Dependents-Benefits (Section 52 of the ESI Act)
Dependants benefit is paid as family pension to the dependants of a deceased insured person in the event of death due to employment injury or occupational disease
- A widow can receive this benefit on a monthly basis for life or till her re-marriage.
- A son or daughter can receive this benefit till twenty five years of age.
- Other dependants like parents including a widowed mother etc. can also receive this benefit under certain conditions.
- The first installment is payable within a maximum of three months following the death of an insured person and therefore, on a regular monthly basis.
The dependants benefit is payable to the dependants as per Section 52 of the Act read with provision of 6(A) of Section 2 in cases where an IP dies as result of Employment Injury (EI). The age of dependants, has to be determined either by production of Documentary evidence as specified in Regulation 80(2) or Age certified by Medical Officer In charge of Government Hospital or Dispensary.
- Section 60 of the ESI Act provides that ESI benefits are not assignable or attachable.
- Section 65 of the ESI Act specifies that where a person is entitled to more than one benefit. he/she shall be entitled to choose which benefit he/she shall receive.
- Section 71 of the ESI Act states that a benefit is payable upto and including the day of death.
|Condition||Duration||Share Of Dependent|
|No Condition||A widow, during lifetime until re-marriage||3/5 th of full rate (90% of the avg. daily wages)|
|Widowed mother during lifetime||2/5 th of full rate|
|Son who has not attainted the age of 25years, unmarried daughter||Do|
|If wholly dependant on the earnings of the insured person at the time of his death, a son or daughter who has attained the age of twenty five and who is infirm.||Do|
|A. Parent other than widowed mother
B. Minor illegitimate son, Unmarried illegitimate daughter etc
3/10th of full rate
2/10th of full rate