The Social Security has opened the door to recover certain widow's pensions that had been suspended due to their incompatibility with other contributory benefits. The measure is included in the Royal Decree-Law 31/2026, of October 20, published in the Official State Gazette (BOE) on October 21, and establishes an extraordinary procedure for affected individuals to request the reinstatement of the amounts they stopped receiving. The regulation sets a non-extendable deadline of 12 months to submit the request and determines that the economic effects will begin on the first day of the month following the application, provided that the established requirements are met.
The reform aims to correct a situation that affected certain beneficiaries of widow's pensions recognized through exceptional means. Until now, some of these individuals had to stop receiving their widow's benefit, or another contributory pension, as a result of the incompatibility rules set forth in previous legislation. With the new decree, Social Security allows the request for the recovery of those suspended benefits, although the reinstatement will not be automatic and will not affect all pensions that have stopped being paid.
Who can recover a suspended pension?
The new regulation contemplates two main cases in which beneficiaries can request the reinstatement of a benefit. The first affects individuals who had a widow's pension recognized through an exceptional route intended for those over 65 years old, in situations of judicial separation or divorce prior to January 1, 2008, as long as the marriage to the deceased person had a minimum duration of 15 years. These individuals may request the recovery of the suspended pension if the interruption occurred as a result of the old conditions of incompatibility with another contributory benefit.
The second assumption refers to certain domestic partnerships that accessed a widow's pension through an exceptional regulation and that subsequently saw that benefit, or some other contributory pension, suspended due to the legal restrictions then in force. In both cases, the interested parties must prove that they continue to meet the other requirements necessary to maintain the right. Therefore, having received a widow's pension in the past does not automatically guarantee its recovery, since the cause of the suspension must correspond to the assumptions expressly included in the new regulations.
What is the deadline to request the recovery of the pension?
The Royal Decree-Law 31/2026 came into force on October 21, 2026, coinciding with its publication in the BOE, and establishes that applications must be submitted within 12 months following that date, so the deadline extends until October 2027. The regulation expressly states that this is a non-extendable period, so beneficiaries who believe they can benefit from this measure must process their request within the legal deadline.
The application must be accompanied by documentation that allows verifying that the interested party had the pension recognized and that its suspension occurred due to the incompatibilities contemplated in the reform. It will also be necessary to prove that the required conditions to access the benefit are maintained, since the new regulation does not eliminate the other requirements of the widow's pension.
Since when will the widow's pension be received again?
One of the most important aspects of the reform is the date from which the rehabilitation will have economic effects. According to what the BOE establishes, the recovered pension will generate the right to payment from the first day of the month following the submission of the application, provided that the Social Security recognizes that the legal conditions are met. This means that a person who submits their request during October 2026 will have economic effects from November 1, 2026, while if they do so in November, these will begin on December 1.
However, the regulation does not provide for the automatic recovery of all monthly payments that ceased to be received during the suspension period. The rehabilitation does not have retroactive effects from the date the payment was interrupted, but from the moment established by the new decree. Furthermore, the effective payment will depend on the processing and resolution of the application, so the date of economic effects does not necessarily imply that the money will be deposited immediately.
How to apply for the rehabilitation of a suspended pension
Individuals who find themselves in any of the contemplated cases can go to the National Institute of Social Security (INSS) to request a review of their situation. Social Security has a service called "Rehabilitation of a previously recognized benefit", accessible through its benefits portal, aimed at those who had a benefit that was suspended for reasons of incompatibility that have ceased to apply.
The procedure can be initiated online through the official Social Security portal. To do this, interested parties must identify themselves and provide the corresponding documentation, which may include the identity document, the resolution of recognition of the pension, the suspension communication, and other evidence that allows proving the right to its recovery. It is also possible to request information at Social Security attention centers to determine if the specific case fits the requirements of the reform.
Can two pensions be collected at the same time under the new regulation?
The reform facilitates the recovery of certain benefits suspended due to incompatibility, but does not eliminate the legal limits applicable to those receiving multiple public pensions. The decree itself establishes that the rehabilitation will be subject to the maximum limit provided for cases of concurrent pensions, so that the sum of the benefits cannot exceed the corresponding legal cap.
This condition is especially relevant for individuals who are already receiving a retirement pension or another contributory benefit and wish to recover the widow's pension that was suspended. The new regulation allows for the review of these situations, but the final amount will depend on the recognized benefits and the limits established by the legislation.
With this modification, Social Security introduces an extraordinary way for certain pensioners to recover benefits that had been suspended due to previous incompatibility rules. The measure is already in effect, although those affected must expressly request their rehabilitation before the 12-month deadline expires and prove that they meet the required conditions to receive them again.