Reconocimiento de derechos a familiares de fallecidos a causa de la Guerra de España

La Law 5/1979, of 18 September recognises pensions, medical and pharmaceutical assistance and social support for the relatives of people who died as a result of or on the occasion of the Civil War. However, it did not initially cover the victims of extrajudicial executions, forced disappearances, or those who died in prison or police stations due to Franco’s repression. These limitations were partially remedied by the Historical Memory Act of 2007, which extended the assumptions without retroactivity and with economic effects since January 1, 2008.

Main requirements

1. Causants

• Deceased, declared deceased or missing during or after the civil war, if the decease is directly linked to the dispute.
• Also those who caused pension for death due to war conflicts prior to 1936.

2. Beneficiaries

• Widowed spouse.
• Orphans under 21 years of age or older unable to work before reaching that age or the death of the deceased.
• Parents of the deceased, if they meet the requirements established in the legislation of Passive Classes.

3. Amount of pensions

• Members of the Armed Forces or Public Order:
  • Widowhood, orphanhood (disabled children) and pensions for parents: 200% of the regulatory base corresponding to the degree and years of service of the deceased.
  • Orphanhood for non-disabled adults: 100% of the regulatory base.
• Other deceased:
  • Since 1996, pensions have been equivalent to the minimum Social Security widow’s pension (783.10 €/month in 2023).
  • Since 2008, non-disabled orphan’s pensions have been revalued annually (183.83 €/month in 2023).