30th March 2012 From India, Gurgaon
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30th March 2012 From India
58. (1) Dependents’ benefits shall be paid to the dependents of the insured person who dies as a result of an employment injury, in the following manner :—
(A) In the case of death of the insured person, the dependents’ benefits shall be payable to his widow, children and widowed mother as follows:—
(a) to the widow during the life until remarriage, an amount equivalent to three-fifths of the full rate and, if there are two or more widows, the amount payable to the widows as aforesaid shall be divided equally between the widows;
(b) to each legitimate or adopted son, an amount equivalent to two-fifths of the full rate until he attains the age of eighteen years :
Provided that in the case of a legitimate or adopted son who is infirm and who is wholly dependent on the earnings of the insured person at the time of his death, dependents’ benefits shall continue to be paid while the infirmity lasts;
(c) to each legitimate or adopted unmarried daughter, an amount equivalent to two-fifths of the full rate until she attains the age of eighteen years or until marriage, whichever is earlier :
Provided that in the case of legitimate or adopted unmarried daughter who is infirm and is wholly dependent on the earnings of the insured person at the time of his death, dependents’ benefit shall continue to be paid while the infirmity lasts and she continues to be unmarried :
Provided further that if the total of the dependents’ benefits distributed among the widow or widows and legitimate or adopted children 53a[and widowed mother] of the deceased person as aforesaid exceeds at any time the full rate, the share of each of the dependents shall be proportionately reduced so that the total amount payable to them does not exceed the amount of disablement benefits at the full rate;
(d) to the widowed mother during life an amount equivalent to two fifth of the full rate.
(B) In case the deceased person does not leave a widow or legitimate or adopted child or widowed mother, dependents’ benefit shall be payable to other dependents as follows :
(a) to a parent other than the widowed mother or grand parent, for life, at an amount equivalent to three-tenths of the full rate and if there are two or more parents (other than widowed mother) or grand parents the amount payable to the parents (other than widowed mother) or grand parents as aforesaid shall be equally divided between them;
(b) to any other—
(i) male dependent, until he attains the age of eighteen years,
(ii) female dependent, until she attains the age of eighteen years or until marriage, whichever is earlier or if widowed, until she attains eighteen years of age or remarriage, whichever is earlier;
at an amount equivalent to two-tenths of the full rate :
Provided that if there be more than one dependent under clause (b), the amount payable under this clause shall be equally divided between them.
(2) The daily rate of dependant's benefit shall be ninety per cent of the standard benefit rate in the contribution period corresponding to the benefit period in which the employment injury occurs:
Provided that where an employment injury occurs before the commencement of the first benefit period in respect of a person, the daily rate of dependants' benefit shall be‑
(i) where a person sustains employment injury after the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent of his average daily wages during that wage period rounded to the next higher rupee;
(ii) where a person sustains employment injury before the expiry of the first wage period in the contribution period in which the injury occurs, ninety per cent of wages actually earned or which would have been earned had he worked for a full day on the date of accident, rounded to the next higher rupee:
Provided that the total amount of the periodical monthly payment of dependants' benefit payable to all eligible dependants of a deceased employee, shall be not less than one thousand two hundred rupees.
Thus it will be seen that earlier dependent's benefit was linked only to the wages earned. However, now the benefit will in no case be less than Rs.1,200 p.m. irrespective of the wages earned.
1st April 2012 From India, Malappuram