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Contribution:

This translation has been provided with the kind assistance of Chaninat & Leeds. Chaninat & Leeds practices both family and business law, including K1 visa Thailand.




 

In the case an insured person who is invalid, is, simultanously entitle to receive funeral expenses and allowance upon his death on the status of his insurance and his invalidity according to paragraph one. The beneficary of such insured person shall have the right to receive either the funeral expenses or the allowance receiving under section 73.

Chapter 6
Child Benefits

Section 74.35 An insured person shall be entitled to child benefits provided that such person has paid contributions for a period of not less than twelve months during the period of thirty months before having such entitlement.

Section 75. Child benefits shall consist of:
(1) children living expenses;
(2) children tuition fees;
(3) hildren medical expenses;
(4) other necessary expenses

The above mentioned expenses shall be in accordance with the rules and rates prescribed in the Ministerial Regulations.

Section 75 bis.36 In the case an insured person who is entitled to child benefits under section 74, is an invalidated person with entitlement to either invalidity or death benefit, such person or the person specified under section 75 quarter shall also be entitled to child benefit.

Section 75 ter.37 An insured person shall be entitled to child benefits for his or her legitimate child according to the age as prescribed by the Ministerial Regulations, such entitlement shall be terminated when the child is fully fifteen years of age and shall not exceed two children at a time.

In the case both parents are insured persons, only the father or the mother shall be entitled to child benefits except in the case of registrated divorce or separation, an insured persons who provides the child’s maintenance shall be entitled to such benefit.

Child benefits shall be in accordance with rules, procedures and conditions prescribed in the Ministerial Regulations.

Section 75. quarter.38 In the case where an insured person is dead, child benefits shall be paid to the following persons in respective order:
(1) husband or wife of the deceased or the person who cohabits
publicly as husband or wife with the deceased according to the rule as prescribed by the Secretary - General and is exercising the parental power.
(2) in the case the person specified in (1) does not provide maintenance to the child or his or her parental power is cancelled or he or she is dead, the person who provides maintenance to the child shall be entitled to such benefits.

Chapter 7
Old – Age Benefits

Section 76.39 An insured person shall be entitled to old-age benefits provided that such person has paid contributions for a period of not less than one hundred and eighty months irrespective of whether the period of contribution is consecutive or not.

Section 77. 40 Old – age benefits shall consist of :
(1) monthly allowance namely “Superannuation Pension” ; or
(2) lump sum allowance namely “Superannuation Gratuity”

The above mentioned allowance shall be in accordance with the rules, procedure, period and rate prescribed in the Ministerial Regulations.

Section 77 bis. 41 In the case where an insured person has paid contributions for a period of not less than one hundred and eighty months, such person shall be entitled to old – age benefits as from the month following the month which he or she has reached the age of fifty five, except at such time the said person is continually being an insured person under section 38 or section 41, he or she shall be entitled to old-age benefit as from the month following the month his or her insurance is terminated.

In the case the insured person has paid contributions for a period less than one hundred and eighty months and ceased to be an insured person under section 38 or section 41, such person shall be entitled to old-age benefits.

Section 77 ter. 42 In the case where a person entitled to old-age benefits is subsequently become an insured person, the payment of old-age benefits shall be exhausted until the insurance of such person is terminated under section 38 or section 41, as the case may be.

In the case the insurance is terminated under any causes other than death, such person shall be entitled to old-age benefits.

In the case the insurance is terminated upon death, the insured person’s heirs under section 77 quarter shall be entitled to old-age benefits.

Section 77 quarter. 43 In the case where an insured person who is entitled to old-age benefits under section 77 bis, is dead before receiving such benefits or in the case where a person receiving superannuation pension is dead within sixty months as from the month of his or her entitlement, the heirs of such person shall be entitled to such superannuation pension.

The heirs specified in paragraph one shall be as follows :
(1) legitimate child of the deceased except adopted child or the child adopting to other person, shall be entitled to two portions and in the case the deceased has more than three legitimate children, such heirs shall be entitled to three portions ;
(2) husband or wife shall be entitled to one portion ;
(3) parents or father or mother who is still surviving shall be entitled to one portion.

In the case there are no heirs of any subsection or such heirs is dead before the distribution of benefits, the benefit as prescribed under section 77 (2) shall be distributed among heirs of the same subsection.

Section 77 quinque. 44 In the case where an insured person is simultanously entitled to income replacement under section 71 and to superannuation pension, such person shall, in substitution, be entitled to income replacement under section 71 and superannuation gratuity.

In the case an insured person has already received superannuation pension and subsequently becomes invalidity within the prescribed time under section 38 paragraph two, the payment of superannuation pension shall be terminated and such person shall, in substitution, receive superannuation gratuity ofwhich the amount of superannuation pension paid before the becoming of invalidity shall be deducted from the amount thereof and remit to the fund.

Chapter 8
Unemployment Benefits

Section 78. An employee who is an insured person shall be entitled to unemployment benefits provided that the such employee has paid contributions for a period of not less than six months within a period of fifteen months before becoming unemployment and meets the following conditions :
(1) being able to work, being ready for suitable job as provided, having no objection to job training and having been registered with the Government Employment Service Office at which his or her presentation is frequently required for not less than once a month ;
(2) the unemployment of an insured person is not caused by the termination as the result of malperformance of duty, or intentionally committing a criminal offence against the employer, or intentionally causing damage to the employer, or violating material rules or work regulations or lawful order of the employer, or neglecting duty for seven consecutive days without justifiable reason, or causing serious damage to the employer as the result of negligence or being imprisoned by the final judgement to imprisonment except for an offence committed through negligence or petty offence ;
(3) being untitled to the old-age benefits under chapter 7 of this title.

Section 79. An insured person shall be entitled to unemployment benefits on and after the eighth day as from the date of becoming unemployment with the last employer in accordance with the rules and rates prescribed in the Ministerial Regulations.

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35 As amended by section 6 of the Social Security Act (No.3), B.E.2542 (1999)

36 As added by section 7, ibid.

37 As added by section 7 of the Social Security Act (No.3), B.E. 2542 (1999)

38 As added by section 7, ibid.

39 As amended be section 8, ibid.

40 As amended by section 8 of the Social Security Act (No.3), B.E. 2542 (1999)

41 As added by section 9, ibid.

42 As added by section 9, ibid.

43 As added by section 9, ibid.

44 As added by section 9 of the Social Security Act (No. 3), B.E. 2542 (1999)

 
 

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