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1) The basic alimony for the elderly may be calculated by setting the per capita consumption expenditure of residents in each region and the subsistence allowance allowance in each locality, and combining the proportion of the dependent's income of about 20%. If the amount is higher or lower than the upper or lower limit, the upper or lower limit shall be used as the alimony standard.
2) The medical expenses incurred by the elderly when they are sick shall be included in the alimony according to the amount of the bills of the medical department, except for the insurance claim;
3) If the child is unable to take care of himself due to illness or old age and infirmity, the cost of nursing care shall be included in the alimony payment, and this cost will be calculated according to the certificate of the relevant pension institution or the standard of local general employees;
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1. The latest standard of alimony for the elderly According to the provisions of the Civil Code, "parents have the obligation to raise and educate their children; Children have an obligation to support their parents." If the per capita monthly income of the dependent's or the dependent's family is lower than the minimum subsistence line, the maintenance or maintenance expenses that the supporter or supporter shall bear shall be calculated according to the following method:
Calculation of alimony: First, the per capita monthly income of the child's family is calculated, and when the child's per capita monthly income is lower than the minimum subsistence line, the child is deemed to be unable to provide alimony to his parents. When the per capita monthly income of the children's family is higher than the minimum subsistence allowance, the excess part shall be calculated at 50% for the two children; Maintenance is calculated at 40% for more than three children.
The alimony payable is divided by the number of dependents to arrive at the alimony paid to each dependent. The criteria for determining alimony by the people's court include: the local economic level, the actual needs of the dependent, and the financial capacity of the supporter.
2. What expenses are included in alimony The payment of statutory alimony mainly includes: 1. Basic alimony for the elderly. It mainly includes the clothing, food and daily expenses that the elderly will inevitably incur; 2. The cost of illness of the elderly.
When an elderly person files a lawsuit with the court for a maintenance dispute, the people's court shall determine that the supporter shall bear the medical expenses that have already been incurred and the relatively certain medical expenses that must be incurred in the future for those who have suffered from some chronic diseases. However, the amount and timing of large medical expenses that may occur in the future are uncertain. Therefore, it is generally not possible to make a judgment in favor of a claim for a large amount of medical expenses that may be incurred by an elderly person in the future.
From the perspective of safeguarding the legitimate rights and interests of the elderly and reducing the burden of litigation on the elderly, this law is feasible. 3. The nursing expenses of the elderly who cannot take care of themselves. If the elderly are unable to take care of themselves, their children have the obligation to take care of their basic livelihood, but if they are unable to do so for some reason, the relevant expenses incurred by others or the pension institution for taking care of them on their behalf shall be paid by the children.
4. Housing expenses for the elderly. Dependents have an obligation to properly house the elderly. If the elderly have no house to live in and the elderly do not have their own house, the reasonable rent should be included in the alimony.
5. Necessary spiritual consumption expenditure. Spiritual support for the elderly has become an indisputable legal principle, and the most basic spiritual enjoyment of the elderly, such as cable television, radio, books and newspapers, etc., can be determined as alimony payment content and borne by the obligor. 6. Necessary insurance costs.
In addition to social security, the necessary medical and other insurance benefits for the elderly should also be used for maintenance. Insurance not only provides maximum protection for the elderly, but also shares a lot of risk for children, which is very worth advocating. When children support elderly couples, they not only pay child support, but also actually take care of their parents' daily life.
Of course, although the amount of alimony will be fixed, because the parents are old and prone to illness, if the cost of ** is more, then the money should still be shared equally by the children.
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The standards for alimony for the elderly in 2021 are as follows:
1. The basic alimony for the elderly can be calculated by setting the per capita consumption expenditure of residents in various places and the subsistence allowance subsidy in various places, and calculating it in combination with the proportion of about 20% of the dependent's income.
2. The medical expenses incurred by the elderly when they are sick, except for the insurance claim, the rest of the expenses should be included in the alimony according to the bill amount of the medical department;
3. If the children are unable to take care of themselves due to illness or old age and infirmity, the nursing expenses shall be included in the alimony payment, and this cost will be calculated according to the certificate of the relevant pension institution or the standard of local general employees;
4. The maintenance content should also be calculated on the basis of the corresponding expenditure invoices.
When determining the content and calculation standard of alimony, it is necessary to consider both the necessity of the needs of the right holder and the possibility of the obligor's affordability, and comprehensively balance the interests of all parties under the premise of fully protecting the legitimacy of the elderly.
