Ms. Nguyen Thi T (Quang Ngai) asked about her husband participating in the revolution, being a type 3 war invalid, with a 51% disability rate, 75% loss of working capacity, and receiving a loss of working capacity benefit.
In 2021, Ms. T's husband applied to change from disability benefits to war invalid benefits. Her husband passed away in 2023. In this case, will she be entitled to monthly pension and health insurance?
With this content, the Ministry of Labor, War Invalids and Social Affairs informs that, based on Article 25 of the Ordinance on Preferential Treatment for People with Revolutionary Contributions 2020, in case war invalids and people enjoying policies like war invalids have a body injury rate of 61% or more, their relatives, including biological father, biological mother, wife or husband, children from 6 years old to under 18 years old, or from 18 years old and above if they continue to go to school, or have severe disabilities or especially severe disabilities, are entitled to health insurance.
When a war invalid with a body injury rate of 61% or more dies, his/her relatives (in case of a wife or husband, they must be of age as prescribed in Clause 2, Article 169 of the Labor Code) are entitled to a monthly pension.
Therefore, if a war invalid has a 51% physical injury rate, his relatives will not be entitled to health insurance, and when he dies, his wife will not be entitled to monthly death benefits according to regulations.
For the regime of relatives of beneficiaries of death disability benefits, people can contact the Social Insurance agency for further clarification.
