After it has been determined, the required compensation has been paid, and if you die a few years la

The determination of the death of the party was made by the court, and there was no body, so there was no need for burial to incur funeral expenses, and the receipt of the cremation hall was required to receive the funeral expenses, so the situation you described could not receive the funeral expenses.

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 deceased clothing, plastic surgery, body storage, transportation, farewell ceremony, cremation, urn, ash storage, etc.

Funeral expenses collection process: bring the household registration book, the deceased's ID card, two medical insurance certificates and one card (the card must be consumed in full, and the card will not be sent back), and the three receipts issued by the cremation hall will be transferred to the deceased's unit. If the deceased's file is not in the original unit, the original employer will apply for a green file adjustment card for you according to the documents you provide, and at the same time, one of the three receipts will be left.

You can go to the archives of the local labor and employment bureau (department) with the green file adjustment card to retrieve your personal file. If the child handles the file adjustment, you must first ask the deceased's spouse to write a power of attorney before it can be processed, and the staff of the archives department will ask you to make a copy of the deceased's household ID card and cremation receipt to the archives. After calling up the deceased's file, at this point, you still have two receipts left in your hand.

One of them is kept by himself, take the last receipt (cremation receipt) to the community where the deceased is located, and ask the community director to stamp the round seal of the community on the back of the receipt. You can take the deceased's cremation certificate, stamped receipt, personal file, and ID card to the special funeral office of the social insurance company to settle the one-time funeral subsidy. The staff member will check the salary data in your personal file with the data in the computer, and then type out four tables with the funeral expenses of 400 yuan (slightly different regions) plus 10 months' salary.

The person who handles the matter will stamp the personal seal on the four forms, and then go to the settlement office of the social security hall for review, and then stamp the personal seal of the staff who reviewed it, and then return to the place where the seal is first for the head of the department to stamp the personal seal. After the completion of the process, the personal file is returned to the labor department, and after the file is returned, the archives department is asked to stamp the round seal on the four forms, and there are three personal seals and one round seal on the table at this time. One of them is stored in the file, and the other three are sent to the social insurance company for settlement.

The staff will tell you that one month after the completion of the process, the full funeral expenses will be paid to the deceased's salary card (note: the salary of the month is paid normally).

If it has been paid in full, it does not need to be counted as funeral expenses.

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 stipulates that "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. "According to the above provisions, the calculation of funeral expenses shall be based on the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed. The location of the court to which the lawsuit is filed is generally the location of the defendant, and when there is no need to go through litigation procedures, it is deemed to be the location of the person responsible for the accident.

It is calculated as follows:

Compensation for funeral expenses = 6 months of average monthly cavity wages for employees in the previous year in the place where the person responsible for the accident is located.

Provisions on funeral expenses in relevant laws and judicial interpretations.

1.Regulations on Work-related Injury Insurance

Article 37 If an employee dies on the job, his immediate family members shall receive funeral subsidies, 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;

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his immediate family members shall enjoy the benefits provided for in the first paragraph of this article.

Where an employee with a disability of Grade 1 to 4 dies after the expiration of the period of suspension of work with pay, his immediate family members may enjoy the benefits provided for in items (1) and (3) of the first paragraph of this article.

2.Regulations on the Handling of Medical Malpractice

Article 50, Paragraph 7: Funeral expenses shall be calculated in accordance with the funeral expenses subsidy standard stipulated by the place where the medical accident occurred.

3.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 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.

4.Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Cases of Compensation for Personal Injuries Caused by Electric Shock

Item 8 Funeral expenses: Where there are provisions by the relevant national or local authorities, such provisions shall be followed; where there are no provisions, it is to be calculated according to the reasonable expenses of the actual expenses incurred in handling the funeral.

Article 27 of the Interpretation of the Supreme People's Qixiang Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that "the funeral expenses shall be calculated according to the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and the total amount for six months shall be calculated. According to the above-mentioned provisions, the calculation of funeral expenses is based on the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed.

1. Death compensation: The per capita income of urban and rural residents in the previous year * the number of years of compensation on the land of Xiaoliang where the court is sued.

Compensation period: 20 years. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; If the person is 75 years old or older, it will be counted as five years.

2. Compensation for funeral expenses: The average monthly salary of employees in the previous year at the location of the court where the lawsuit is filed* month.

Article 30 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.

I don't know whose perspective you're listening to. Is it a suggestion to Xiaocheng's grandparents or Xiaohong's mother's advice.

If it is a general neutral point of view, my suggestion is that Xiaomei should not ask for any funeral death compensation, after all, Xiaohong was raised by her grandparents, and her grandparents have never asked for child support.

You can calculate an account, and everyone's hearts will be brighter. First of all, funeral expenses are dedicated to the funeral and cannot be allocated in the bank. Dependents' living expenses are dedicated to the dependents.

Then after deducting the funeral expenses and the living expenses of the dependents (at least Xiaohong's money), the remaining death compensation can be divided equally among the heirs, parents, daughters and spouses. Then Xiaomei can get more than 20,000 yuan at most.

In 5-6 years, Xiaomei should also pay child support, but she has not paid it, no matter what the reason, she has not fulfilled the obligation that a mother should fulfill.

Therefore, based on the above situation, I am afraid that what fees Xiaomei asks for will not make much sense in law.

Of course, from the perspective of the child's growth, from the perspective of the law, the child should be raised by the mother. At this point, there is no need for grandparents to force obstruction. It should be turned into a jade silk.

Legal Analysis: From this point of view, the specific amount of compensation for funeral expenses will change from year to year. This requires the person concerned to pay attention to the annual average monthly wage of employees in your area.

Legal basis: "Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Injuries to Personal Stove and Bridge Fluids" Article 27 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.