Royal Decree-Law 31/2026 creates two new special temporary incapacity situations and strengthens widowhood and orphanhood pensions

The Official State Gazette of 21 October publishes Royal Decree-Law 31/2026, of 20 October, for the improvement of Social Security protection and other social rules, which enters into force on the same day of its publication. The rule modifies the consolidated text of the General Social Security Law and extends several of its changes to the special sea regime and to Passive Classes.

Two new special temporary incapacity situations

The reform incorporates two new special temporary incapacity situations: codified secondary menopausal disorder and injuries derived from gender violence, and reorders the catalogue of existing special situations in article 169 of the consolidated text of the LGSS. In these cases, the benefit is paid from the day following the sick leave, at the employer's expense.

For labour lawyers, the practical novelty is twofold: new sick-leave scenarios with a reinforced regime and a reordered catalogue worth rereading before advising on incapacities with particularities.

Widowhood for unmarried couples and orphanhood due to violence against women

The decree-law relaxes the requirements for access to the widowhood pension for unmarried couples with children in common, eliminating formal demands that, according to the preamble itself, had generated lack of protection and high litigation.

It also increases orphanhood pensions caused after the death of the mother due to violence against women when the orphan is in a situation equivalent to absolute orphanhood: the minimum monthly amount is set at the equivalent of twice the minimum interprofessional wage in force at any time. Both modifications are also incorporated into the State Passive Classes Regime.

Protection before extraordinary events

The rule establishes permanently the assimilation to a situation of registration in the Social Security before extraordinary events, a response built after the experience of the natural catastrophes of recent years. And at regulatory rank, it modifies Decree 3158/1966 to systematise the cases of absolute orphanhood.

Impact for the self-employed

Although the reform is articulated on the General Regime and extends to the sea regime and Passive Classes, it also matters to solo practitioners for two reasons: the reordering of the catalogue of special temporary incapacity situations, which has historically served as a systematic reference for other regimes, and the consolidation of the assimilation-to-registration mechanism for extraordinary events, especially relevant for those who cannot interrupt their activity without losing income. The parliamentary validation and the regulatory developments entrusted to the Ministry of Inclusion, Social Security and Migration are worth following.

A decree with a procedural reading

For contentious practice, the relaxation of widowhood pensions for unmarried couples has a direct consequence: much of the litigation the rule says it wants to correct was born from formal requirements to prove cohabitation. Until courts set criteria on the new wording, ongoing proceedings and prior requests should be reviewed with the RDL text in hand, not with inherited practice.

What comes next

Like every decree-law, the rule is subject to parliamentary validation within thirty days, under article 86 of the Constitution. Until then it applies in full. For labour and Social Security practice, we recommend working directly on the consolidated text of the LGSS, which will progressively incorporate the modifications.

Other recent rules of interest for practice: legal aid duty and the new modules of RD 824/2026, the public hearing to update legal aid scales and the rental extension under RDL 28/2026. All commented regulation, in News.