-
Funeral expenses refer to the expenses incurred by the relatives of the victims for the burial of the deceased victims by infringing on the right to life of a natural person and causing the death of the victim. It is generally used for the deceased's clothing, plastic surgery, body storage, transportation, farewell ceremony, cremation, urn, ashes storage, etc., which is obviously a property loss, and the obligor shall compensate for such losses.
Standards for funeral expenses in Shanghai: Article 27 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases states that "funeral expenses shall be calculated in accordance with the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months." "If a traffic accident causes death, the legal heirs of the deceased or the person who bears the funeral obligation have the right to demand funeral expenses.
In the past, the expenses incurred by the family of the deceased for the burial of the deceased were limited. The funeral compensation standards of many provinces and cities are handled in accordance with the principles of the Interim Provisions on Funeral Management and the Regulations on the Place Where the Traffic Accident Occurred, and the total income of the deceased in the first 6 months of his life is limited. About 3000-4000 yuan.
Generally, it includes the cost of transporting the body and cremation. Reasonable expenses such as the purchase of urns, the storage of ashes in the first phase, and the labor costs and necessary transportation expenses paid by the hired personnel. However, if it exceeds the above standards, upon review by the court, it is truly necessary, and compensation may be calculated on the basis of the actual loss of funeral expenses.
The family of the deceased will not be compensated for the expenses incurred in refusing to implement the decision of the relevant department to set a time limit for funeral without justifiable reasons.
The judicial interpretation stipulates that the total amount for six months shall be calculated in accordance with the average monthly wage standard of employees in the previous year at the location of the court where the lawsuit is filed. This standard is the most concise and convenient.
-
Those who have children to support are normal or who have died due to illness, no; There are those who have no children and no daughters; Because of the accident, there is.
-
Those who are over 80 here have funeral expenses, and those who have not died 80 or older also have old age allowances.
-
There is a funeral subsidy for the death of the elderly in rural areas, and the subsidy is calculated according to the local economic level and the local wage base, which is generally a six-month subsidy from the local wage base.
-
I feel that this should depend on the local policy, many people don't know this, and it seems that many lonely and widowed elderly people will be handled by the local ** after the death of related things, if there are relatives at home, it is up to them to add someone to deal with the follow-up, <>
-
When an elderly person dies in a rural area, we have 5,000 yuan for funeral expenses here.
Take all the formalities and go to the village committee for reimbursement.
-
No, there will be in the countryside.
-
Yes, the elderly can go to receive funeral expenses when they die.
-
There should be, and there should be after the age of sixty
-
How much funeral expenses do retired servicemen have when they die in a rural household.
-
Yes, crematoriums generally have notices to teach you how to operate, if not, consult the village officials.
-
Legal analysis: For the elderly in rural areas, if they participate in the new rural insurance, there are funeral expenses, and the funeral expenses are calculated according to the funeral expenses subsidy standard stipulated in the area where the accident occurred, which has nothing to do with the status before death, and has nothing to do with income. Funeral expenses refer to one-time funeral expenses used for funeral matters when an employee dies on the job or dies after retirement due to work-related disability.
It will be paid by the original employer. According to the relevant national regulations on labor insurance, the amount is generally the average salary of all employees of the enterprise for three months. In the event of the death of a staff member of a state organ, the expenses related to the funeral shall be paid in a lump sum in accordance with the prescribed amount, regardless of the rank of the employee, and the family shall take care of the use of the funeral.
If an employee dies on the job, his close relatives shall receive funeral allowances, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions:
1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;
2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.
The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department;
3) The standard of one-time work-related death subsidy is 20 times the per capita disposable income of urban residents in the previous year (21,810 yuan per capita disposable income of urban residents in 2011).
Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.
Legal basis: "Social Insurance Law of the People's Republic of China" Article 17 If an individual who participates in the basic endowment insurance dies due to illness or non-work-related reasons, his surviving family members can receive funeral subsidies and pensions. The required funds are paid out of the basic pension insurance**.
-
After the death of an elderly person in a rural area, the state funeral subsidy is 800 yuan.
Rural funeral subsidies, also known as pension insurance funeral expenses for urban and rural residents, have been implemented since January 1, 2015, and are divided into the following two situations:
1.For those who participate in rural endowment insurance and pass away before reaching the pension age, their accumulated pension insurance premiums and corresponding financial subsidies given by the state will be refunded, and there is no corresponding funeral subsidy.
2.For those who have passed away and have received a postponed pension, the insurance money that has not been completed will be returned, and a funeral subsidy of 800 yuan will be given.
Rural cremation subsidy, the relevant subsidy needs to be received by the relevant personnel to the township Ministry of Human Resources and Social Security to submit the conditions for receiving funeral expenses, after the review conditions are qualified, the township will send the money to the village collective, and the villagers will collect it by themselves with their ID cards.
In addition, the pension of the elderly in rural areas cannot be received after their death. That is to say, if the insured person dies, the balance of funds in his personal account, in addition to the ** subsidy, will be received by the legal heirs or designated beneficiaries in a lump sum. The heirs can only receive the balance of funds in the account, and if they continue to receive it without reporting their death, it will form an act of defrauding the pension and will be subject to administrative and criminal liability.
