The new regulation promoted by the Isabel Ayuso government will allow access to aid and tax benefits from the moment pregnancy is certified
The unborn child will be considered a full member of the family in the Community of Madrid, which will have direct effects on applications for aid and tax benefits. Specifically, it will serve, among other things, to recognize large family status from the 12th week of pregnancy. This is stipulated in the law currently being processed in the Community of Madrid, where the final step before sending the text to the Assembly has been taken. The public consultation process has been published on the transparency portal.
Ayuso announced this measure during the State of the Region Address on September 11, and the Governing Council began processing the law in October, publishing the public consultation on the Transparency Portal. Having completed the preliminary procedures, the law is now moving forward in the Madrid government and will soon go to the regional parliament.
President Ayuso frames this law within the Community of Madrid’s Strategy for the Protection of Maternity and Paternity and the Promotion of Birth Rates and Work-Life Balance. The region will be the first autonomous community to grant this recognition across the board, as Galicia has a similar law, but it only applies to large families.
Within the scope of the regional government’s authority, this new regulation can be applied from the moment pregnancy is confirmed. This means families will have the same benefits and rights when receiving aid that uses family income as a criterion; these include scholarships for upper secondary education (Bachillerato), for the first cycle of early childhood education in private centers, for school meals, and for young people’s housing.
Furthermore, those with two children and expecting a third will be able to access the benefits associated with large family status. This measure will also extend to tax benefits, such as income tax deductions for school expenses, exemptions from fees, and other incentives related to the purchase of a second-hand home.
Once this regional law comes into effect, pregnant women will be able to apply for these subsidies, providing proof of pregnancy through the submission of a medical report during the application process. To ensure the law’s application in the tax sphere, the regulations will modify the relevant legal provisions for those taxes under the jurisdiction of the Community of Madrid.
In the case of large families, the benefits and rights associated with that status will be recognized from the 12th week of pregnancy. Furthermore, a certificate of family status assimilated to a large family can be obtained online. This certificate will be valid from its issuance until three months after the expected delivery date. Tax benefits for large families regarding the purchase of a primary residence will also apply to families assimilated to large families. In other words, it is not necessary to wait for official large family status to enjoy these tax benefits.
What happens if the woman loses the fetus? If the benefit has been previously requested and the requirements are met, it is granted immediately. For example, if it is a one-time benefit and is requested with all the requirements, it is received at that time even if the baby is subsequently lost. Later, if the benefit is requested again or renewed, all the requirements must be met once more. In the Community of Madrid, the 2014 decree on large families also establishes that any change affecting the modification or termination of the status must be reported within a maximum of three months.
In the case of multiple pregnancies, each unborn child will be taken into account for the application of the new law. Furthermore, the legislation also stipulates that local authorities, within their autonomy, may apply the measure of assimilating the unborn child to a born child in procedures under their municipal jurisdiction.