First of all, it is important to distinguish whether you will be receiving a contributory benefit or a means-tested allowance (subsidy).

In the case of a contributory benefit, dependent children under the age of 26, or over that age if they have a disability, as well as fostered minors who do not receive any income, may increase the minimum or maximum limits of your benefit.

If you apply for a subsidy, you will be considered to have family responsibilities when you have a spouse, children under 26, dependent adults with disabilities, or fostered minors in your care, provided that the income of the household, including the applicant, divided by the number of household members, does not exceed 75% of the statutory minimum wage, excluding the proportional amount of two extra payments.

For this reason, you may claim family responsibilities or dependants in relation to a spouse, but not in relation to a domestic partner.

If you are legally separated or divorced, common children of the marriage will be considered family dependants when they live with you, provided they meet the age requirements (under 26 or over that age if disabled) and do not have their own income.

If they do not live with you but you are required, by court ruling or legally binding agreement, to pay child maintenance, they will also be considered family dependants provided they meet the stated requirements.

A de facto separation, where no application for annulment, separation or divorce has been submitted or no interim measures have been issued by a judge, does not dissolve the marital bond, and spouses remain obliged to share marital responsibilities.

A de facto separation does not alter the composition of the household or the income assessment method; therefore, the spouse and their income will not be excluded from the household. However, you may exclude your spouse from the household if you can demonstrate that an application for annulment, separation or divorce has been formally admitted, even if no court ruling or interim measures have been issued.

In the case of marriage, if your spouse has children from a previous relationship and they live with the couple, they will form part of the household and may be declared as dependants, provided they are under 26, over that age with a disability, or fostered minors, and do not receive income exceeding 75% of the statutory minimum wage.

However, if you have a domestic partner, your partner’s children may not be declared as dependants and their income will not be taken into account when determining family responsibilities. Likewise, your domestic partner cannot be declared as a dependant.

As an exception, if you are a victim of gender-based violence, the perpetrator will not be considered a member of your household and their income will not be taken into account when assessing family responsibilities.