-
Legal analysis: There are funeral expenses for the death of the elderly in rural areas. The standard of funeral expenses is calculated according to the standard state of funeral expenses subsidy stipulated in the area where the accident occurred, and has nothing to do with the status before death, nor has it to do with income, due to the different development levels of each region, the funeral expenses may also be different, and are received by the immediate family of the deceased.
After the death of an elderly person in a rural area, the state funeral subsidy is 800 yuan. Rural funeral subsidies are also known as funeral expenses for urban and rural residents' pension insurance.
Legal basis: Article 17 of the Social Insurance Law of the People's Republic of China Article 17 If an individual who participates in the basic endowment insurance dies due to illness or non-work-related reasons, his surviving family members may receive funeral subsidies and pensions; Those who completely lose their ability to work due to illness or non-work-related disability when they have not reached the statutory retirement age may receive sickness and disability allowance. The required funds are paid out of the basic pension insurance**.
-
If an elderly person in a rural area dies and participates in the basic pension insurance, and the cause of death is illness or non-work-related death, his surviving family members can receive funeral subsidies and pensions.
If the elderly do not participate in the basic pension insurance, or the death is a normal natural death, there is no funeral expenses.
Legal basis: Article 16 of the Social Insurance Law provides that individuals who participate in the basic endowment insurance and have paid contributions for 15 years when they reach the statutory retirement age shall receive the basic pension on a monthly basis. Individuals who participate in the basic endowment insurance and have paid contributions for less than 15 years when they reach the statutory retirement age can pay for 15 years and receive the basic pension on a monthly basis; It can also be transferred to the new rural social endowment insurance or urban residents' social endowment insurance, and enjoy the corresponding endowment insurance benefits in accordance with the regulations.
Article 17 of the Social Insurance Law: If an individual who participates in the basic endowment insurance dies due to illness or non-work-related reasons, his surviving family members can receive funeral subsidies and pensions; Those who completely lose their ability to work due to illness or non-work-related disability when they have not reached the statutory retirement age may receive sickness and disability allowance. The required funds are paid out of the basic pension insurance**.
-
Expenses incurred during the funeral process include: In order to arrange the expenses for renting a venue for the farewell ceremony of the deceased's friends and relatives, the expenses for arranging the remains of the deceased, cremation, transporting the corpse, refrigerated parking for the corpse, booking hearses, storing ashes, purchasing tombstones, etc., the necessary expenses for the burial of the deceased, the fees for the use of the tomb area and the purchase of coffins for the burial of the deceased that do not exceed the standards prescribed by the people of the provinces, autonomous regions, and municipalities directly under the Central Government, and the necessary expenses for arranging banquets for relatives and friends for the funeral of the deceased in many rural areas, etc. Before the promulgation of the judicial interpretation on compensation for personal injury, there was actually another way to compensate for actual losses, that is, to pay compensation according to the actual losses of the funeral.
The items that should be compensated are: the expenses of the longevity clothes for the death of the victim of the longevity clothing expenses shall be compensated. The purchase cost of the shroud shall be an ordinary shroud, and if the victim's family uses a high-grade shroud to decorate the funeral, only the loss of the general standard shroud shall be compensated.
The cost of transporting the body and cremation is an expense that must be incurred and should be compensated in full, and the urn fee is only compensated for the purchase cost of the urn in areas where there is a cremation place, and the standard is a medium cost. If the victim's family uses a high-grade urn, it is calculated at a moderate purchase cost. In areas where there is no cremation place, the cost of the purchase of the coffin shall be compensated, and the cost of storage of ashes shall be compensated for the cost of placing the urn for only one period.
If burial is necessary, appropriate compensation for burial expenses will be made.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 27: Funeral expenses are calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and are calculated on the basis of the total amount for six months.
If the body of the elderly is not at home, children can go, but it is best to avoid it, and if the elderly person dies in the hospital, they can go to the house. Because the yin qi is too heavy, it is best not to go to this occasion. There are some things that must be disbelieved, and it is better to believe in them than to believe in them.
1. The deceased rest in peace, and the living work hard.
2. The deceased has ascended to the fairy world, and the living mourn smoothly. >>>More
Can be calledJoy and mourningThe conditions are different in many places, some places have strict customs and habits, and some places do not have too many restrictions. In fact, logically speaking, it is a sad thing for an old man to die in the family, and many of the younger generations of the old are also crying very sadly. However, our funeral culture is not static, in many areas, as long as some basic conditions are met, the family will not only not be particularly sad after the death of the elderly, but will also call it a happy funeral. >>>More
The 90-year-old man passed away, what to do with the clothes and shoes before his death?The clothes and shoes of a 50-year-old man can be given to good relatives and friends who are older before his death. Some of them can be burned with the death of the elderly.
The ancients kept filial piety for a relatively long time, generally as long as three years. In the Han Dynasty, during the period of filial piety, people had to stop all entertainment activities, even banquets for friends, not to participate in examinations, not to be officials, not to marry, and to change their daily clothes to plain colors. On the day of the death of relatives, they made a big salute and burned incense and bowed. >>>More