Dear PAO,

I am an only child, and my parents never got married. My mother died when I was only 1-year-old, so my father took care of me. A month ago, my father got into an accident that also caused his death. I just want to know if I can claim his SSS benefits even though I am a non-marital child.

Sheila

Dear Sheila,

Please be informed of Sections 8 and 13 of Republic Act (RA) 8282, otherwise known as the “Social Security Act of 1997,” which states that:

“SEC. 8. Terms Defined. – For purposes of this Act, the following terms shall, unless the context indicates otherwise, have the following meanings: xxx

“(e) Dependents – The dependents shall be the following:

“(1) The legal spouse entitled by law to receive support from the member;

“(2) 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 twenty-one (21) years of age, he is congenitally or while still a minor has been permanently incapacitated and incapable of self-support, physically or mentally; and

“(3) The parent who is receiving regular support from the member. xxx

“(k) Beneficiaries – 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: Provided, That the dependent illegitimate children shall be entitled to fifty percent (50%) of the share of the legitimate, legitimated or legally adopted children: Provided, further, That in the absence of the dependent legitimate, legitimated 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.

“SEC. 13. Death Benefits. – Upon the death of a member who has paid at least thirty-six (36) monthly contributions prior to the semester of death, his primary beneficiaries shall be entitled to the monthly pension: Provided, That if he has no primary beneficiaries, his secondary beneficiaries shall be entitled to a lump sum benefit equivalent to thirty-six (36) times the monthly pension. If he has not paid the required thirtysix (36) monthly contributions, his primary or secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the monthly pension times the number of monthly contributions paid to the SSS or twelve (12) times the monthly pension, whichever is higher.”

Based on the above-stated law, you shall be entitled to receive his benefits, provided that you are below 21 years old, not married and not gainfully employed. Also, you are entitled to receive 100 percent of the benefits under the Social Security Act of 1997, as it appears that you are his sole living dependent in the absence of other children and a surviving legal spouse.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.