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Employees' State Insurance (Central) Rules, 1950


58. Dependants' benefits

(1) Dependants' benefits shall be paid to the dependants of the insured person who dies as a result of an employment injury, in the following manner:-

(A) In the case of death of the insured person, the dependants' benefits shall be payable to his widow and children as follows:-

(a) to the widow during life until remarriage, an amount equivalent to three-fifths of the full rate and, if there are two or more widows, the amount payable to the widows as aforesaid shall be divided equally between the widows;

(b) to each legitimate or adopted son, an amount equivalent to two-fifths of the full rate until he attains the age of eighteen years:

PROVIDED that in the case of a legitimate son who is infirm and who is wholly dependent on the earnings of the insured person at the time of his death, dependants' benefits shall continue to be paid while the infirmity lasts;

(c) to each legitimate or adopted unmarried daughter, an amount equivalent to two-fifths of the full rate until she attains the age of eighteen years or until marriage, whichever is earlier:

PROVIDED that in the case of legitimate or adopted unmarried daughter who is infirm and is wholly dependent on the earnings of the insured person at the time of his death, dependants' benefit shall continue to be paid while the infirmity lasts and she continues to be unmarried:

PROVIDED FURTHER that if the total of the dependants' benefit distributed among the widow or widows and legitimate or adopted children of the deceased person as aforesaid exceeds at any time the full rate, the share of each of the dependants shall be proportionately reduced, so that the total amount payable to them does not exceed the amount of disablement benefits at the full rate.

(B) In case the deceased person does not leave a widow or legitimate or adopted child, dependant's benefit shall be payable to other dependants as follows:

(a) to a parent or grand-parent, for life, at an amount equivalent to three-tenths of the full rate and if there are two or more parents or grandparents, the amount payable to the parents or grandparents as aforesaid shall be equally divided between them;

(b) to any other-

(i) male dependant, until he attains the age of eighteen years,

(ii) female dependant, until she attains the age of eighteen years or until marriage, whichever is earlier or if widowed, until she attains eighteen years of age or remarriage, whichever is earlier;

at an amount equivalent to two-tenths of the full rate:

PROVIDED that if there be more than one dependant under clause (b), the amount payable under this clause shall be equally divided between them.

(2) (a) The daily rate of dependant's benefit shall be forty per cent more than the "standard benefit rate" specified in rule 54 rounded off to the next higher multiple of five paise corresponding to the average daily wages in the contribution period corresponding to the benefit period in which the employment injury occurs.

(b) Where an employment injury occurs before the commencement of the first benefit period in respect of a person, the daily rate of dependant's benefit shall be:

(i) where a person sustains employment injury after the expiry of the first wage period in the contribution period in which the injury occurs, the rate, forty per cent more than the standard benefit rate rounded off to the next higher multiple of five paise corresponding to the wage group in which his average daily wages during that wage period fall;

(ii) where a person sustains employment injury before the expiry of the first wage period in the contribution period in which the injury occurs, the rate, forty per cent more than the standard benefit rate, rounded off to the next higher multiple of five paise corresponding to the group in which wages actually earned or which would have been earned had he worked for a full day on the date of accident/ fall.

Explanation : The dependant's benefit rate calculated as aforesaid shall be called the "full rate".





Employees'   State Insurance (Central) Rules, 1950 Back






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