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Business Topic

Introduction to Death of Family Members

  1. Benefit Item
  2. Benefit Standard

    Funeral grant is paid according to the following standard based on the average monthly insurance salary from the six month before the dependent dies (including the month the dependent dies).

    1. 3 months shall be granted if parents or spouse die.
    2. 2.5 months shall be granted when children aged 12 or above die.
    3. 1.5 months shall be granted when children aged less than 12 die.
  3. Application Procedure
  4. The following documents (should be imprinted with the seal) shall be submitted when apply for funeral grant:
    1. Application form for Dependent Death Benefits and Receipts for Payment.
    2. Death Certificate or written autopsy reports issued by public prosecutor.
    3. Copies of household certificate with the dates of dependent' death recorded and the insured person's ID or copies of household certificate. If the deceased are the children of the insured person, certificate of household registration with the death date of the deceased recorded shall be enclosed; if the deceased are the adopted children, the certificate of household registration with the adoption and registration dates recorded should be submitted.
  5. Deceased's name, birth date, deceased date or national identification number, for example, if those data on death certificate (Written autopsy reports issued by public prosecutor) is different from what has been recorded in household registration, the applicant should contact the issuing organization to correct and make them identical.
  6. spanIf the applicants are foreign nationals who are living in this country, copies of residence permit, passport or Permit for entering and leaving the country shall be submitted.
  7. In the event that the applicants of the foreign labor are in a foreign country and unable to collect the payment in Taiwan, they shall prepare Power of Attorney and documents to entrust the insured unit or relatives in Taiwan to receive and transfer the payment, or remit the amount to their bank account.
  8. If documents issued by foreign countries are submitted, a Chinese-translation of those documents shall be provided and the documents shall be validated by our diplomatic or representative agencies overseas. If the Chinese translation does not validated, it shall be notarized by the court of laws of this country or notary.
  9. Documents or proof issued by officials in Mainland China area shall be validated by China 's Notary or related organization approved by this country. (Note: Straits Exchange Foundation)
  10. Time Frame for Application

    The time frame for claiming dependent death benefits is five years starting from the eligible date and the rights to claim would be terminated if it is not exercised during the legal time frame.

    Note:
    as advised in Notice No. Lao-Bao-2-1010140557 issued by the Council of Labor Affairs, Executive Yuan, on 26 December 2012, Article 30 of the Labor Insurance Act had been revised under President's Order dated 19 December 2012. The following is a discussion on the legal implications of extending benefit expiry from 2 years to 5 years:

    1. The effective date of the revised regulation was 21 December 2012.
    2. Benefit claims that arise after the effective date of the revision shall be treated according to the revised terms and be vested with an expiry term of 5 years. The legal implications for benefit claims that arose before the revision took effect are explained below:
      1. For benefits which no claims have been made past the 2-year expiry term before the revisions took effect or claims that have been rejected by the Insurer, the right to claim such benefits remains unavailable because of the non-retroactivity principle.
      2. For ongoing administrative remedies involving the Insurer's denial to pay benefits that were past the 2-year expiry term, the Insurer shall not withdraw or change its existing treatment of such cases, but will instead allow the appeal to reach its final decision.
      3. For benefits in which the right to claim have yet to pass the 2-year expiry term at the time the above revisions took effect, the claimer shall be entitled to the 5-year expiry granted under the revised law, which begins from the date the benefit first became available.
  11. Points for Attention
    1. Adopted children shall not claim the death benefit of their birthparents.
    2. Insured persons shall not claim funeral grant for the death of their parents in law.
    3. If the insured persons have a stillborn pregnancy, she could only claim for maternity benefit according to regulations and shall not claim funeral grant.
    4. When the insured persons die and the survival dependents have already claimed the survivor benefit (including a five-month funeral grant and survivor allowances or Survivor pension), according to Article 22 of Labor Insurance Act: “ No insurance benefits may be claimed repeatedly for same contingency”. Other dependents who have labor insurance coverage shall not claim funeral grant again as insured persons.
    5. If parents, spouse or children are all the insured person of labor insurance, only one person could claim funeral grant for the same contingency.
    6. If more than two persons are qualified to claim funeral grant, they should claim the benefit jointly. If they do not claim jointly or another person submit application for the benefit before the insurer grants the benefit, Bureau of Labor Insurance should notify all applicants and ask them to negotiate and designate one person as representative to claim the benefit. If an agreement could not be reached, funeral grant should be calculated and issue the highest benefit amount evenly to all the applicants.
    7. For the address of the applicant on the application form, please fill in the actual address that applicant could receive payment notification.
Last Update:2019-12-06
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