Mr. Nguyen Van Phu (Gia Lam, Hanoi) asked: My uncle paid social insurance for 3 years and 3 months and stopped working, receiving unemployment benefits for 3 months. Currently, my uncle has a serious illness, so when he passes away, will he be entitled to death benefits and funeral expenses?
Hanoi Social Insurance responded: According to the provisions of the Social Insurance Law, death benefits for employees' relatives include: Funeral allowance, monthly survivor allowance for eligible relatives or one-time survivor allowance. time. The person taking care of the funeral is entitled to a one-time funeral allowance according to the provisions of Article 66 of the Law on Social Insurance and the employee's relatives are entitled to a monthly or one-time survivor's benefit according to the provisions of Articles 67 and 69 of the Law on Social Insurance 2014.
- At Point a, Clause 1, Article 66 of the 2014 Law on Social Insurance stipulates:
+ If the employee is reserving the time to pay social insurance but has paid for 12 months or more, the person taking care of the funeral will receive a funeral allowance;
- Article 67 of the 2014 Social Insurance Law stipulates in cases of death where relatives are entitled to monthly death benefits as follows:
+ Have paid social insurance for 15 years or more but have not received social insurance once;
+ Currently enjoying pension ;
+ Death due to labor accident or occupational disease;
+ Are receiving monthly labor accident or occupational disease benefits with a working capacity loss of 61% or more.
- Clause 1, Article 69 of the 2014 Law on Social Insurance stipulates: If an employee dies and has paid compulsory social insurance for less than 15 years and has not received one-time social insurance, his relatives will be entitled to a one-time survivor benefit.
In case the reader has paid social insurance for 3 years and 3 months and is reserving the time for paying social insurance, if he has not yet received one-time social insurance, the person taking care of the funeral will be entitled to a funeral allowance and his relatives will be entitled to a one-time survivor allowance. according to the above regulations.
