Exclusive | The keys of the Royal Decree that reforms the CUME benefits: more rights and new medical requirements

The Royal Decree approved by the Council of Ministers, to which DEMÓCRATA has had access, develops the expansion of rights approved in October, makes access to the benefit for caring for children with serious illnesses more flexible, and requires a binding report from the Medical Inspection every two years

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After nearly two years of claims, mobilizations and negotiations between the families of minors with serious illnesses and the Ministry of Inclusion, Social Security and Migration, the reform of the CUME benefit is a reality. The Council of Ministers has approved this Tuesday, as DEMÓCRATA announced in advance, the royal decree that will replace the regulation in force since 2011 and will develop the legal modifications approved last October, in addition to introducing new conditions to access the aid, renew it and certify the need for care.

The draft of the text, to which this medium has had access and which will be published in the BOE tomorrow, expressly incorporates autism spectrum disorder and Poirier-Bienvenu neurodevelopment syndrome into the list of serious illnesses, expands the protected care scenarios, allows the benefit to be combined with schooling and modifies the renewal periods. It also regulates in greater detail the simultaneous enjoyment by both parents and situations of separation or divorce.

However, one of the most sensitive new features for families affects the supervision of the benefits. The draft will require a binding report from the Medical Inspection every two years to confirm that care is still necessary, while ASFACUME denounces that inspectors sometimes contradict the criterion of the specialists who treat their children.

what are we talking about:

The CUME benefit, created in 2011, compensates for the loss of income of workers who need to reduce their working day by at least 50% to care for a child affected by cancer or another serious illness.

Although it was initially linked to minority age, successive reforms allowed it to be extended up to 23 years of age and, in certain disability cases, up to 26.

About home and outpatient treatments

The rule expands protection to certain care that is carried out outside the hospital. Among them are home hospitalization, outpatient or continuous treatments and home care derived from specialized and complex therapies, in addition to other care of special intensity prescribed by a doctor. To access the aid, it will be necessary to prove that the absence of hospitalization responds to clinical, therapeutic or organizational reasons and not to a lesser need for care.

New serious illnesses

Among the new features is the updating of the catalog of pathologies that allow access to the benefit. The new annex expressly incorporates autism spectrum disorder (ASD) and Poirier-Bienvenu neurodevelopmental syndrome. In addition, the regulation will also allow new diseases to be incorporated by ministerial order, without the need to approve another royal decree.

Both parents may share the benefit

Another of ASFACUME's main demands, and one that has found a place in the new regulation, is the possibility for both parents to take part in the care of their children without one of them necessarily having to take on all of the reduction in working hours. The draft develops the simultaneous or alternative recognition of the benefit and establishes that, when both receive it at the same time for the care of the same person, each will receive the equivalent of 50% of their respective regulatory base. They may also alternate through agreements for periods of no less than fifteen days.

The association had especially highlighted this modification because of its consequences for inequality in the distribution of care. According to its estimates, more than 90% of the people covered by CUME are women. "What we wanted was to begin to involve the father parent in the care of our children," its representatives explained to this medium after the approval of the Royal Decree-law that began to extend protection last October. "In this way, sharing the work 50-50, there is not that punishment always on the woman," they added.

26 years

The new regulation also develops the exceptional extension of the right when the sick person exceeds 26 years of age and has recognized a disability equal to or greater than 65% or a dependency of degree III, provided that they continue to need direct, continuous and permanent care. The draft specifies the necessary cohabitation conditions to retain the benefit and provides that temporary stays in residential resources or support housing intended for family respite do not necessarily interrupt that requirement, as long as effective care persists.

What happens with renewals?

The regulation modifies the periods for which the benefit is recognized and renewed. The initial grant will be for four months, the first extension may reach six, and the following ones will extend up to eight months, as long as the medical declaration confirms that care continues to be necessary. Requests for renewal may be submitted during the three months prior to the expiration of the aid. In addition, when the doctor determines that the need for care will last for a shorter period, the subsidy will be recognized only for the accredited period.

