Can an elderly person with multiple children who died receive alimony?

OneHow much is the compensation for parental support for work-related deaths

Apply for work-related death first, and ask for funeral expenses, pensions and one-time work-related death allowances.

The standard of funeral expenses is 6 months' average monthly salary of employees in the overall area where the unit is located in the previous year.

1. Completely incapacitated to work; The spouse of the deceased employee is at least 60 years old for men and 55 years old for women; The parents of the deceased employee are at least 60 years old for males and 55 years old for females; The children of the deceased employee are under the age of 18; The parents of the deceased employee are both deceased, and his grandfather or maternal grandfather is at least 60 years old, and his grandmother or maternal grandmother is at least 55 years old; The children of the deceased employee have died or have completely lost the ability to work, and their grandchildren or grandchildren are under the age of 18; The parents of the deceased employee have died or have completely lost the ability to work, and their siblings are under the age of 18.

2. The pension standard for dependent relatives is: spouse, 40% of the monthly salary of the deceased employee every month; For other relatives, 30% of the monthly salary of the deceased employee shall be paid every monthEach person who is alone or orphaned will be increased by 10% per month on the basis of the above standard

IIThe standard of compensation for work-related injuries and deaths in enterprises

According to Article 37 of the Regulations on Work-related Injury Insurance of China, 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;

2. The pension for dependent relatives shall be paid to the relatives who provided the main living allowance 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 or orphan

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 labor and social security administrative department;

3. The standard of one-time work-related death subsidy is the average monthly wage of employees in the overall area of 48 months to 60 months in the previous year. The specific standards shall be reported to the people of provinces, autonomous regions and municipalities directly under the Central Government for the record in accordance with the provisions of the local economic and social development conditions.

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 the first to fourth grades dies after the expiration of the period of suspension with pay, his immediate family members may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

If the person concerned has the obligation to support the elderly, the elderly can receive a lump sum of alimony.

I think the old man should be able to wait for alimony, if the factory dies, he will have alimony for the elderly and children, and some countries will accompany you for a visa, and there will be this kind of compensation.

No matter how many children there are, as long as one of them is on duty, the elderly will definitely get alimony.

There are many children, among whom the old man Wang of the workers should also receive alimony.

It is recommended that if there is such a problem around you, it is better to find a professional lawyer for consultation.

1.Children have the obligation to support the elderly, and each child's obligation to support the elderly should be the same.

Number Sakura 2According to the provisions of Paragraph 2 of Article 39 of the Regulations on Work-related Injury Insurance, if the conditions for receiving the pension for dependent relatives are met, a certain proportion of the employee's salary may be paid from the work-related injury insurance** to the relatives who provided the main livelihood of the employee who died on the job and were unable to work. The standard is potato powder:

40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for widows or orphans. Nucleus.

3.If you don't understand anything, you can call 12333 directly to consult the local labor department! The above is the relevant answer to the question of how much alimony for the elderly in workers' compensation is, I hope you are satisfied.

Summary. If there are children, the children shall fulfill the obligation of support to their parents, and the children, as supporters, shall not only fulfill the obligation to provide financial support to the elderly, but also shall fulfill the obligation of daily care and spiritual comfort, and take care of the special needs of the elderly. It is important to note that both sons and daughters have an obligation to support their parents.

If a dependent elderly person has multiple children, whether the maintenance of one of the sons should be shared equally with the other children if one of the sons dies in an accident.

Hello, I am here for you with this question. This is Xiaojiu Teacher I have received your question is being answered for you, please wait patiently for 3 or 5 minutes, and answer it for you soon

If there are children, the children shall fulfill the obligation of support to their parents, and the children, as supporters, shall not only fulfill the obligation to provide financial support to the elderly, but also shall fulfill the obligation of daily care and spiritual comfort, and take care of the special needs of the elderly. It is important to note that both sons and daughters have an obligation to support their parents.

The other children share the support of the elderly equally.

In the event of the accidental death of a child, the living expenses of the dependents shall be determined according to the degree to which the dependents lose their ability to work. If the parents are able to support themselves on a regular basis, they can receive maintenance from the age of 60 onwards. Legal Links:

Article 28 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 Article 28: The living expenses of dependents shall be calculated according to the degree of the dependent's inability to work, and in accordance with the standards of the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural 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. If the dependents have other dependents, the person obligated to compensate only the victim shall be liable for the portion that should be borne by law. Where there are several dependents, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living expenditure of rural residents in the previous year.

If more than one child supports the elderly, an agreement on the content of support may be entered into under the will of the elderly, and the children shall perform their maintenance obligations in accordance with the maintenance agreement after the maintenance agreement is concluded. If there is no agreement on maintenance, the child shall bear and fulfill the maintenance obligation equally. A child cannot fail to fulfill his or her obligation to support his or her parents on the premise that he or she does not inherit the inheritance of his parents.

Article 1067 of the Civil Code, which came into effect on January 1, 2021, stipulates that if parents fail to fulfill their maintenance obligations, minor children or adult children who cannot live independently have the right to demand maintenance from their parents. Parents who fail to fulfill their obligation to support their adult children, who lack the ability to work, or who have difficulties in making ends meet, have the right to demand maintenance from their adult children.

Article 26 of the Civil Code of the People's Republic of China: Parents have the obligation to raise, educate and protect their minor children. Adult children have an obligation to their parents to support, support and protect them. Article 1067 of the Civil Code of the People's Republic of China: Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to request that their parents pay early child support.

If the adult child does not fulfill the obligation of support, the parents of the elder brother who lack the ability to work or have difficulties in living have the right to demand that the adult child pay alimony.

For multiple children to support the elderly, the distribution of alimony is as follows:

1. Multiple children may enter into an agreement on the maintenance of the elderly under the will of the elderly, and the children shall perform their maintenance obligations according to the maintenance agreement after the maintenance agreement is concluded;

2. If there is no agreement on maintenance, many children have the obligation to support their parents, and the children shall bear and fulfill the maintenance obligations.

1. What are the expenses included in alimony?

When the elderly ask their children to fulfill their maintenance obligations, it is best to understand what alimony 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.

3. The nursing expenses of the elderly who cannot take care of themselves.

4. Housing expenses for the elderly.

5. Necessary spiritual consumption expenditure.

6. Necessary insurance costs.

To sum up: it is the obligation of the child to support the elderly, and this obligation cannot be waived or transferred by agreement. Even if there are many children, each child has the obligation to support the elderly, and the support can be carried out according to the agreement between the children.

Children can provide living expenses for the elderly, which should be determined comprehensively according to the financial ability of the supporter, the needs of the elderly, and the local living standard. The above knowledge is the answer to the relevant legal questions, I hope it will help you.

Article 1067 of the Civil Code stipulates that if the parents fail to fulfill the obligation to support them, the minor children or adult children who cannot live independently have the right to demand that the parents pay child support.

Parents who fail to fulfill their obligation to support their adult children, who lack the ability to work, or who have difficulties in making ends meet, have the right to demand maintenance from their adult children.

Article 14 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates that the supporter shall fulfill the obligation of economic support, daily care and spiritual comfort for 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 20: With the consent of the elderly, the supporters may sign an agreement on the performance of the maintenance obligation. The content of the maintenance agreement must not contravene the provisions of the law and the wishes of the elderly.

Basic-level mass autonomous organizations, organizations for the elderly, or the unit to which the supporter belongs supervises the performance of the agreement.