The Government will create the single-parent family title: what changes and what it needs to move forward

Bustinduy proposes to equate single-parent families with two children with large families through a decree-law

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Elecciones generales del 29 de noviembre · Demócrata

The Government has announced a decree-law to recognize, through a state title, single-parent families and to equate those with two children with the numerous. The initiative also expands protection for households with disabilities and for large families. According to information previewed by El País, the set of measures would affect more than 760,000 families.

The announcement opens two distinct areas: the recognition of new rights and the procedure necessary to keep them in force. Approval by the Council of Ministers makes it possible to start the urgent track, but the Government needs parliamentary backing afterward to consolidate the rule.

What the single-parent family title entails

State recognition of these families was already included in the Draft Family Law submitted by Derechos Sociales in February 2024. That text contemplated an official accreditation and the equating of single-parent households with two children with large families.

The title allows a family situation to be accredited; the equating determines the protection associated with it. That is why having a single-parent accreditation and accessing the benefits of large families are two different matters.

The definitive definition of the beneficiary households, the access conditions, and the application deadlines must be verified in the decree published in the BOE.

More protection for large families and those with disabilities

The announced package includes two other changes: the equating of families with two children and one parent with a disability of at least 33%, and access to the special category of large families with four children.

These measures also have a precedent in the 2024 proposal. Derechos Sociales then proposed expanding the special category to households with four children and to those with three when their annual income per member did not exceed 150% of the IPREM.

The content of that draft makes it possible to know the origin of the reform, although it does not replace the final text of the new decree-law nor does it allow all of its provisions to be transferred automatically.

What parliamentary path the decree-law must follow

The Constitution allows the Government to approve provisions with force of law when there is a situation of extraordinary and urgent necessity. This is the figure of the royal decree-law, regulated in article 86, which requires the Executive to justify that budget and to respect its material limits.

The first step will be its approval by the Council of Ministers and its publication in the BOE. The effective date and the possible specific deadlines for applying each measure will depend on what the regulation itself provides.

After that comes parliamentary scrutiny: the decree must be submitted to debate and a convalidation or repeal vote within the thirty days following its enactment.

Why the Standing Committee of Deputies will vote

The dissolution of the Cortes does not prevent that scrutiny. Article 78 of the Constitution preserves the functions of the standing committees of deputies until the constitution of the new Chambers and assigns them the corresponding powers regarding decree laws.

Therefore, while the Congress remains dissolved, the convalidation of the decree law will correspond to its Standing Committee of Deputies. This body preserves the proportional representation of the parliamentary groups and may decide whether the decree continues in force.

The vote requires a simple majority: more votes in favor than against. It does not require gathering 176 supports. Nor does the Senate intervene in this process. The groups vote on the whole of the regulation and cannot modify its articles during convalidation.

What happens if it is convalidated or rejected

If it receives support, the decree retains its validity. If it is rejected, its effects cease for the future, although repeal does not automatically nullify those produced during the time it was in force.

There is also a second possibility: to convalidate it and agree to process it as a bill using the urgent procedure, which allows an amendment phase to be opened. The Rules of Procedure of the Congress expressly recognize that power to the Standing Committee of Deputies during periods between legislatures.

That processing is optional. The Government needs convalidation to keep the decree; converting it afterwards into a bill would allow changes to its content to be negotiated.

When the new benefits may be requested

Parliamentary voting and administrative implementation have different calendars. A decree law may enter into force before its convalidation, but that does not imply that all titles and benefits can be requested from that same moment.

The BOE must specify which measures are directly applicable and which require regulatory development or adaptation of administrative procedures. Until this is known, no general date may be set to begin requesting the new degree nor to guarantee immediate access to each benefit.