The medical inspectors

The draft strengthens the intervention of the Medical Inspection of the Public Health Service through a mandatory review once the first 24 months have elapsed since the recognition of the benefit and, subsequently, every two years. To renew the aid, it will be necessary to include a binding report confirming the persistence of the serious illness and the need for direct, continuous, and permanent care. The inspectors will have thirty days to issue it and, if they do not do so within that period, the benefit will continue to be paid provisionally, within the limits established in the regulation.

The measure gains special relevance because of the complaints from ASFACUME, which questions that medical inspectors can amend or contradict the assessments of the specialists who directly treat minors. The new text preserves that possibility of disagreement, since the Inspection report will be binding and it is not established that the criterion of the doctor responsible for treatment must prevail. However, an unfavorable assessment will not automatically lead to the withdrawal of the aid. The managing entity or the mutual insurance company must initiate proceedings, grant the family ten days to submit allegations, and forward them again to the Inspection, which may confirm or modify its report. If it modifies its essential grounds and maintains the unfavorable conclusion, a new hearing must be opened before resolving.

The Ministry also plans to draw up, in collaboration with Health, an indicative technical guide to unify the criteria for assessment and accreditation of care. The document must be ready within the six months following the entry into force of this royal decree, although the draft does not specify how discrepancies between specialists and inspectors will be resolved beyond the review and claims procedure.

Workers with reduced part-time hours will be able to access the subsidy

The draft approved by the Council of Ministers eliminates the exclusion that prevented those who worked part-time with an effective working day equal to or less than 25% of that corresponding to a comparable full-time worker from applying for the benefit. People with contracts for few hours will also be able to access the CUME if they reduce their working day by at least 50% and meet the other requirements. The change aims to prevent the initial duration of the contract from making it impossible to receive aid linked to the need to care for a seriously ill person.

School attendance

On the other hand, the minor’s attendance at school will not in itself prevent retaining the subsidy when clinical circumstances persist that require the effective availability of the caregiver. The regulation expressly mentions treatments, medical check-ups, crisis episodes, monitoring needs, administration of medication and frequent trips to health centers as situations that may justify the continuation of the aid. Compatibility must be proven by the corresponding medical declaration and will also extend to certain training practices.

More clarity for separated or divorced families

The new regulation introduces specific provisions for cases of annulment, separation, divorce, termination of domestic partnerships and gender violence, with the aim of clarifying who may receive the benefit and how cohabitation must be proven. In cases of shared residence, parents may alternate in collecting the payment in accordance with the proven cohabitation regime. When the sick person lives with only one of them, that parent may access the aid even if the other does not work, provided that they meet the remaining requirements.

The role of the specialists

The project allows the declaration necessary to recognize or renew the benefit to be completed either by a primary care physician or by a specialist care doctor from the public health service responsible for the patient. The new model incorporated into the regulation will require detailing the treatments, the care needs and the circumstances that justify equating home or outpatient care with hospital admission. However, when the diagnosis or treatment has been carried out in private healthcare, the declaration of the public health service will continue to be necessary.

The benefit of the self-employed

On the other hand, the reform of the regulation adapts the updating of the regulatory bases to the particularities of the contribution system of self-employed workers. The provisional bases used during the receipt of the subsidy will become definitive and will not be subject to the annual regularization, although the self-employed may request their update, with effect from the first day of the following month. The project also contemplates the revision of the bases of employed workers when modifications arising from legally foreseen causes occur.

When does it come into force?

The transitional provision of the text that the Executive has given the green light to also establishes that the procedures and the benefits already recognized will be adapted to the new regulation from its entry into force, without the need to repeat the validly carried out actions and with preferential application of the most favorable provisions for the interested persons. As for the new medical control, for ongoing benefits the two-year period will be counted from the last recognized extension. The royal decree will enter into force two months after its publication in the BOE.

More key points, information and questions with FREN

AI-GENERATED CONTENT

What is the current status of the parliamentary processing of the Royal Decree reforming the CUME benefit and what are the next steps for its full implementation?

