New Social Security benefits 2026: menopause leave, orphan pensions and €300 food assistance

Key data

Two new work leaves with their own coverage, a reinforced orphan pension and a higher food assistance advance: the Royal Decree-Law 31/2026, published on 21 October 2026, expands the Social Security protection network with changes that directly affect personnel management in companies and thousands of families. The regulation enters into force on the same day as its publication, with no transitional period.

What does this regulation establish?

RDL 31/2026 introduces six blocks of changes in Social Security protective action:

Regarding temporary incapacity, the most relevant novelty for companies is the creation of two special situations with their own regime. Until now, both menopause disorders and injuries from gender-based violence were processed as common IT, without differentiation. From 21/10/2026, each has its own contingency code and specific management rules.

Economic and operational impact

For companies, the most immediate impact is operational: HR departments and payroll managers must correctly recognize and process the new IT codes. A leave for menopause disorder or injuries from gender-based violence is no longer registered as common IT; doing so incorrectly can generate claims or incidents in contributions.

As for direct cost to the company, the regulation does not modify who pays the first days of leave (the applicable collective agreement remains the reference), but it can affect maximum duration and reincorporation conditions, which remain pending regulatory development.

For families, the economic impact is direct:

• The Food Guarantee Fund advance rises to €300/month, improving coverage for families with unpaid food support pensions.
• Orphan pensions caused by violence against women can reach twice the monthly SMI.
• Two parents can simultaneously receive the benefit for care of a minor with serious illness, doubling family economic support in the most critical cases.

Who does it affect?

• HR departments and payroll managers: must update sick leave management procedures for the new types of IT.
• Companies with mixed workforces or women of menopausal age: foreseeable increase in leaves processed under the new menopause disorder code.
• Female workers who are victims of gender-based violence: access to an IT with its own regime, more protective.
• Families with minors with cancer or serious illness: possibility for both parents to receive the benefit simultaneously and extend it beyond age 26 if there is disability ≥65% or dependency grade III.
• De facto couples with common children: easier access to widow/widower pension by eliminating conflicting formal requirements.
• Orphans from violence against women: pension increased to twice the monthly SMI.
• Families with unpaid food support pensions: Food Guarantee Fund advance expanded to €300/month with broader access.
• Victims of terrorism without final criminal judgment: equalization of compensation with those who have final judgment.

Practical example

A company with 80 employees has several female workers aged between 48 and 55 on its payroll. From 21 October 2026, if one of them takes leave for a secondary menopause disorder with specific coding, the HR department must process it under the new special IT code, not as common IT. If the company registers it incorrectly as ordinary leave, it can generate an incident in Social Security contributions and a subsequent claim from the worker.

In parallel, if that same company has a female worker who is a victim of gender-based violence who takes leave for the injuries suffered, the leave is now also processed under the special IT regime, with the more favorable conditions established by the regulatory development of this regulation.

In the family sphere: a family where both parents work and have a child under 26 with cancer and recognized disability of 70% can, from 21/10/2026, request that both receive simultaneously the benefit for care of a minor with serious illness, and maintain it beyond the child's 26 years of age thanks to the disability ≥65%.

What should companies do now?

1. Update IT management procedures: incorporate the new special temporary incapacity codes for menopause disorder and injuries from gender-based violence. Coordinate with the collaborating mutual or INSS.
2. Train the HR and payroll team: ensure that those managing leaves understand the difference between common IT and special IT and know how to process each type correctly.
3. Review gender-based violence protocols in the company: if an internal protocol already exists, update it to reflect the new IT regime and the reinforced rights of affected workers.
4. Communicate new rights to employees: especially the simultaneous benefit for care of sick minor and the extension beyond age 26. Many workers will not know about these changes.
5. Review applicable collective agreement: check if the agreement regulates specific conditions for leaves that are now affected by the new special regimes.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-21872