AT A GLANCE:
Under Section 8(k) of Republic Act No. 11199, the primary beneficiaries are 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.
Who are considered dependents under the Social Security System?
Under Section 8(e) of Republic Act No. 11199, otherwise known as the Social Security Act of 2018, dependents include the following:
- The legal spouse entitled by law to support from the member of the Social Security System:
- 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 21 years of age, he or she is congenitally or while still a minor has been permanently incapacitated and incapable of self-support, physically or mentally.
- The parent who is receiving regular support from the member.
What happens if a dependent child enters into a common-law relationship?
Section 5, Rule 21 of the Implementing Rules and Regulations (IRR) also states that a child who has entered in a common-law relationship and has not reached the age of eighteen (18) is still a dependent. However, upon reaching the age of 18, the child is no longer qualified as a dependent.
Are all dependents entitled to receive SSS benefits?
Not necessarily. Although the law identifies who may qualify as dependents, entitlement to a particular benefit depends on the applicable SSS provisions. For death benefits, the law distinguishes between primary and secondary beneficiaries and establishes the order in which they may receive benefits.
Who are the primary beneficiaries under the SSS?
Under Section 8(k) of Republic Act No. 11199, the primary beneficiaries are 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.
More specifically, Section 12, Rule 21 of the IRR provides the following as the primary beneficiaries:
- The dependent spouse who has not re-married, cohabited or entered in a “live-in” relationship before or after the death of the member, and
- The dependent legitimate, legitimated or legally adopted and illegitimate children.
Who are the secondary beneficiaries under the SSS?
Secondary beneficiaries may receive benefits only in the absence of primary beneficiaries, subject to the applicable SSS rules.
Under Section 8(k) of Republic Act No. 11199 and Section 13, Rule 21 of its IRR, the secondary beneficiaries are as follows:
- The dependent parents of the deceased member; and
- In the absence of dependent parents, any other person or persons designated and reported by the member to the SSS.
When may primary and secondary beneficiaries receive benefits?
The entitlement and form of payment depend, among other things, on the deceased member’s contributions and whether primary beneficiaries exist.
Under Section 8(k) of Republic Act No. 11199:
Take note that the dependent illegitimate children shall be entitled to fifty percent (50%) of the share of the legitimate, legitimated or legally adopted children
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 the foregoing, any other person designated by the member as his/her secondary beneficiary.
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