The CUME reform has two distinct paths: the new regulation, approved by the Council of Ministers this November 3, 2026, and Royal Decree-law 31/2026, which introduced the legal modifications in October. The former does not require parliamentary processing or ratification; the latter must be submitted to a parliamentary vote. Therefore, the next steps are not a single Congress-Senate sequence, but rather the publication and application of the regulation on one hand, and the ratification of the decree-law on the other.

Current status of the new Royal Decree

According to information published today by Demócrata, the Council of Ministers has already approved the regulation that will replace the 2011 regulation and develop the legal changes from October. Its publication in the BOE is scheduled for tomorrow, November 4. This forecast does not yet equate to effective publication nor does it allow the entire content to be considered in force.

The prior procedure included a public consultation between November 25 and December 3, 2025, and a public hearing from June 16 to 25, 2026. Subsequently, the Council of Ministers on October 20 requested an urgent opinion from the Council of State, with a deadline of October 29. The approval announced today places the regulation after these preparatory phases.

What remains pending in Parliament

The Royal Decree-law 31/2026, of October 20, for the improvement of Social Security protective action and other social norms, is a different regulation. Among its changes are the exceptional extension of the CUME after age 26 and simultaneous or alternative receipt by both parents. The main CUME measures take effect from October 23, according to Europa Press.

In the sources consulted, its ratification has not yet been recorded, that is, the vote deciding to maintain the decree-law. It must be held within the constitutional period of thirty days and, with the Cortes dissolved, it corresponds to the Permanent Deputation of the Congress. No specific voting date is recorded. This procedure affects the continuity of the decree-law and does not constitute parliamentary approval of the new regulation.

Next steps for implementation

  • Publication and entry into force of the regulation. The final BOE text will determine the application date and transitional rules for benefits already recognized, pending applications, and renewals. Government approval should not be confused with the immediate application of all its novelties.
  • Management adaptation. Managing entities, mutual societies, and public health services must apply the new models and procedures. The text described by Demócrata contemplates an initial grant of four months, a first extension of up to six, and successive extensions of up to eight, as well as renewal requests during the three months prior to expiration.
  • Medical coordination. The regulation provides for a binding report from the Medical Inspection at 24 months and subsequently every two years. It also contemplates hearing families before withdrawing the aid due to an unfavorable assessment.
  • Common technical guide. According to the text described by Demócrata, Inclusion and Health must prepare it within six months after entry into force to standardize the assessment of care.

In conclusion, the regulation is already approved by the Government and pending publication; what remains pending in Parliament is the ratification of the October decree-law. Full implementation requires distinguishing both regulations and applying the final BOE schedule.

What are the competencies of the Ministry of Inclusion, Social Security and Migrations regarding the management of social benefits and what is the political background of its head?

The Ministry of Inclusion, Social Security and Migrations directs the state policy on Social Security, pensions, and civil service benefits, and develops inclusion and migration policies. Regarding benefits, it combines regulation and system planning with management carried out by its entities. Its head is Elma Saiz Delgado, whose political career has mainly developed in Navarra before assuming responsibilities in the Government of Spain.

Competencies on social benefits

The organizational framework of reference is Royal Decree 501/2024, of May 21. To understand its competencies, it is useful to distinguish between directing the protection system and resolving individual applications: not all social aids depend on the ministry nor are all processed directly by its central bodies.

  • Pensions and economic benefits. The department proposes and executes Social Security and civil service policy. This includes the organization of the pension system and its protection mechanisms. The National Social Security Institute (INSS) recognizes and controls entitlement to contributory economic benefits, without prejudice to the competencies of other bodies, as reflected in this agreement published in the BOE.
  • Minimum Vital Income. The IMV is part of Social Security protective action and guarantees a minimum income level to individuals and households in economic vulnerability. The ministry develops this benefit and related inclusion policies. Its purpose and characteristics are explained in the official IMV information.
  • Planning and financing. Through the State Secretariat for Social Security and Pensions, it promotes economic and financial analysis, coordinates system resources and expenses, and oversees the management of collaborating entities. These functions allow forecasting financing needs and evaluating benefit sustainability.
  • Social inclusion. Besides economic transfers, it develops measures to prevent poverty and promote inclusion. In this area, the IMV connects with accompaniment and employment integration actions, without automatically replacing aids from other administrations.
Limits and distribution of responsibilities

It does not manage all social benefits. Unemployment protection corresponds to the State Public Employment Service within its competencies, while the Social Institute of the Navy has specific functions for maritime workers. There are also regional competencies: non-contributory pensions and territorial minimum incomes require distinguishing state regulation from the administration that recognizes and processes each aid.

