Where Will The Benefits Go?

After just a few years of being legally and happily married, My cousin Maria from Sorsogon and her husband decided to separate ways without the benefit of a court order. For several years they lived without any help from each other. One day, my cousin learned of her husband's death through the obituary section of a certain local newspaper. Knowing that the deceased was once an active SSS member, she filed death claims with the Social Security System. Unfortunately, her claim was denied. 

Being a shy type person, she did not ask further explanation behind the denial. Through facebook, she narrated the incident and asked for some enlightenment.

This case is similar to the one resolved by Atty. Persida Acosta in her column wherein the person was also facing the same problem as to whether or not she was entitled to the death benefits of her deceased husband who was a member of the SSS. She and her deceased spouse were also separated in fact; were living independently but had no children.

The good lawyer explained that Insofar as the law is concerned, the primary beneficiaries of a member are the ones entitled to death benefits (such as pension) or his secondary beneficiaries in the absence of the former for the lump-sum amount. However, it further provides that for a spouse to be qualified as a primary beneficiary, she must prove the following:

1. She must be the legal spouse;
2. She is dependent to the member-spouse for support. 

Since Maria had been living independently from her husband, she lacked the second requirement which cause the denial of her claims just like what happened to the analogous case mentioned.

The secondary beneficiaries under the law are the dependent parents or in their absence, the person designated by the deceased-member. But they cannot be entitled to the death benefits unless they are designated as secondary beneficiaries.

Maria had no children and had been living separately and independently from the deceased-member. The deceased-member did not provide for his secondary beneficiaries. Now then, where will the benefits go?

Since there is no one entitled for the benefits, It will be escheated in favor of the Government.