Dear friends, I am attaching a copy of the notification dated 8.2.2012 regarding the ESI (Central) Amendment Rules 2012. According to the notification, the minimum amount for dependent benefit has been fixed at Rs. 1,200/- per month with effect from 1.3.2012. A copy of the circular and press release related to this matter is also attached.
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From India, Malappuram
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From India, Malappuram
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can you tell me previously it was at what? Now what changes are need to do as an HR. Will it be payable by company? Pls. give me the detail. Thanks, Shweta
From India, Gurgaon
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From India, Gurgaon
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Haven't received my answer yet. Can any of you tell me what it was previously at? Now, what changes are needed to be made as an HR? Will it be payable by the company and when? Please give me the details.
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Shweta
From India, Gurgaon
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Thanks,
Shweta
From India, Gurgaon
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Rule 58 as amended reads as under:
Dependents' Benefits
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 the 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 her lifetime until remarriage, an amount equivalent to three-fifths of the full rate. If there are two or more widows, the amount payable to the widows as aforesaid shall be divided equally between them.
- (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 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 a legitimate or adopted unmarried daughter who is infirm and 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 and she remains unmarried.
Provided further that if the total of the dependents' benefits distributed among the widow or widows and legitimate or adopted children [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 her lifetime, an amount equivalent to two-fifths of the full rate.
(B) In case the deceased person does not leave a widow or legitimate or adopted child or widowed mother, dependents' benefits shall be payable to other dependents as follows:
- (a) To a parent other than the widowed mother or grandparent, for life, at an amount equivalent to three-tenths of the full rate. If there are two or more parents (other than the widowed mother) or grandparents, the amount payable to the parents (other than the widowed mother) or grandparents 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 dependents' benefits shall be ninety percent 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 dependents' benefits 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 percent 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 percent of wages actually earned or which would have been earned had he worked for a full day on the date of the accident, rounded to the next higher rupee:
Provided that the total amount of the periodical monthly payment of dependents' benefits payable to all eligible dependents of a deceased employee shall be not less than one thousand two hundred rupees.
Thus, it will be seen that earlier dependents' benefits were 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.
From India, Malappuram
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Dependents' Benefits
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 the 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 her lifetime until remarriage, an amount equivalent to three-fifths of the full rate. If there are two or more widows, the amount payable to the widows as aforesaid shall be divided equally between them.
- (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 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 a legitimate or adopted unmarried daughter who is infirm and 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 and she remains unmarried.
Provided further that if the total of the dependents' benefits distributed among the widow or widows and legitimate or adopted children [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 her lifetime, an amount equivalent to two-fifths of the full rate.
(B) In case the deceased person does not leave a widow or legitimate or adopted child or widowed mother, dependents' benefits shall be payable to other dependents as follows:
- (a) To a parent other than the widowed mother or grandparent, for life, at an amount equivalent to three-tenths of the full rate. If there are two or more parents (other than the widowed mother) or grandparents, the amount payable to the parents (other than the widowed mother) or grandparents 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 dependents' benefits shall be ninety percent 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 dependents' benefits 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 percent 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 percent of wages actually earned or which would have been earned had he worked for a full day on the date of the accident, rounded to the next higher rupee:
Provided that the total amount of the periodical monthly payment of dependents' benefits payable to all eligible dependents of a deceased employee shall be not less than one thousand two hundred rupees.
Thus, it will be seen that earlier dependents' benefits were 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.
From India, Malappuram
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ESI Central Amendment Rules 2011.pdf