Question A.2, Labor Law, 2019 Bar Exam

X is a member of the Social Security System (SSS). In 2015, he died without any spouse or children. Prior to the semester of his death, X had paid 36 monthly contributions. His mother, M, who had previously been receiving regular support from X, filed a claim for the latter’s death benefits.

(a) Is M entitled to claim death benefits from the SSS? Explain. (2.5%)

(b) Assuming that X got married to his girlfriend a few days before his death, is M entitled to claim death benefits from the SSS? Explain. (2.5%)

Suggested Answer:

(a) Yes. Answer

Under the Social Security Law, for purposes of claiming death benefits, the primary beneficiaries are the spouse or children; in their absence, the secondary beneficiaries are the parents who are receiving regular support. Rule

In the case at bar, M regularly received support from her child, X. When X died without any spouse or children, M qualified as a dependent of X as a parent who received regular support from the member-decedent. Apply

Thus, M is entitled to claim death benefits from the SSS. Conclusion

(b) No.

Under the Social Security Law, for purposes of claiming death benefits, the primary beneficiaries are the spouse or children; in their absence, the secondary beneficiaries are the parents who are receiving regular support. Rule

In the case at bar, X died legally married to his spouse who is a primary beneficiary. That being the case the spouse is entitled to claim death benefits from SSS, to the ex...

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