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A taxpayer receiving a UK pension asks whether they can claim the deduction for a legally unmarried spouse with disability. The DGT confirms this is possible if the pension comes from a public social security system analogous to Spain's Social Security and all other legal requirements are met.
Question raised: Yes, while receiving a foreign pension, the deduction for a spouse not legally separated with a disability may be applied.
The deduction is applicable to taxpayers receiving pensions from public social security schemes of other States, where references to Social Security are understood as equivalent public systems. To apply the deduction for a spouse with a disability, the spouse must not have annual income exceeding 8,000 euros (excluding exempt income) nor generate the right to deductions for descendants or ascendants with disabilities. Furthermore, the requirements for accreditation of disability and economic dependency must be met in accordance with the regulations.
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