Social Security at the Commences of 2011 (comments to the Law 39/2010 of the General State Budget for 2011 and other laws recently enacted)

Abstract

Law 39/2010 of 22 December, the General State Budget for 2011, following the precedent of previous years includes a number of informs affecting Social Security, in a regulation that goes beyond the authorization of expenditures for that year or underlying revenue estimates, as it captures changes that affect different areas of the Social Security system.

Thus, through Law 39/2010 are modified certain aspects of the regulation of executive collection of Social Security, the social protection is improved through the establishment of a new Social Security benefit that is intended to encourage care of children affected by serious illness requiring hospitalization or permanent care, while it is incorporated in the scope of people's coverage who perform their activity within the framework family home, professional risk protection. Thus, it ends with a distinction difficult to justify. It is suitable a protection for widows in the scheme State Passive Class to the rules contained in the General Scheme. Also, it sets limitations on the regime access to early retirement.

By other hand, there are certain changes introduced that affect the management of the system, both in its public (especially in the field of Special Civil Servants Regimes) and, above all, the management carried out by Mutual, which affect the field staff and running costs or the economic performance of management.

Finally, in the last quarter of 2010 have passed two laws that affect the field of Social Security. On the one hand, Law 35/2010 of 17 September, emergency measures to reform the labor market, which includes improvements in the protection as is the case for the unemployment in the case of training contracts or new management structures in relation to temporary disability.

In turn, by Royal Decree Law 13/2010, of December 3, related to proceedings in tax matters, labor and liberalization to encourage investment and job creation, has regulated a measure of respect to the structure the Social Security system, as is the incorporation, with effect from 1 January 2011, all newly recruited staff in the General Regime.