Illegitimate children can be SSS beneficiaries

Illegitimate children can be SSS beneficiaries "My father, a member of the Social Security System since 1998, died last month. He designated me as his primary beneficiary entitled to his death benefits. I am 19 years old and an illegitimate child of my father. He has no other relatives except for his two sisters. Am I qualified to be my father’s beneficiary? Am I entitled to his death benefits? PeterDear Peter, Republic Act 8282, otherwise known as the “Social Security Act of 1997” (An Act further strengthening the Social Security System, thereby amending for this purpose Republic Act 1161, as amended, otherwise known as the “Social Security Law”), is applicable to your situation. Sections 8 and 13 of the said law state:“SECTION 8. Terms Defined. — For purposes of this Act, the following terms shall, unless the context indicates otherwise, have the following meanings: “(e) Dependents — The dependents shall be the following: xxx“(2) The legitimate, legitimated or legally adopted, and illegitimate child who is unmarried, not gainfully employed, and has not reached twenty-one (21) years of age, or if over twenty-one (21) years of age, he is congenitally or while still a minor has been permanently incapacitated and incapable of self-support, physically or mentally xxx “S(k) Beneficiaries — The dependent spouse until he or she remarries, the dependent legitimate, legitimated or legally adopted, and illegitimate children, who shall be the primary beneficiaries of the member: Provided, That the dependent illegitimate children shall be entitled to fifty percent (50%) of the share of the legitimate, legitimated or legally adopted children: Provided, further, That in the absence of the dependent legitimate, legitimated or legally adopted children of the member, his/her dependent illegitimate children shall be entitled to one hundred percent (100%) of the benefits. In their absence, the dependent parents who shall be the secondary beneficiaries of the member. In the absence of all of the foregoing, any other person designated by the member as his/her secondary beneficiary.“SECTION 13. Death Benefits. — Upon the death of a member who has paid at least thirty-six (36) monthly contributions prior to the semester of death, his primary beneficiaries shall be entitled to the monthly pension. xxx” (Emphases supplied)Applying the above-mentioned law to your situation, you as the designated primary beneficiary of your father shall present evidence that you are below 21 years old, not married and not gainfully employed. After proving your claim, you shall be entitled to receive his monthly pension. Lastly, you are entitled to receive 100 percent of the benefits under the Social Security Act of 1997 since you are his sole dependent and primary beneficiary.We hope that we were able to answer your query. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. 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/