Is there any funeral expenses for the death of an only child?

The key is to participate in the work or not?

Funeral expenses are not within the scope of inheritance, and the testator can only dispose of the personal property that he legally owned during his lifetime. Funeral expenses, pensions, etc. are all property with special purposes after death, specially used to pay for the funeral expenses of the deceased or the spiritual comfort of the family, so they do not have the nature of personal property, and the testator naturally cannot dispose of these properties in the will, even if they are disposed of in the will, then this act is invalid. However, the personal property legally owned by the elderly during his lifetime shall be executed according to the will, and if there is no will, it shall be inherited according to the law.

According to the provisions of the Inheritance Act, the funeral expenses are first paid by the estate of the deceased, and if the estate of the deceased is insufficient to pay the funeral expenses, the heirs of the deceased bear the shortfall.

Funeral expenses are related expenses incurred by the close relatives of the deceased when handling the funeral affairs of the deceased, generally including corpse transportation expenses, cremation fees, farewell ceremony fees, urn purchase fees, ashes storage fees, etc. The funeral expenses paid by the deceased's unit are a kind of economic help for the relatives of the deceased to handle funeral affairs, and it is used to solve the practical difficulties encountered by the deceased's family in the funeral expenses.

The burial of the deceased is the obligation of close relatives or heirs of the estate, and it is also the moral requirement of public order and good customs in our country, and letting the deceased rest in peace is also a kind of comfort to the relatives of the deceased. The funeral expenses paid by a relative or heir may be deducted from the funeral expenses paid by the unit, and if the funeral expenses paid by the unit exceed the actual expenditure, the excess part may be reasonably divided with reference to the principles of estate treatment in the Estate Law.

The burden of the deceased's funeral expenses should be determined according to different circumstances: first, when the deceased has a tortious relationship, work-related injury insurance relationship, labor contract and employment relationship, social insurance relationship, etc., there are items for the payment and bearing of the funeral expenses, which shall be used in accordance with the principle of non-compensation and non-refund. Second, it is paid out of the deceased's estate, and if there is no inheritance, the deceased's heirs bear it.

Legal Analysis: Not available. If a person dies if he does not reach retirement age, he has no place to receive the socks allowance, i.e., there is no such allowance.

According to the relevant policies, state employees, employees of enterprises and institutions, who have reached the national statutory retirement age and have gone through the retirement procedures, and hold the "Honor Certificate for Parents of One Child" can receive subsidies. This subsidy is awarded to the parents of the only child, and if they die before reaching the retirement age, the children and their spouses have no right to receive this reward on their behalf, which means that the employees of the unit who have died before the retirement age cannot enjoy the one-time subsidy for the only child stipulated by the state.

Legal basis: Population and Family Planning Law of the People's Republic of China

Article 32 Local people at all levels shall rationally allocate and make comprehensive use of health resources, establish and improve a family planning technical service network composed of family planning technical service institutions and medical and health care institutions engaged in family planning technical services, improve technical service facilities and conditions, and raise the level of technical services.

Article 33 Family planning technical service institutions and medical and health care institutions engaged in family planning technical services shall, within the scope of their respective duties, carry out publicity and education on population and basic knowledge of family planning for people of childbearing age, carry out pregnancy examination and follow-up services for married women of childbearing age, and undertake consultation, guidance and technical services for family planning and reproductive health care.

Legal Analysis: If an only child unfortunately dies, regardless of the cause, his or her immediate family members can each receive a certain amount of subsidy and bereavement pension per month. The specific amount varies according to the level of economic development of the locality, and you can consult the family planning regulations of the province or city where you are located.

Legal basis: Article 20 of the "Beijing Municipal Population and Family Planning Regulations" If an only child is disabled by accident and basically loses the ability to work or dies, and his parents no longer give birth to or adopt a child, and the woman is at least 55 years old and the man is at least 60 years old, the people of the district where they are located shall give each person a one-time economic help of not less than 5,000 yuan.

1. What is the compensation standard for the death of an only child?

1. The compensation standard for the death of an only child is as follows:

1) The amount of funeral expenses shall be six months of the average monthly salary of employees in the previous year;

2) The per capita consumption of local residents in the previous year where the living expenses of dependents are for a certain period of time;

3) The amount of death compensation is the per capita disposable income of the previous year for 20 years.

2. Legal basis: Article 16 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.

The living expenses of the dependants are included in the disability compensation or death compensation.

Article 17: The living expenses of dependents are calculated on the basis of the degree of the dependent's inability to work, and in accordance with the per capita consumption expenditure standards of urban residents in the previous year at the location of the court where the lawsuit is filed. if the dependant is a minor, it is calculated to be 18 years old; If the dependant is unable to work and has no other livelihood**, 20 years shall be counted. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Dependents refer to minors who are legally obliged to support the victim or adult close relatives who have lost the ability to work and have no other livelihoods. Where the dependents have other dependents, the compensation obligor shall only compensate the victim for the portion that should be borne in accordance with law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year.

2. What are the principles of compensation for personal injury?

1. The principle of full compensation shall be based on the size of the actual property loss caused by the act, and all compensation shall be made;

2. The principle of property compensation, confirming the rules of property compensation, is to clarify that all damages caused by infringement must be compensated in the form of property;

3. The principle of offsetting profits and losses, if the compensation obligee receives benefits based on the same cause of damage, the benefits shall be deducted from the amount of damages, and the compensation obligor shall compensate for the difference.

Legal analysis: The parents of the only child who died are still alive have a subsidy from the state, which is called the support fund for the single family. China's system of supporting couples in families with disabled or deceased only children is a compensation provided by the state to the elderly from families who are alone.

In December 2013, the state raised the standard of support for urban families who have lost their independence, to 270 yuan and 340 yuan per person per month in urban areas, and 150 yuan and 170 yuan per person per month in rural areas, and established a dynamic growth mechanism, which has been implemented since 2014.

Legal basis: Notice on Further Improving the Work of Supporting Families with Special Difficulties in Family Planning: Since 2014, the special assistance for families with a deceased only child has been increased from 150 yuan per person per month to no less than 800 yuan per person per month, and for families with disabled only children, the special assistance has been increased from 120 yuan per person per month to no less than 500 yuan per person per month;

1. The standard for the payment of funeral expenses. Generally, it is 3 months of the average social salary of the employee in the previous year at the time of death (the year of social security).

2. The payment of the pension includes the standard of probation and release. Generally, it is 10 months of the average monthly social wage of the municipal employee in the previous year at the time of death.

3. The standard for the payment of survivors' expenses. Generally, the survivor's fee (survivor's hardship living allowance) is paid on a monthly basis (or paid in a lump sum).

To sum up, several subsidies after the death of a retiree require family members or children to bring the death certificate, cremation certificate, retirement pension handbook and the ID card of the person in charge to the Human Resources and Social Labor Insurance Bureau for registration.