|
Q：
|
If the insured does not have a beneficiary specified in the Labor Occupational Accident Insurance and Protection Act, can he/she designate a beneficiary? If not, how to apply for funeral allowance?
|
|
A：
|
-
The survivor’s allowance or survivor’s annuity paid out by occupational accident insurance is not an inheritance and should be received in the order of the specified beneficiaries. The insured is not allowed to designate a beneficiary by himself.
-
If the insured pass away and there are no survivors, the person who paid for the funeral expenses shall submit supporting documents to apply for 10 months of funeral allowance.
|
|
Q：
|
The insured passed away due to an occupational accident. Although there is a spouse left behind, can the parents apply for survivor benefits?
|
|
A：
|
The order in which survivor’s annuity, lump-sum survivor benefits, and survivor’s allowance are claimed. If there are beneficiaries in the previous order, survivors in the latter order are not allowed to claim. However, if the first-order beneficiary (spouse and children) has any of the following circumstances, the second- order parents may claim survivor annuity benefits:
-
Passed away
-
Submit a waiver request
-
Those who fail to apply within one year from meeting the conditions for claiming.
|
|
Q：
|
If the insured person has passed away and was divorced from their spouse, with their children who still minors, how can the insured’s death benefit be claimed?
|
|
A：
|
If the beneficiaries are still minors and the surviving biological parent (father or mother) is alive, they remain the legal guardian of the beneficiaries, even if they are divorced from the insured person. The surviving parent should sign the application and attach a copy of their current residence registration as legal proof. If neither parent can fulfill the rights and obligations toward the minor children, a guardian may be appointed according to Article 1094 of the Civil Code.
|
|
Q：
|
What does “marital relationship lasting more than one year” mean?
|
|
A：
|
For a spouse to claim the survivor’s pension, marriage with the insured person must have lasted more than one year. This duration is calculated by counting backward one continuous year from the date of the insured person’s death.
|
|
Q：
|
Is the application and issuance process for the survivor’s annuity the same as for the permanent disability pension?
|
|
A：
|
No, they are different. The disability pension under occupational injury insurance is paid monthly starting from the month the application is submitted. However, eligible beneficiaries of the survivor’s pension can receive retroactive payments for up to five years from the date the claim is filed.
|
FAQ
