Eligibility for ESIC Medical Benefits for Family Members
As per Section 46(2) of the ESI Act, 1948, the family of the insured person is entitled to medical benefits from ESIS institutions under certain terms and conditions as laid down in the ESI Act, 1948, and the rules/regulations framed thereunder. According to Section 2(11), the term "family" does not include the father-in-law or mother-in-law. Therefore, these relatives are not entitled to medical facilities based on the ESI entitlement of their son-in-law or daughter-in-law. However, if their own son or daughter is covered under ESIS, then naturally they will be entitled to medical facilities from ESIS as part of the "family" as defined under the relevant section mentioned above.
However, Section 2(11) stipulates that the parents must be "dependent," and their income from all sources should not exceed the amount prescribed by the Central Government. A limit of Rs. 5000 per month has been set by the government in Rule 61-A of the ESI (Central) Rules, 1950. Therefore, parents whose income from all sources exceeds Rs. 5000 per month are not entitled to ESIS medical facilities, even if they are part of the "family" as defined under the said Act.