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Funeral expenses are the expenses incurred by the compensation obligor to compensate the relatives of the deceased for the funeral of the deceased after the death of the victim. The law adopts a specific standard for the compensation standard of this compensation item, which is calculated on the basis of the average monthly wage standard of employees in the previous year at the location of the court where the lawsuit is filed for 6 months, and the sum of which is the total amount of funeral expenses, of which the "average monthly wage of employees" is determined in accordance with the relevant statistical data of the provinces, autonomous regions, municipalities directly under the Central Government, special economic zones and cities specifically designated in the state plan published by the ** statistical department, and "previous year" refers to the previous statistical year at the end of the debate in the court of first instance. Therefore, regardless of whether the actual cost of handling the funeral matters is more or less, and whether the victim lived in an urban or rural area before his death, there is no difference in the standard of compensation for funeral expenses, and it is determined according to the same standard.
Legal basis] 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.
Funeral expenses shall be 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 shall be calculated on the basis of the total amount for six months.
Paragraph 2 of Article 18 of the Tort Liability Law of the People's Republic of China.
In the event of the death of the infringed person, the person who paid the infringed person's medical expenses, funeral expenses and other reasonable expenses has the right to request compensation from the infringer, unless the infringer has already paid such expenses.
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What is the compensation standard for car accident funeral expenses.
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The latest funeral expenses compensation standard stipulates that if there is an enterprise employee pension insurance before his death, then after his death, the average disposable income of residents in the province in the previous year is multiplied by two to calculate and distribute. However, because the average disposable income of residents varies from place to place, the final amount of income is different. If you pay the pension insurance for urban and rural residents before your death, because the amount of pension each month is not high, you will be directly issued a one-year basic pension as funeral expenses.
If you want to collect it, you must bring the corresponding documents to the local social security agency to handle the collection.
1. Pay the funeral expenses of the enterprise employee pension insurance before the death.
The amount of funeral expenses can be received depends on what kind of pension insurance is paid before death, and how to pay the pension insurance for enterprise employees before death. Then the amount of funeral expenses after death is the average disposable income of residents in the province multiplied by the number two, the economic development level of each province is different, and the disposable income is different, so the final amount is also different.
2. The funeral expenses of urban and rural residents' pension insurance are relatively small.
Some of them paid the pension insurance for urban and rural residents before their deaths, because the amount of their own payment is low, so the funeral subsidy standard after death is also very low, and it is generally a one-year basic pension directly issued as funeral expenses. For example, in many areas, the annual cost is only more than 100 yuan, so the amount of funeral expenses subsidy is more than 1,000 yuan.
3. Bring the relevant documents to the social security institution to collect.
Family members want to receive funeral subsidies to pick up Hu, you have to bring the corresponding documents to the social security institutions to handle, now many areas are in the local government affairs hall to know that there is a window, family members to bring a death certificate, proof of relationship with the deceased, as well as household registration cancellation certificate, bank card, etc. The content of the specific regulations is not exactly the same from place to place.
The family members receiving the funeral expenses must complete the relevant procedures within six months, and if the time period exceeds this time, it will be deemed that the family members have directly given up the payment. From the application for the funeral subsidy to the receipt of the amount, it does not take more than 15 working days, and at present, the government affairs halls in many regions are very efficient, and they can basically arrive in a few hours.
I'll give you an accurate answer! By all means! 1. After the death of cadres and workers of state organs, democratic parties, people's organizations, and public institutions (including retired and retired employees), regardless of their job level, the standard of funeral expenses subsidy is 1,000 yuan per person, which is used as a lump sum and is saved by their families. >>>More
<> burial method has a great relationship with funeral expenses, but in some accidents, the calculation of compensation for funeral expenses is generally the same, that is, funeral expenses = the average monthly wage standard of employees in the previous year at the location of the court where the lawsuit is filed is 6 months. However, this is only a statutory standard, and the expenses spent on the funeral of the deceased exceed the total amount of six months of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and the perpetrator does not have to pay the excess, but the family of the deceased shall bear the excess. >>>More
Funeral expenses and pensions are not part of the estate. After the funeral expenses cover the cost of the funeral, the remaining part can be used as an inheritance. The pension is used as a pension for dependents, not an inheritance. If it belongs to an individual family member, it shall be issued directly to the family member in accordance with the provisions of the law. >>>More
Hello, I hope to help you, I am also handling it for my father, the situation is similar to your father's, I am from Beijing, I don't know if there is a difference between various regions, you can make a reference. First of all, you have to go to the local police station to cancel the account, bring the deceased's household registration book, death certificate, they will stamp the death seal on the household registration page, (the household registration page has a public security bureau seal, the chapter is** which police station to cancel the household) and then look at your father's household registration from the unit after signing in**, if it belongs to the unit's collective household registration, go to the social security office to receive it (urban and rural residents have no funeral subsidy resident funeral subsidy announcement) let the original unit sign and seal, of course, if the unit is bankrupt, your father's household registration should be at home, Then you have to go to the neighborhood office or neighborhood committee to sign and seal. Finally, take a copy of the household registration book, a signed and sealed public notice, a copy of the recipient's ID card, a copy of the death certificate, and a copy of the cremation certificate, and go to the social security office to handle it. >>>More
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. >>>More