Dependent child must be under 21, single, unemployed

Dependent child must be under 21, single, unemployed "My boyfriend’s mother died last April. Can my boyfriend claim his mother’s death benefits from SSS? MarielDear Mariel, Death benefits are cash benefits given to the beneficiaries of a deceased member. It may either be in the form of a monthly pension or lump sum. The monthly pension is given to the primary beneficiaries of the deceased member who has paid at least thirty six monthly contributions prior to the semester of his death. The primary beneficiaries will be given a lump sum if the deceased member has not paid the required thirty six monthly contributions. A secondary beneficiary of a deceased member who has complied with the required contributions will also be given a lump sum (Section 13, RA 8282).The primary beneficiaries referred to in the preceding paragraph pertain to the dependent spouse until he or she remarries, the dependent legitimate, legitimated or legally adopted and illegitimate children of the deceased member. In their absence, the dependent parents shall be considered as the secondary beneficiaries. If nobody qualifies to be a primary or secondary beneficiary, the person designated by the member as his or her secondary beneficiary will be considered as such (Section 8(k), ibid.) Your boyfriend can rightfully claim his mother’s death benefits from SSS if he may still be considered as a dependent legitimate, legitimated or legally adopted or illegitimate child of his mother. To be considered dependent, a child must be unmarried, not gainfully employed and has not reached twenty-one years (21) of age, or if over twenty one (21) years of age, such child is congenitally or while still a minor has been permanently incapacitated and incapable of self-support, physically or mentally (Section 8(e), ibid.). If he is otherwise, he may no longer be considered as a dependent child. In which case, the death benefits will be given to the dependent spouse and the other dependent children of his mother, if there are any, or in their absence, to the dependent parents who are receiving regular support from your boyfriend’s mother. In default of the secondary beneficiaries, the person designated by the member as his or her secondary beneficiary will be entitled to the death benefits. However, if no person qualifies to be a primary or secondary beneficiary as defined in the foregoing, the death benefits of a member shall be paid to the legal heirs of the deceased member in accordance with the law of succession (Section 15, ibid.) A person’s legal heirs are the following: 1) legitimate children and descendants, with respect to their legitimate parents and ascendants 2) in default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants 3) widow or widower 4) acknowledged illegitimate children (Article 887, Civil Code of the Philippines).Finally, we want to remind you that this opinion is solely based on your narration of facts and our appreciation of the same. The opinion may vary if other facts are added or elaborated. We hope that we were able to address your concern.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/