The amount of survivor benefit the wife is entitled to after her husband’s death due to a work accident
Amount of Monthly Survivorship Benefits the Wife Receives After Her Husband's Death Due to a Workplace Accident
Pursuant to Article 68 of the Social Insurance Law 2014, the specific monthly survivorship benefit rates are as follows:
Monthly Survivorship Benefits Rates
1. The monthly survivorship benefit rate for each dependent is 50% of the statutory pay rate; if the dependent has no direct caregiver, the monthly survivorship benefit rate is 70% of the statutory pay rate.
2. If one deceased person falls under the provisions of Clause 1 of Article 67 of this Law, the number of dependents entitled to monthly survivorship benefits shall not exceed 04 people; if there are 02 or more deceased individuals, the dependents of these individuals are entitled to 02 times the benefit rate stipulated in Clause 1 of this Article.
3. The time for receiving monthly survivorship benefits is from the month immediately following the month in which the subject specified in Clauses 1 and 3 of Article 66 of this Law dies. If the father dies while the mother is pregnant, the child's monthly survivorship benefit period is calculated from the month the child is born.
Thus, when the husband dies due to a workplace accident, the monthly survivorship benefit the wife receives is 50% of the husband's statutory pay rate. If the wife has no direct caregiver, the monthly survivorship benefit is 70% of the statutory pay rate.
Amount of Monthly Survivorship Benefits the Wife Receives After Her Husband's Death Due to a Workplace Accident
Current Rate of the Statutory Pay Rate Used to Calculate Monthly Survivorship Benefits
According to Article 3 of Decree 24/2023/ND-CP, the following is stipulated:
Statutory Pay Rate
1. Statutory pay rate is used as a basis for:
a) Calculating salary levels in salary tables, allowance rates, and implementing other policies as prescribed by law for the subjects specified in Article 2 of this Decree;
b) Calculating operational costs, living expenses according to the law;
c) Calculating deductions and policies that are entitled based on the statutory pay rate.
2. From July 1, 2023, the statutory pay rate is 1,800,000 VND/month.
3. Continue to implement special financial and income mechanisms for agencies and units that are currently implementing specific financial and income mechanisms at the central level as prescribed by the competent authorities for several government agencies and units until the overall wage policy reform according to Resolution No. 27-NQ/TW dated May 21, 2018, of the Seventh Conference of the 12th Central Committee; the monthly salary and additional income calculated by the statutory pay rate of 1,800,000 VND/month from July 1, 2023, according to specific mechanisms ensuring not exceeding the average salary and additional income of 2022 (excluding the portion of salary and additional income adjusted by wage coefficient according to rank and grade when upgrading).
Thus, the statutory pay rate used to calculate monthly survivorship benefits is currently 1,800,000 VND.
Cases Where Dependents Are Entitled to Monthly Survivorship Benefits
According to Article 67 of the Social Insurance Law 2014, the following cases are stipulated:
Cases Entitled to Monthly Survivorship Benefits
1. Those specified in Clauses 1 and 3 of Article 66 of this Law fall under one of the following cases when they die, their dependents are entitled to monthly survivorship benefits:
a) Having paid social insurance for 15 years or more but not yet receiving a lump-sum social insurance;
b) Receiving a pension;
c) Dying due to a workplace accident or occupational disease;
d) Receiving monthly workplace accident or occupational disease benefits with a reduction in working capacity of 61% or more.
2. Dependents of those specified in Clause 1 of this Article entitled to monthly survivorship benefits include:
a) Children under 18 years old; children 18 years old or older with a reduction in working capacity of 81% or more; children born when the father dies and the mother is pregnant;
b) A wife at least 55 years old or a husband at least 60 years old; a wife under 55 years old, a husband under 60 years old with a reduction in working capacity of 81% or more;
c) Biological parents, biological parents of the wife or husband, legal parents of the wife or husband, and other family members whom the social insurance participant is obliged to care for according to the law on marriage and family, if they are at least 60 years old for men, at least 55 years old for women;
d) Biological parents, biological parents of the wife or husband, legal parents of the wife or husband, and other family members whom the social insurance participant is obliged to care for according to the law on marriage and family, if they are under 60 years old for men, under 55 years old for women and have a reduction in working capacity of 81% or more.
3. Dependents specified in points b, c, and d of Clause 2 of this Article must have no income or have an income less than the statutory pay rate. Income as stipulated in this Law does not include the allowance prescribed by law on preferential treatment for people with meritorious services.
4. The deadline for requesting a medical examination for determining the reduction in working capacity to receive monthly survivorship benefits is as follows:
a) Within 04 months from the date the social insurance participant dies, the dependent must submit an application if they wish to;
b) Within 04 months before or after the dependent specified in point a of Clause 2 of this Article ends the benefit period, they must submit an application if they wish to.
Those specified in Clauses 1 and 3 of Article 66 of the Social Insurance Law 2014 who fall under one of the following cases shall receive monthly survivorship benefits when they die:
- Having paid social insurance for 15 years or more but not yet receiving a lump-sum social insurance;- Receiving a pension;- Dying due to a workplace accident or occupational disease;- Receiving monthly workplace accident or occupational disease benefits with a reduction in working capacity of 61% or more.
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