Question: May I ask if the disabled have not yet received social benefits every month while waiting for the settlement of the dossier to determine the degree of disability, will they be able to receive funeral support? Thank you.
The Law Department - ACDC, advises:
Clause 1, Article 11 of Decree No. 20/2021/ND-CP dated March 15, 2021, of the Government stipulates the subjects supporting funeral expenses as follows:
“Article 11. Financing for funeral cost
1. Individuals below shall receive financing for funeral costs upon their decease:
a) Individuals specified under Article 5 hereof benefiting monthly social benefits;
b) Children of poor single parents specified under Clause 4 Article 5 hereof;
c) Persons from full 80 years old who are enjoying the monthly social insurance survivorship allowance or other monthly allowances”.
Based on the above provisions and in comparison with Article 5 of Decree No. 20/2021/ND-CP, social protection subjects, particularly persons with disabilities who receive postmortem burial expenses, must be persons with severe disabilities who are receiving social benefits every month.
Meanwhile, the disabled have no basis for the process of receiving monthly social benefits since there is no conclusion from the competent authority to conclude the type and degree of disability while waiting for the period of waiting for the settlement of disability dossiers. Therefore, in this matter, persons with disabilities are not eligible to receive support for funeral expenses after death.
