Legal analysis: 1. After the death of an employee or retiree, his or her immediate relatives have no source of livelihood and rely on the deceased for support. Those who meet one of the following conditions can be classified as supporting immediate relatives:
(1) Grandfather, father, or husband are over 60 years old or have completely lost the ability to work;
(2) Grandmother, mother, or wife are over 55 years old or have completely lost the ability to work; grandfather . The grandmother, as the support object, must also be a person who currently has no children or whose children have completely lost the ability to work and have no source of income.
(3) Children (including adopted children, children born from ex-wife or ex-husband, and children born out of wedlock), grandchildren, and younger siblings (including half-brothers or half-brothers) are under 10 years old Those who are 16 years old or still attending middle school or vocational middle school even though they are 16 years old; grandchildren, younger siblings, as support objects, must also have no parents or both parents have lost the ability to work and have no source of income.
2. Employees and retirees have been raised by others since childhood, and if the current dependents meet the conditions of Article 1 (1) and (2), they can be regarded as supporting immediate relatives.
3. When an employee or retiree dies and his or her surviving family members meet the requirements for support at that time, they can be listed as supporting immediate family members. When an employee or retiree dies, their family members do not meet the requirements for support at that time. Those who meet the requirements for supporting will no longer be included in the scope of supporting immediate family members and receive regular living hardship subsidies. The deceased is not subject to the restriction of this article if he or she remains within the scope of immediate family members who can be supported.
Legal basis: "Social Insurance Law of the People's Republic of China"
Article 2 The state establishes basic pension insurance, basic medical insurance, work-related injury insurance, unemployment insurance, maternity insurance, etc. The social insurance system guarantees citizens’ rights to obtain material assistance from the state and society in accordance with the law in the event of old age, illness, work-related injury, unemployment, childbirth, etc.
Article 26 The treatment standards of the basic medical insurance for employees, the new rural cooperative medical insurance and the basic medical insurance for urban residents shall be implemented in accordance with national regulations.
Article 28 Medical expenses that comply with the basic medical insurance drug catalog, diagnosis and treatment items, medical service facility standards, and emergency and rescue expenses shall be paid from the basic medical insurance fund in accordance with national regulations.