transitional provision on orphan’s benefits and does not say whether the review will be automatic or on request. If your family already receives an orphan’s pension or benefit for gender-based violence, it is worth reviewing the amount and considering whether to request a review.
If you would like us to review the orphan’s pension or benefit of the children or young people in your care, write to Fernanda Vargas on WhatsApp or book an appointment on Calendly.