[Legal basis].
Article 14 of the Law on the Protection of the Rights and Interests of the Elderly: Supporters have the obligation to cultivate the fields contracted by the elderly, take care of the forests and livestock of the elderly, and the proceeds belong to the elderly. Article 15: Supporters must not refuse to perform their maintenance obligations on the grounds of renunciation of inheritance rights or other reasons.
If the supporter fails to fulfill the maintenance obligation, the elderly person has the right to demand that the supporter pay maintenance.
The caregiver shall not require the elderly to undertake work beyond their means. Article 11: Supporters shall perform their obligations to provide financial support, daily care, and spiritual comfort to the elderly, and take care of the special needs of the elderly.
Supporters refer to the children of the elderly and other persons who have the obligation to support them in accordance with the law.
The spouse of the supporter shall assist the supporter in fulfilling the maintenance obligation. Article 23 Where the elderly in urban areas are unable to work, have no livelihood, or have no supporters or supporters, or their supporters and supporters truly lack the ability to support or support, the local people shall give relief.
If the elderly in rural areas are unable to work, have no livelihood, have no supporters and supporters, or their supporters and supporters do not have the ability to support or support, the rural collective economic organizations shall bear the five guarantees of food, clothing, housing, medical care, and burial, and the people of townships, ethnic townships, and towns shall be responsible for organizing and implementing them.
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For the standard calculation of alimony for the elderly, the following points are usually included:
1. The people's court ruled that the standard of alimony shall be determined according to the local economic level, the actual needs of the dependents and the financial capacity of the dependents.
2. Compensation standard: First, calculate the monthly per capita income of the child's family. If a child's average monthly income is below the subsistence minimum, the child is considered unable to provide maintenance to his or her parents.
When the monthly per capita income of a family with one child is higher than the subsistence subsistence threshold, the alimony for a person with two or more children will be calculated as 50%; Child support for more than three children accounts for 40 per cent. The amount of maintenance payable divided by the number of dependents is the amount of maintenance for the dependents.
3.Alimony payment standard: If the actual payment amount is higher than the above calculation standard, it will be calculated based on the actual payment amount; If the actual payment amount is less than the above calculation criteria, it will be calculated according to the above calculation criteria.
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Summary. Hello dear, happy to answer your <>
In 2022, the monthly allowance for supporting the elderly will be more than 2,000 yuan, and for those who are over 60 years old in the family, it will be deducted according to the standard of 2,000 yuan per month, and the non-only child will share the amount of 2,000 yuan with his brothers and sisters.
How much is the monthly support for the elderly in 2022.
Hello dear, happy to answer your <>
In 2022, the monthly allowance for supporting the elderly will be more than 2,000 yuan, and for those who are over 60 years old in the family, it will be deducted according to the standard of 2,000 yuan per month, and the non-only child will share the amount of 2,000 yuan with his brothers and sisters.
The cost of supporting the elderly in 2022: 1, when the per capita monthly income of the children is lower than the minimum guarantee, there is no need to pay alimony, when the per capita monthly income of the children is higher than the minimum guarantee, 50% of the excess is paid, and 40% of the alimony is paid for more than three children, 2. The medical expenses incurred by the elderly are not included in the alimony reimbursement, 3. The nursing expenses incurred when taking care of the elderly, as well as the expenses incurred by the caregivers, are included in the alimony, 4. The expenses incurred by the elderly in their usual food and lodging. Article 22 of the Interim Measures for Special Additional Deductions for Individual Income Tax provides that the maintenance expenses of taxpayers supporting one or more dependents shall be deducted in accordance with the following standards:
1) If the taxpayer is an only child, the deduction shall be based on the standard fixed amount of 2,000 yuan per month; (2) If the taxpayer is not an only child, the deduction amount of 2,000 yuan per month shall be shared between the taxpayer and his siblings, and the amount shared by each person shall not exceed 1,000 yuan per month. It may be shared equally or agreed by the dependents, or it may be designated by the dependents. Where apportionment is agreed upon or specified, a written apportionment agreement must be signed, and the designated apportionment takes precedence over the agreed apportionment.
The specific apportionment method and amount cannot be changed within a tax year. Article 23 stipulates that dependents refer to parents who have reached the age of 60 and grandparents who have reached the age of 60 where their children have died.
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