Therefore, to apply for a benefit, the decisive factor is identifying its nature and the competent body, not only the ministry responsible for general policy.

Political background of Elma Saiz

Saiz was born in Pamplona in 1975. She holds a Law degree and a university master's degree in Tax Advisory from the University of Navarra. Before her institutional responsibilities, she worked in tax advisory and developed teaching activity, according to her ministerial biography.

  • Parliamentary start. She entered politics in 2003 with PSN-PSOE and was a deputy in the Parliament of Navarra.
  • Government delegation. She served as Government delegate in Navarra between 2008 and 2012.
  • Navarra Government. Between 2019 and 2023 she was Minister of Economy and Finance in the Executive led by María Chivite.
  • Ministerial responsibility. She currently heads Inclusion, Social Security, and Migrations. Her career combines parliamentary experience, territorial state representation, and regional economic management, as summarized in the profile published by the ministry.

What legal requirements must be met for a new disease to be incorporated into the list of serious pathologies granting access to the CUME benefit?

To expressly incorporate a new disease into the CUME benefit list, medical-scientific justification, compliance with severity and care criteria, and approval of a ministerial order must concur. A specific law is not necessary for each incorporation: the third final provision of Royal Decree 1148/2011 enables this update. Additionally, a disease not mentioned by name may already be covered by the list's open clauses.

1. Material criteria: severity and need for care

The third final provision of Royal Decree 1148/2011, in its current wording, allows incorporating diseases when, "after the corresponding studies and reports," they are serious and require "direct, continuous, and permanent care of the minor" during their long hospital stay and continued treatment.

Therefore, the justification must jointly prove:

  • The severity of the disease, supported by clinical and scientific documentation.
  • The need for direct, continuous, and permanent care by the parents, guardians, or foster carers.
  • Its link to prolonged hospitalization and continued treatment. Article 2.1 also considers long hospital stays as continuation of medical treatment or care at home after diagnosis and hospitalization.

It is not enough, by itself, that a pathology is rare, chronic, or generates family difficulties. The cited provision also does not establish a minimum number of patients, a determined prevalence, or a general disability percentage as conditions for incorporation.

2. Studies and reports: requirement and practical precedent

Prior studies and reports are an express requirement, although this provision does not set a single model nor identify a scientific society that must necessarily intervene in all cases.

Order TMS/103/2019 offers a concrete precedent: it incorporated Behçet's syndrome, Smith-Magenis syndrome, and epidermolysis bullosa after studies by medical-scientific societies, prepared through agreements and reviewed accordingly by the National Social Security Institute. Parliamentary initiatives promoted those actions but did not replace technical evaluation nor modify the list by themselves.

3. Competent body and regulatory procedure

The competence corresponds to the head of the Ministry of Inclusion, Social Security and Migrations, by ministerial order. The authorization was updated by Royal Decree 677/2023, published in the BOE of July 19.

Besides specific studies, a general provision must be processed: draft, justification and regulatory impact report, mandatory reports, and public participation according to the applicable regime, with justification of any exceptions. Finally, the order must be approved and published in the BOE, with its corresponding entry into force. In 2019, prior consultation, hearing, public information, and direct hearing of social agents were carried out.

This route allows updating the list, not modifying by a simple order the essential elements of the benefit established by law.

4. Express inclusion and individual access are different matters

Before promoting a reform, it is advisable to check if the disease fits into any open clause of the annex. The 2019 reform extended these clauses to different groups to cover other serious diseases that, by express medical indication, require permanent care during hospital admission or home hospitalization.

In any case, appearing on the list does not automatically grant CUME. Each application must prove the disease and care through the medical declaration provided in article 2.2, in addition to at least a 50% reduction in working hours and the remaining personal and Social Security requirements.

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